HomeMy WebLinkAbout2003-01-27 OPH Ltr. to CA Forwarding Document For Recording}
JAH:
Enclosures
Community Development
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Cordi ally,
e A. Hultman
14168 oak Park Boulevard No..o P.0. Box 2001 . oak Park Heights, MN 5508 Phone: 651/439 -4.439 Fax: 6511,439 -0574.
January. 27, 2003
Mr. M ark Vierlir g
Eckberg, Lammers, Briggs, Wolff & Vier
. ' A.ttorney's ,at Law
1835 Northwestern Ave,
Stillwater, MN 55082
Re: Steven Berres
Variance and Conditional Use Permits
Tree City U.S.A.
L - ,
Dear Mr. Vierling:
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Enclosed herewith for. filing with the Washington County Recorder's Office, please find the
above - referenced document, with attachrnems and Notice of Certification for the-above-
referenced.
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STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned, being duly qualified and acting as City Administrator for the City of Oak
Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached document:
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same is a
full, true and complete copy of said document within the files of the City of Oak Park Heights.
SS m. hand and the seal of the City of Oak Park Heights, this 27th day of January,
my � g
2003.
NOTICE OF CERTIFICATION
Variance and Conditional Use Permits
For Steven. Berres
JUcIO1St(/
Acing City Administrator
Owner: Steven Bents
CITY OF OAK PARK HEIGHTS
VARIANCE AND CONDITIONAL USE PERMITS
FOR
Steven Berres
Planners File No. 798.07-02.01 Date Issued November 26, 2002
Legal Description: (Washington County Plat - Parcel No. 03-029-20-13-0044 )
Lot 3, and all that part of Lot 2, lying east of the 30 foot strip of land
Deeded to the State of Minnesota, all on Block 4, Easterbrooks and Daggett's Addition,
Washington County, Minnesota
Address: 5674 Perkins
Oak Park Heights, MN 55082
Present Zoning District: R -1
Conditional Use Requirements set forth in Ordinance 401 Section 401 d 1 5.J.
I. VARIANCE AND CONDITIONAL USE PERMIT FOR:
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 5 674 Perkins Avenue North and
affecting the real property as described above is granted subject to the following conditions:
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.
Approval is granted 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 shall be submitted and approved by the City Arborist.
3. A performance security shall be provided to the City as specified in Section 401.08 of the Ordinance,
including a letter of credit or cash security for 125% of the grading, sodding, and landscaping expenses
of the site, which shall be reviewed by the Building Official at the time of building permit issuance.
4. The relocated structure shall be ready for occupancy within eight months from the date of its location
onto the site.
2. Reference documents:
a. November 6, 2002 Planners Report with attachments
Date:
Date:
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
iS v 1 -
Date: Rite -
By
David Beaudet, Mayor
9 4 'fr / /41-42 '-r
Ju•' Hoist
Acting City Administrator
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PLANNING REPORT
FILE NO: 798.07 -02.01
BACKGROUND
Attached for reference:
Exhibit A:
Exhibit B:
ISSUES ANALYSIS
NORTHWEST ASSOCIATED CONSULTANTS, INC.
5776 Wayzata Boulevard, suite 566, St. Louis Park, MN 65416
Telephone: 952 .595.9636 Facsimile: 952.595.9637 planners@nacplanning.com
TO: Judy Hoist
FROM: John Giomski 1 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
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.
Site Plan
Front Elevation
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
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.) 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.
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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 rparket 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
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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 Tess 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 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
ordinance and 1.8 feet to the west to eliminate the need for a variance to
the side yard setback requirement of 30'. wa
TOP OF BLOCI{ ELEV. 103, 7
GARAGE FLOOR ELEV*1O3.3
LOWEST FLOOR ELEV...95.7
TOTAL AREA OF LOT 10,395 SQ. FT.
TOTAL AREA OF PROPOSED HOUSE >� 1,632 SO. FT.
e DENOTES IRON MONUMENT FOUND
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TB DENOTES TELEPHONE Box
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HH DENOTES ELECTRIC . HANG HOLE
CERTIFICATE OF SURVEY FOR:
STEVEN BERRES
DESCRIPTION:
Lot 3 and that part of Lot 2 lying. eosterly of the 30 foot strip of fond deeded to the
Stote of Minnesota, a!1 In Block 4, Esterbrook's and Daggett's Addition,
Washington County, Minnesota.
THE LOCATION OF MIMES SHOPS ARE APPROXIMATE ONLY,
OTHER UTILITIES 1JAY EXIST WHICH HAVE NOT BEEN SHOWN.
CONTACT GOPHER STATE ONE CALL AT 454 -0002
FOR EXACT LOCATIONS BEFORE BEGINNING CONSTRUCTION.
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CARLEY-TORGERSEN, INC.
LAND . SURVE(bRS .
(651) 484 -3301
5UTTE 703
70 WEST COUNTY ROAD "C"
LITRE CANADA, MN. 55117
Revision. [Dote Book No. •
1 hereby certify that this survey, pion or report was
prepared by me or under my dire at supervision and
that 1 am a duly Registered Lond Surveyor under
the INfs of the State of Minnesota.
leitatTler
David E. orgersen,
Minn. Reg. No. 17551 Date /0 -i "
Job No. 2002-121 File No. ?7O
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