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HomeMy WebLinkAboutFully Executed Variance & CUP Document C I TY OF OAK PARK HEIGHTS VARIANCE AND CONDITIONAL USE PERMITS FOR Steven Berres Planners File No. 798.07 -02.01 Bate 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 Owner: Steven B errs Address: 5674 Perkins Oak Park Heights, MN 55082 Present Zoning District: R--1 Conditional Use Requirements set forth in Ordinance 401 Section 401.15.1. 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 necessar to allow placement of the house on the propert Approval is g ranted subject to the followin conditions: 1. Upon relocation, the buildin shall compl with the applicable re of the Uniform Buildin Code subject to approval of the Cit Buildin Official. 2. A site plan showin landscape improvements shall be submitted and approved b the Cit Arborist. 3. A performance securit shall be provided to the Cit as specified in Section 401.08 of the Ordinance, includin a letter of credit or cash securit for 125% of the g radin g , soddin and landscapin expenses of the site, which shall be reviewed b the Buildin Official at the time of buildin permit issuance. 4. The relocated structure shall be read for occupanc within ei months from the date of its location onto the site. 2. Reference documents: a. November 6, 2002 Planners Report with attachments IN WITNESS WHEREOF, the parties have set forth their hands and seals. C AK PARK TS HEI _ HEIr Date: B David Beaudet, Ma D ate: _p4c 'D B Ju Holst L ?Actin g Cit Administrator Ju /100� AI Date: B 4 Ste n Berres a -_ ... I: ICl 1�f.: AYllrac.( iY/ if Y�' 1% IAiJ/ I► wrC1.' 1 ►1(6:/G/fldAitlY(twrart`i .5$t'X910'1[ wig. lKLr► J! Y!' al �tii,+Ap+6{.1`l6!�L'r" #/G LFgM111cr4d�/. 4. rlrurdt. elr:..i):J,Irri.K.ttti.d „ •......,,•.•:;-- •�' � ° '�!!Cr.� 6775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Judy Holst FROM: John Glomski 1 Scott Richards DATE: November 0, 2002 RE: oak Park Heights - Steven Berres conditional Use Permit for Building Relocation and variance for the rear yard setback FILE NO: 708.07 -- 02.01 BACKG 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 far 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. Attached for reference: Exhibit A: Site Plan Exhibit B: Front Elevation ISSU ANALYSIS Comprehensive plan: The comprehensive Plan Land Use Map d esignates 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 Zon i - ng 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.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 Oslo Park Heights. Comment. The building plans are subject to- review and approval of the City's Building - Officia L 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 nix 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 13 7, 000. This is consistent with the market values of the surroundin g structures which range in market value from $71,900 to $130 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 pp reviousl , the applicant has requested a variance to allover p Y 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 structure towards Perkins Avenue, as shown on the. site plan, for the followin g two reasons; the location of existing mature treos 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 roving 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 loner 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. 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 r ordinance and 1.8 feet to the west to eliminate the need for a 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: I . 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 8.3 -feet to the north and 1.3 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 401.03 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 t i €! i [� I f 1 CERTIFICATE OF SURVEY FOR: SrTEVt N BERRES DESCRIPTION; Lot 3 end that port of Lot 2 lying ,easterly of the 30 foot strip of land deeded to the State of Mioneaota, all In Block 4, :,easterly and Doggett's Additlon, Washington County, Mlnnesoto. 100- 7T_ 07100+7 X r . r+ �1 _ ti r r1 r \' r♦ r ! r+ n a , r1 I-^ •+ I - e I­ re I I I 1 ^+ ! —► 111 i e r 1f r 30 ri y A f 1 3! 1 1 -sib{ It� 1 1 tiJ 1 1 L J > t 1103.3s 1 D2.25 � _ { 00. o . 57TH STREET NO. 00.so S89'43'39 "E 95.74- - io1m 100.00 102.25 1 1, 0 101,09 02.41 4 �1 2 € 1 . 100.94 t 30 FT. SETBACK LJHE a �1 D3} . ,._.__._...,,..�. _.._.w .. ]. • � �y�:}�172,+48 .. >� 24.0 ... .._ 1 L1.3} w • .1D1.O0 .... ._ . _... ......,._ .. 1 i f r 3�ro 01.53 c_ � s 102.69 °❑ 101.93 1 t 24.0 /_ ' (103) 142,24 i S89 "E 82.23 - �-= P f x�p� F E NCE x • i � � � 11,91 .:1p1,8t3 TOP OF BLOCK ELEV.=103.7 >� GARAGE FLOOR ELEV -103.3 ' r LOWEST FLOOR ELEV. -95.7 - .r..._.., r. ..� ._... � .3o TOTAL AREA OF LOT = 10,395 SO. FT, r � rti r � r - 1 � 1 ^I 1n r � � r - A r 1 s 1 ■ r r r•r 1 1 r- r l s rt r ! � r r TOTAL AREA OF PROPOSED HOUSE - 1,632 SO. FT. 1 r { Poll / 1 I n r N r \r !► I Ir 11 I 11 rl�r 3� I L J L✓ I1 1 I\ I Y +' 1 102, E3 i DENOTES IRON MONUMENT FOUND 0 DENOTES IRON MONUMENT SET GRAPHIC SCALE 0 DENOTES MANHOLE 30 0 1 V ca © DENOTES CATCHBAS1N - t IN � ] x 102.62 DENOTES HYDRANT 1 inch a 30 it. ►rr M DENOTES WATERVALVE 2Z, DEMOTES POWER ' POLE LP DENOTES LIGHT POLE T13 DENOTES TELEPHONE B OX C CARLEY--- TORCERSEN, INC. PK DENOTES NAIL SET � €hereby certify that this st>!rvey, p €nn or report was HH DENOTES NLECTR €C HAND HOLE LAN . SURVEYORS prepared by me or under my direct; supervision and (651 } 454 - that t am a duly Registered Land Surveyor under SUITE 703 the € s of the State of Minnesota. r 4 E Evans 70 WEST COUNTY ROAD "C" LO �' OTHER UTIL ITIES MAY Exisr 1'�ICH HAVE NOT BEEN SHOWN. THE CATION Or UTILITIES SHOWN ARE APPROXIMATE ONLY. LITTLE CANADA, MN. 55117 D6vid Eforg rsen, P,L,S. 7GRGERSEN, INC. Minn. Reg. No. 17551 Dote d .•r- - -- � CONTACT GOPHER STATE ONE CALL A7 4 • • FOR EXACT LOCATIONS BEFORE BEGINN NG CONSTRUCTION. Revision. Qotp Book No. glob No, 2002 --121 Fife No, L C A r ` E t 0. eq! 235 ASPK SKaLs Ar r " ' IS us. FELT � 1K4. CQILA�R L: ,"2 rz R v4� 03175. l 5 y XX4 RFTRS. 1G"aC. E s .xc CLQ, ssr sr."aC. W. FACIAL IY� rl� CCG. ZOFFIT 2X14 TRF.1$� :�_.:_ x, ��•=.c . - � � O co 04. WALL '. is ' % . {•'.. ;��':�,, : •.:. STAI SECTION SCALE Y t -o ..��, ..�;: •_ �,.;.; ,� � i 7114 u FLA 6R.Ja131� ,c' 2K6 3tLi~ PLJ.Y E q S'F.AI.ZlC '• ;�, wLTZ ��•: • -:rte •.�� a ' _;; r ::.o _ , - _ •� 't � _ _ t C: i� Y: �.r:; • "• ,} • :�..� Cif., 4: r .:ia rrsiiszs . •.� E '31_KS. �i_t •j' J ia: : :tip. • �. - ._ .^ Try r.. � .. .. .'I :� f :. i•'r; .� w _ +F .. - ..�....... ...._ ._.............. ......,�,�,.r... ... -.., _. — .... — ,'- •-yY ��— - —•R•• - .., .—� . L-E F 9�1, FRONT F-LF-VPN L 2 F �-'Tj 1 �„ ^K�u ...— _ .. .. -.�.. �� ... ....ter........... - ..r. . •._ �. _. ... r r _. ._ � _w.. ��.. .�. .. —` � —� .� '� • �."'....... -. __4'... `.� r__ .-. rr. 3 W f k V EXHIBIT 13 CERTIFICATE OF SURVEY FOR: STEVEN B ERRE � � (0?y pU a1 DESCRIPTION: Lot 3 and that part of Lot 2 lying easterly of the 30 foot strip of land deeded to the State of Minnesota, all in Block 4, Esterbrook's and Daggett's Addition, Washington County, Minnesota. TOP OF BL ELEV. -103.7 GARAGE FLOOR E EV =103.3 - LOWEST F ELEV. -95.7 TOTAL. AREA OF LOT = 10,395 SO. FT. TOTAL AREA OF PROPOSED HOUSE — 1,632 SQ. FT. DENOTES IRON MONUMENT FOUND ❑ DENOTES IRON MONUMENT SET 0 DEMOTES MANHOLE ❑ DENOTES CATCHBASIN DENOTES HYDRANT t>Q DENOTES WATERVALVE DENOTES POWER POLE LP DENOTES LIGHT POLE TO DENOTES TELEPHONE BOX PK DENOTES NAIL. SET HH DENOTES ELECTRIC HAND HOLE . _ .... _...... ........._._ - .....,..,_... _._. ...... _........ 100.04 r r+ --t- r- f r r r r, I J I r A N I r, LJ i ► tiJ �J 1 j\ �J !�1 1 �1 J !It 30 : I I l l I •I I € LJ ► 4J tJ 1� L I LJ L i I I VJ l °� I j 13.35 102-2.5 PP o t ` 57TH STREET 11�o:� l 1 95.7 jOt.35 f 100.00 .,......_. _...... �' 12 102.25 101.09 D 02 �. 100.94 l i x l 1 o r ��s R � f W rr FT LINE 1 ca �i 12.E . . � <l CD ° 44 , � �, .� I�H . 01.53 3( V . A I— > .101.88 �� En r- ��4 � o i 102.6 �, 0 ' 101.83 Cn ts.a 24.0 4 2 r4 (1O3) ..... ..... �.. _..... �..... '� 1 D 2 102.244 I { (� S89'42 E 82.23 —5 i X [ x x ` x 0 • r � � � 11.91 e r� r� r- 1 I ~i~ �n rN r" A eN 1 I l ri I • I rt I I F- -�I I I - h� h- � 1 � F--! ♦J i / �J [ yf 1 �� LJIfr— ! \f i 1 ��' t1 t •r l a r� rill 1 �� ►► LJ jt F �` ►'� I 3a I I 4102.43 GRAPHIC SCALE sn is as to 120 IN FM 1 inch - 30 IL THE LOCATION OF UTILITIES SHOM ARE APPRO)CIMATE ONLY. OTHER UTILITIES MAY EXIST WHICH HAVE NOT BEEN SHOWN. CONTACT GDPHER STATE ONE CALL. AT 454 --4002 FOR EXACT LOCATIONS $EFORE BEGINNING CONSTRUCTION. A CARLEY-- 'ORGERSEN, INC. R L AN D SURVEYORS (551) 484 - --3301 SUITE 703 Y � 70 WEST COUNTY ROAD "C" TORGERSEN, INC. LITTLE CANADA. MN. 55117 Revision Data A•,l, 11,-A-.re1� /,Rn No M z r 0 NOV 8 � .T ,..... �,...... I hereby certify that this survey, pidn or report f repared by me or under my direct. supervision h t I am a duly Registered Land Surveyor under the fa of the State of Finn Soto. Dcfyidm E. Torgersen, Minn. Reg. No, 17551 Date f 'rl r 2- h Job No. 2002 --121 EiLe No. ��