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HomeMy WebLinkAbout2002-11-06 NAC Planning Report NORTHWEST ASSOCIATED CONSULTANTS, INC. IY YIJ. -IN ■Yd IY l A uVr.IJ+YYL {1141, { - - .. __... -_.. ... ... _.... .a<.: _..... J14YY IYYI.JYY.14Y•r..Y.SWi{WJJsIn S.Y1RlW@.J:.I VfYl1{LLWJ'JLyL./LL .I.Y.4{iLAiY.6'IWL .YaJYII.I..gyLJ.4{R,.LWa..YYLYW V.YLiiLi.Le1Yrt -- - - - - - I . yYY�VI{ ,.Y1IIW9.1aY {41YY1, }J._rJlld �YIIYIY,IIIYIY I. 6776 W ayzata Boulevard, Suite 555, St. Louis Park, MN 6541 Telephone: 952.595.9836 Facsimile: 952.595.983 ' planners@ nacp annin9.con - 1 PLANNING REPORT To: Judy Holst FROM: John Glomski Scott Richards DATE: November 6, 2002 RE: Oak Park Heights - Steven Berres Conditional Use Permit for Building Relocation and variance for the rear yard setback FILE NO 798.07 - 02.01 BACKGROUND The applicant, Steven Berres, has requested a conditional use permit to allow for an existing detached single family home to be relocated onto an empty lot situated at the corner of 57th Street and Perkins Avenue. The applicant is also requesting a variance to allow for a portion of the structure to lie within the designated 30' near yard setback. The subject site is zoned R-1, Single Family Residential, and the lot has recently been cleared in preparation for this project. Attached for reference: Exhibit A: Site Flan Exhibit B: Front Elevation ISSUES ANALYSIS Comprehensive Plan: The Comprehensive Plan Land Use Map designates this area for single family residential use. The boning Map has included this area within the R -1 District.. This is an older neighborhood with a mix of one and two story buildings, unique in character and architectural style. The applicant has cleared the site of a previous home in need of repair in hopes of revitalizing the site and improving the neighborhood. Conditional Use Permit: The Zoning Ordinance, section 401.15.J., requires that the relocation of any building or structure over one hundred twenty (120) square feet onto another lot within the City be subject to review and approval of a conditional use permit. In evaluating the requested conditional use permit, Section 401.03.A.7, of the Zoning Ordinance directs the Planning commission and City council to consider the possible adverse effects of the proposed use, with their judgment based upon, but not limited to the following factors: a. Relationship to the specific policies and provisions of the municipal Comprehensive Plan. b. The conformity with present and future land uses of the area. C. The environmental issues and geographic area involved. d. The impact on character of the surrounding area. e. The demonstrated need for such use. f. Traffic generation by the use in relation to the capabilities of streets serving the property. g. The impact upon existing public services and facilities including parks, schools, streets, utilities and the City's service capacity. h. The y ro osed use's conformity with all performance standards contained p p in the Zoning Ordinance. Comment. Our office has evaluated the above criteria and feels that the applicants p ro j ect sufficiently meets these requirements, with exception to pp p ro � (h), conformity with all performance standards. This can he reconciled with the approval of the requested rear yard variance which is discussed within this report. ,additional comments and criteria for review of a conditional use permit specific to the relocation of a structure as described in Section 401.15.J of the Zoning Ordinance are as follows: Performance standards: a. Upon relocation, the building shall comply with the applicable requirements of the Uniform Building Code in effect in Oak Park Heights. Comment. The building plans are subject to review and approval of the City's Building Official. b. The proposed relocated building shall comply with the character of the neighborhood in which it is being relocated as determined by the City Council. Comment: The neighborhood consists of a variety of one and two story residential structures with a mix of architectural style. The proposed structure will not be at variance with the existing neighborhood character. C. The relocated use will not result in a depreciation of neighborhood or adjacent property values. Comment: Prior to demolition, the previous (rouse was in ill repair. The proposed structure will be significant improvement to the lot and the surrounding neighborhood. d. The relocated structure shall be similar to the market valuation of adjacent principal structures as determined by the City Assessor. Comment: Accordin g to information provided to our office by the City Assessor, the proposed structure will have a market value of approximately $137, 000. This is consistent with the market values of the surrounding structures which range in market value from $71,900 to $130 300. Occupancy: The relocated structure should be ready for occupancy within eight months from the date of location on the site. Comment: The applicant will be required to complete the project within eight months. Performance security: A performance security should be provided to the City as specified in Section 401.08 of the Ordinance. Comment: In addition to the normal performance security requirements specified in Section 401.03 of the ordinance, the applicant should provide a p erformance bond for grading, sodding, and landscaping of the site. The amount of the performance bond shall be set by the Building official at the time of building permit issuance. Variance: As mentioned reviously, the applicant has requested a variance to allow p encroachment into the required rear yard setback (80 feet). Specifically, the parcel is a corner lot, fronting on two public right-of-ways. The ordinance states that in such a situation, the front of the lot shall be the boundary abutting the public right -of -way with the least width which in this case is 57th street. The applicant feels it necessary to orient the proposed osed structure towards Perkins Avenue, as shown on the site plan, for the following two reasons; the location of existing mature trees along the north lot line 3 limits access off of 57th street and the long narrow layout of the proposed structure fits best fronting Perkins Avenue. This however, does not change the 30' rear yard setback requirement located from the south line of the parcel. The location of the proposed structure, as shown on the applicants site plan, encroaches 20' into the setback. It should be noted also that the site plan currently shows the structure 28.2 feet from the east lot line, fronting Perkins Avenue. According to the Ordinance, the side lot line abutting the public right -of -way on a corner lot should be set back 30'. Our office feels that this is an issue that can be easily corrected by moving the structure to the north and to the west, which would not only eliminate the encroachment into the side yard setback, it would lessen the encroachment into the rear yard setback. In considering the variance request, the City has established a number of criteria which should be used in determining their acceptance. Per the Ordinance, Section 401.04.A.4. the Planning Commission and City Council should make a finding of fact that the proposed action will not: 1. Impair an adequate supply of light and air to adjacent property. 2. Unreasonably increase the congestion in the public street. 3. Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State lave. 4. Increase the danger of fire or endanger the public safety. 5. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. 0. Violate the intent and purpose of the Comprehensive Plan. In addition to the aforementioned criteria, the variance must also demonstrate an undue hardshi p will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. Comment. Review of the setback variance request finds that it does not violate any of the six provisions stated above. The Planning Commission and City Council need to decide if the location of existing mature trees along 57th street, which impede access for the proposed structure design, is sufficient to be deemed a hardship. Our office feels that the proposed structure does fit best on the lot when oriented towards Perkins Avenue, however the building should be moved 8.8 feet to the north to allow for the minimum variance necessary as required in Section 401.04.5.g. of the 4 ordinance and 1.8 feel to the quest to eliminate the need for a variance to the side yard setback requirement of 30'. CONCLUSION l RECOMMENDATION The applicants parcel is located in a unique older neighborhood which was developed well before the cities zoning ordinance. Its odd shaped lots, narrow streets, and varying setbacks help in making the variance to the rear yard setback less of an issue. The parcel is zoned for residential use and meets the general requirements for the conditional use permit needed when relocating such a structure. Based upon the factors outlined herein, our office recommends approval of the requested conditional use permit and variance subject to the following conditions: 1. Upon relocation, the building shall comply with the applicable requirements of the Uniform Building Code subject to approval of the cities Building official. 2. The Site Plan is revised to show the proper setbacks as described in the ordinance and the structure is moved 8.8 feet to the north and 1.8 feet to the west to eliminate the need for a variance to the required 30 foot side yard setback and to allow for the minimum variance necessary to the rear yard. 3. A site Plan showing landscape improvements is submitted and approved by the City Arborist. 4. A p erformance security is provided to the City as specified in Section 401.08 of the Ordinance, including a performance bond for grading, sodding, and landscaping of the site, the amount of which shall be set by the Building official at the time of building permit issuance. 5. The relocated structure is ready for occupancy within eight months from the date of location on the site. pc: Kris Danielson s CERTIFICATE OF SURR"E"Y FOR STEIN DERRES DESCRIPTION. Lot 3 and that part of Lot 2 lying,:eosterly of the 30 foot strip of land deeded to the State of Minnesota, all in Block 4, Esterbrook's and Doggett's Addition, Washington County, Minnesota. t�wrt 4 ca y11� 0 1 . 0 e I rr 1 1 1 E [.. ... ■J I L� ■ L.1 1 1 I •• "; I I I I 30 # � E l l 30 I i r n r� r� - r- I r+ r• r� t 1 1 l 1 -'F- i 1 13 1 1 1 1 I 1 1 I S \F I I L J 4 J I I 1 \/ S Y No 5 „103.35 102.25 PP 06 R ;100.80 a l - 57TH STREET NO 1 00.90 d � V -5 :b , w 589'43'39 "E 95.74-- , I X1.35 100.00 0 102.25 f f,p4 0 01,09 l l J(1oz.a1 � � � 1 `' X l rn � � � I 3a F SfTSAC C LJNE � I 1 p (1 t yy ji. :i ]2,48 ,` 24.0 ...- - ._.. ".,..101.00 € 1 x_1.3 }._. J / 3. --� = E 101.25 Cn I Flo fir[ Iv, s 101.3- l " _ ❑ r ®H f 30 I i ' ° •1 n } 101.88 `01.53 102.69 �' ° 0 101.x3 I l � I' I � , I 24.0 �$2� / _ X►�r (103) 102,24 j 589'42'45 "E 82.23 — O2. X f # x � l x-- `"'�"x�, x x- --�-sc � fEHCE r 1 ' t 11.91 r:1O1.$8 TOP OF BLOCK ELEV. -103.7 GARAGE FLOOR ELEVm 103.3 3D �� co LOWEST FLOOR ELEV. -95.7 TOTAL AREA OF LOT w 10,395 S4. FT. r r r r- r i 1 I" lr, r r- A r s 1 r I Fe s TOTAL AREA OF PROPOSE] HOUSE 1,632 SO. FT. { A rN r N1I - I - rr� . I I tir l 1 102.43 * DENOTES ]RON MONUMENT FOUND 0 DENOTES IRON MONUMENT SET GRAPHIC SCALE @ DENOTES MANHOLE J° 6 1a W' to 120 I I � 0 DENOTES CATCHBASIN t ) X 102.62 IN FEET DEMOTES HYDRANT 1 inch 30 1t. we Pd DENOTES WATERVALVE -4D, DENOTES POWER POLE LP DENOTES LIGHT POLE TB DENOTES TELEPHONE BO C CARLEY—TORGERSEN, INC. I hereby certi that this Surve pl an or report was PK DENOTES NAIL SET A LAND SURVEYORS prepared by me or under my d supervision and HH DENOTES ELECTRIC HAND HOLE R (651 ) 434 --3301 that l am a duty Registered Land Surveyor under L the la s of the State of Minnesota, SUITE 703 r E �aRS 70 WEST COUNTY ROAD "C" � THE LOCATION OF UTtUTIES SHOWN ARE APPROMMATE ONLY. TDRGERSEN INC. LITTLE CANADA, MN. 55117 David E. forgersen, P.L.S. OTHER UTILITIES MAY EXIST WHICH HAVE NOT BEEN SHOWN. ' Minn. Reg. Na. 17551 Dote/ p CONTACT GOPHER STATE ONE CALL AT 454 -OD42 ' FOR EXACT LOCATIONS BEFORE SEONNING CONSTRUCTION. Revision Date Rook No. Job No. 2002 -- 121 File No. No. Ha• 07 -191 C?' O I CD i !� i� 'ABNETS scat ILJI I - — - - i - ---� X35 to A5 K s (;L4 � 15 1-5 . FELT 1x4 LOlLA " — . — - -- — _ Il_O -.x - Q ` -� 1 x4 Roorzo!s ;U4 RPM. lCO.C. TIES _ zx(. Ct6.35'1: V D.C_ s �` sxL FACIA 3 /5 EXT- PLY. SOFFIT z�cto �t�u qy • - � _ FILL WALL STAR, SECTION sm� �Ir1.�IFC '2)U. SILL PL ATE y 5EALXX - -fie.: '; %iri:•:: % "::' ^:.,. - f , I .f. ..- - • �• A + R1lzu. M. • �• - , i KwrF �yM; ''•• ..� �- �--'- -. -� _._..rte._.__ .... ..... -_ _. .._. �_. ._ _. ._ ... ....� -. . --. -.. .�. ..- ...' r . -. •`- .. - .., .� r... _ � ¢/, 1 FRONT ELEWITI o N ' c �. %'_.'� ° V LLJ : r EXHIBIT B CERTIFICATE OF SURVEY FOR: STEVEN BERRES S�� y P.,,�," olle DESCRIPTION: Lot 3 and that part of Lot 2 Eying easterly of the 30 foot strip of land deeded to the State of Minnesota, all in Block 4, Esterbrook's and Doggett's Addition, Washington County, Minnesota. TOP OF BLOCK ELEV. -103.7 GARAGE FLOOR £LT=V =103.3 LOWEST FLOOR ELEV. -95.7 TOTAL AREA OF LOT = 10,395 SO. FL TOTAL AREA OF PROPOSED HOUSE = 1,632 SO. FT * DENOTES IRON MONUMENT FOUND 0 DENOTES ]RON MONUMENT SET 9 DEMOTES MANHOLE ❑ DENOTES CATCHBASIN :�4 DENOTES HYDRANT DQ DENOTES WATERVALVE DENOTES POWER POLE LP DENOTES LIGHT POLE TB DENOTES TELEPHONE BOX PK DEMOTES NAIL SET HH DENOTES ELECTRIC HAND HOLE 1 ._ .� r ._,....�. ..,,... �..-. ..,. 100.04 I I I r r- - I - r- ti r. r� I ► tr t! F % ■ J I "�'1 1 r l�J 3 1 , � r 30 r�� A r1 rti "'I - I T l r r� LJ ■ t J ti! I 1 J I 1 LJ LJ I F I Y l „i fl3.35 �102.25 P!',}�`f ` 57TH STREET NO, 0 '90 v.. '� o ;:5 S89'43'39 "E 9 5.7 4 - , 1 01 . 35 100.00 12'R 102.25 r r, p 101.09 02.41 �. { t 0 '�. 2 r 100.94 x ! ; 1 ' °1 % 1 M °� � n �103 } x N, 1 1 130 FT. S7= TBAC€C LINT: Ni C1� I x F1 oq~ 7 01.tio >C-F-1 )2.4 1 / ^ E 171,13} ;r Jam ! 101.25 : 101.34 i � m l 30� , oi n •x. 1 0 1.88 0 1.53 r � r l �• t f 102.6 101.93 1 f 24.0 *5.2 T _ r � i 5.0 ' 1 i x z .� ...,..._. ..._.,�....... 1 i 102.24 1 F - - S89'42'45"E 82.23- a2Jl X,, i -x " FE14CE "� �1 I • • ' i X1101 as t r� r r- 1 I - , r r-~ A rti I I 1 el 1 I - t`4 F-- - X I h� t 1 t �! I t � F > L . L I 'k t� I t t' 1111 "• �. Art � A r-, r �� t - I - 1 e� A t 1 3 0 ! lJJ i 1 4 102.43 i GRAPHIC SCALE o w so w Fla t I 1 inch - 30 IL THE LOCATION OF UTILITIES SHOWN ARE APPROXIMATE ONLY OTHER UTILITIES MAY EXIS WHICH HAVE NOT BEEN SHOWN. CONTACT GOPHER STATE ONE CALL AT 454 --0002 FOR EXACT LOCATIONS BEFORE BEGINNING CONSTRUCTION. C CARLEY� --` ORGERSEN, INC. A LA ND SURVEYORS R (651) 484 --3301 L SUITE 703 SM& NORS 70 WEST' COUNTY ROAD ° C" TCRGERSEN, INC. LITTLE CANADA, MN. 55117 Revision Dote .+/ 1i:s+.re- /4 f A Pn ok No. M z r 0 �3 NOV - 8 w V.f , X • .� I hereby certify that this survey, plan or report w prepgred by me or under my direct supervision a that E am a duly Registered land Surveyor under the io of the State of Minn sots. D vid E. Torgersen, P.L.< Minn. Reg. No. 17551 Dote A Job No. 2002 ---121 File No: 3"' ;7' D�- No.