HomeMy WebLinkAbout2002-11-26 City Council Meeting Packet EnclosureOak Parr Heights
Request for Council Action
November 26, 2002
Meeting Date
Agenda Item Title Berres: CUP
Time Required 5 Minutes
Agenda Placement New Business
Originating Department /Requestor Planning Commission/Communit Development
Requester's Signature K.v
Action Requested Approval with Planning Commission Recommendation
Background/justification:
Please be advised that the Planning Commission voted 3 -0 at their meeting of 11/14/02 to
recommend that the City Council vote to approve this application.
At the Public Hearing residents spoke in favor of the application. Following the Pudic Hearin g I
received a telephone message from a resident who while in favor of the project, expressed his desire to
see the site well maintained and cared for during the construction process.
The recommending resolution from the Planning Commission and the Planner's memo are enclosed
for your review and consideration. Please contact me with an questions you may have at 439 -4439.
S:ISHARED\Fo ms\CCUNCIL ACTION REQUEST.d0c
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY STEVEN BERRES FOR A CONDITIONAL USE
PERMIT AND VARIANCE TO ALLOW AN EXISTING DETACHED
SINGLE FAMILY HOME TO BE RELOCATED TO
5674 PERKINS AVENUE NORTH
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Steven
Berres for a conditional use permit and rear yard setback variance to allow an existing detached
single family home to be relocated to 5674 Perkins Avenue North and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights recommended that
the application be approved with conditions. The City Council of the City of Oak Park Heights
makes the following findings of fact:
1. The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
and
RESOLUTION NC.
OF THE
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SEE ATTACHMENT B
3. The subject property is zoned R -1, Single Family Residential; and
4. 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; and
5. The requested variance is to allow an encroachment of 11.1 feet into the
required rear yard setback of 30 feet; and
request; and
6. The City staff prepared a report dated November 6, 2002 reviewing the
approved; and
7. The report dated November 6, 2002 recommended the request be
8. The Planning Commission held a public hearing at their November 14,
2002 meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the application be approved subject to conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL APPROVES THE
FOLLOWING:
A. The application submitted by Steven Berres for a conditional use permit and rear yard
setback variance to allow an existing detached single family home to be relocated to 5674
Perkins Avenue North and affecting the real property as follows:
SEE ATTACHMENT A
B The City Council of the City of Oak Park Heights makes the following findings of fact
related to the rear yard setback variance:
1. The location of existing mature trees along 57 Street, which is considered the
front yard, provides for limited area for a driveway location.
2. The existing structure, because of its dimensions, will only fit on the lot as
proposed with the front facing Perkins Avenue.
3 The 11.1 foot variance is the minimum variance necessary to allow placement of
the house on the property.
C. Be and the same as hereby approved by the City Council of the City of Oak Park Heights
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 City's Building Official.
2. A site plan showing landscape improvements is submitted and approved by the
City Arborist.
3 A performance 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.
The relocated structure is ready for occupancy within eight months from the date
of location on the site.
2
2002.
ATTEST:
Approved by the City Council of the City of Oak Park Heights this 26 day of November
Judy Hoist, Acting City Administrator
David Beaudet, Mayor
3
ATTACHMENT "A"
Lot 2, Block 4 Esterbrooks and Daggetts Addition
803.029.20.13.0044
Conditional Use Permit Application Process
For: eVe
Meeting with Staff
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement
Information Requirement: The information required for all conditional use permit
. items, p
applications generally consists of the following tems, and shall be submitted when
requested by the City (401.03 -5).
Site Development Plan, Dimension Plan, Grading Plan, Landscape Plan*
*Please p
Please refer to zoning ordinance for detailed description.
Required Approvals:
• Initial Conditional Use Permit
Planning Commission 3/5
City Council 3/5
• Amendment to Conditional Use Permit
Planning Commission 4/5
City Council 4/5
Lapse of Approval
Unless the City Council specifically approves a different time when action is officially
y
taken on the request, the conditional use permit shall become null and void twelve (12)
months after the date of approval, unless the property owner or applicant has
substantially started the construction of any building. An application to extend the
. p
approval of a conditional use permit shall be submitted to the Zoning Administrator not
g
less than thirty (30) days before the expiration of said approval. (401.03-7).
't r
and
request; and
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY STEVEN BERRES FOR A CONDITIONAL USE
PERMIT AND VARIANCE TO ALLOW AN EXISTING DETACHED
SINGLE FAMILY HOME TO BE RELOCATED TO
5674 PERKINS AVENUE NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Steven
Berres for a conditional use permit and rear yard setback variance to allow an existing detached
single family home to be relocated to 5 674 Perkins Avenue North and after having conducted a
public hearing relative thereto, the Planning Commission of Oak Park Heights makes the
following findings of fact:
1 The real property affected by said application is legally described as
follows, to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
SEE ATTACHMENT B
3. The subject property is zoned R -1, Single Family Residential; and
4. 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; and
5. The requested variance is to allow an encroachment of 11.1 feet into the
required rear yard setback of 30 feet; and
6. The City staff prepared a report dated November 6, 2002 reviewing the
approved; and
7. The report dated November 6, 2002 recommended the request be
8. The Planning Commission held a public hearing at their November 14,
2002 meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING
COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Steven Berres for a conditional use permit and rear yard
setback variance to allow an existing detached single family home to be relocated to 5674
Perkins Avenue North and affecting the real property as follows:
SEE ATTACHMENT A
B The Planning Commission of the City of Oak Park Heights makes the following findings
of fact related to the rear yard setback variance:
. The location of existing mature trees along 57 Street, which is considered the
front yard, provides for limited area for a driveway location.
2. The existing structure, because of its dimensions, will only fit on the lot as
proposed with the front facing Perkins Avenue.
The 11.1 foot variance is the minimum variance necessary to allow placement of
the house on the property.
C. Be and the same as hereby recommended to the City Council of the City of Oak Park
Heights for approval 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 City's Building Official.
2. A site plan showing landscape improvements is submitted and approved by the
City Arborist.
3 A performance 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.
4 The relocated structure is ready for occupancy within eight months from the date
of location on the site.
2
Recommended by the Planning Commission of the City of Oak Park Heights this 14th
day of November 2002,
ATTEST:
.._
Judy • . 1st,
Ling City Administrator
George Vogt, air
3
ATTACHMENT "A"
Lot 2, Block 4 Esterbrooks and Daggetts Addition
803.029.20.13.0044
Meeting with Staff
Required Approvals:
• Initial Conditional Use Permit
Planning Commission 3/5
City Council 3/5
• Amendment to Conditional Use Permit
Planning Commission 4/5
City Council 4/5
Conditional Use Permit Application Process
For:
Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement
Information Requirement: The information required for all conditional use permit
applications generally consists of the following items, and shall be submitted when
requested by the City (401.03 -5).
Site Development Plan, Dimension Plan, Grading Plan, Landscape Plan*
*Please refer to zoning ordinance for detailed description.
yea/c),
Lapse of Approval
Unless the City Council specifically approves a different time when action is officially
taken on the request, the conditional use permit shall become null and void twelve (12)
months after the date of approval, unless the property owner or applicant has
substantially started the construction of any building. An application to extend the
approval of a conditional use permit shall be submitted to the Zoning Administrator not
Tess than thirty (30) days before the expiration of said approval. (401 .03 -7).
ATTACHMENT "A"
Lot 2, Block 4 Esterbrooks and Daggetts Addition
803.029.20.13.0044
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-. . - - ... _ .zJ .� ♦.. • it iµAi�� • � .c �..-. s , nw.. s.�...wv�.� sn...... -- -. a e.r r. ..... v- . -.. . .
0, RTHW
PLANNING REPORT
TO: Judy Hoist
FROM: John Glomski 1 Scott Richards
DATE: November 6, 2002
FILE NO: 798.07 --0201
BACKGROUND
Attached for reference:
Exhibit A: Site Plan
Exhibit B: Front Elevation
ISSUES ANALYSIS
ENCLOSURE
�. N ° C. v
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telephone: 9525959636 Facsimile: 952.595.9837 planners @nacplanning.com
RE: Oak Park Heights -- Steven Berres Conditional Use Permit for Building
Relocation and Variance for the rear yard setback
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' rear yard setback.
The subject site is zoned R-1 , Single Family Residential, and the lot has recently been
cleared in preparation for this project.
Comprehensive Plan: The Comprehensive Plan Land Use Map designates this
area for single family residential use. The Zoning 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
with j p
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 proposed use's conformity with all performance standards contained
in the Zoning Ordinance.
Comment: Our office has evaluated the above criteria and feels that the
applicants project sufficiently meets these requirements, with exception to
(h), conformity with all performance standards. This can be 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
p y pp
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.
2
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 house 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: According 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, 800.
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 401.08 of the Ordinance, the applicant should provide
a performance 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 previously, the applicant has requested a variance to allow
encroachment into the required rear yard setback (30 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 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 law.
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.
6. Violate the intent and purpose of the Comprehensive Plan.
In addition to the aforementioned criteria, the variance must also demonstrate an undue
hardship 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 feet to the west to eliminate the need fora variance to
the side yard setback requirement of 30'.
CONCLUSION 1 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.
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 performance 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
5
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