HomeMy WebLinkAbout2009-05-05 OPH Ltr to ApplicantCity of Oak Park Heights
14168 Oak Park Blvd. N • Box 2007 • Oak Park Heights, MN 55082 • Phone (651) 439-4439 • Fax (651) 439-0574
May 5th, 2009
Mr. Douglass Corblick
15471 58th Street N.
Oak Park Heights, MN
55082
RE: Conditional Use Permit
Enclosed you will find three copies of the Conditional Use Permit. Please have executed
each of the three copies and mail all copies back to my attention at the above address.
Please do not remove any pages or remove any staples as this will void the document
and will cause delay.
Once these are returned, the City similarly sign and will submit one original copy for
recording with Washington County, one will be placed on file at City Hall and one will be
returned to you. Once this is completed, you will then have permission to begin the
process to secure a various building permits, although you may have had some
communication on this matter to date, and use the property as requested.
Plea let know if you have any questions
nson
Administrator
Cc: Mark Vierling, City Attorney - no enclosure
Scott Richards, NAC - no enclosure
Julie Hultman, Planning Dept.
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
For
DOUGLAS P. CORBLICK
File No.: 798.02— 09.01 Date Issued: April 29,2009
Legal Description: (Washington County Geo. Code 03.029.20.21.0085)
Lots 6 and 7, Block 1, Oak Park, Washington County
Owner: Doug Corblick
Address: 15471 58 Street North
Site Address: 15471 58` Street North
Present Zoning District: R- 1, Single Family Residential District
Permitted uses set forth in Ordinance 401 Section 401.15.D
I. CONDITIONAL USE PERMITS (3)< To Locate An Accessory Building Within A Side
Yard, To Locate It Within The Five Foot Side Yard Setback, And To Allow For Two
Accessory Structures, Approved With Conditions
All uses shall be subject to the following conditions and/or restrictions imposed by Resolution
09 -04 -18 of the pity council of the City of Oak Park Heights as follows:
1. The applicant shall provide a signed copy of the Encroachment Licensing
Agreement from Northern States Power Company. All provisions of the agreement shall
be complied with by the applicant/property owner.
2. The applicant/property owner shall not make additions to the structure.
3. If the structure is destroyed by more than 50 percent of its value, it shall not be
repaired or replaced unless brought into conformance with the Zoning Ordinance.
4. Upon sale of the property, the conditional use permit shall be reviewed and
considered for continuation by the City Council.
5. If Northern States Power withdraws the Encroachment Licensing Agreement, the
conditional use permit shall expire and the structure shall be brought into conformance
with the Zoning Ordinance.
III. Reference Attachment:
The reports of the City Planner dated April 1, 2009 and site plan approved by the City
Council are annexed hereto by reference as Exhibit A.
TV. Abandonment: This permit requires continuous use in order to preserve the Conditional
Use granted by the City under the terms hereof. Any discontinuation or abandonment of
the uses permitted hereunder upon the site for a period of 12 continuous months shall
constitute abandonment and void the permit.
V. Annual review: Annual review is not imposed as a condition of this permit
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CITY OF OAK PARK HEIGHTS
Date: By
David Beaudet
Mayor
Date: By
Eric Johnson
City Administrator
Date: By
Douglas P. Corblick
EXIIIBIT "A"
PLANNERS REPORT AND SITE PLANS
ENCLOSURE 2
NORTHWEST ASSOCIATED CONSULTANTS, INC.
TO:
FROM:
DATE:
RE:
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit 5:
4800 Olson Memorial Highway, suite 202, Golden valley, MN 55422
Telephone: 783231 .25 55 Facsimile: 703.231 .2561 planners@nacplanning.com
PLANNING REPORT
FILE NO: 798.07 -- 09.01
Attached for reference:
Eric Johnson
Scott Richards
April 1, 2009
Oak P Heights —
Park Heights Doug Corblick, 1 5471 58 Street North —
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Conditional Use Permit for Side Yard Setback; Building
Location; and Two Accessory Structures
BACKGROUND
Doug Corblick of
15471 58th Street North originally requested a variance for a side yard
setback
and building location and a conditional use permit for two accessory structures.
Mr. Corblick has constructed playhouse/tool onstructed a la house /tool shed within the side yard setback area of
his lot and partially property
iall within owned by Northern States Power Company (Xcel
Energy). Northern States Power Company has granted an Encroachment Licensing
Agreement
to Mr. Corblick to allow the playhouse /tool shed to remain on their property.
The rO ert is zoned R-1, Single Family Residential.
p P Y
As you are aware, the City Council approved amendments to Section 401.15.D,
Uses and Equipment to allow flexibility through conditional use
Accessory Buildings, .
variance review. The changes that were approved eliminated the need
permit versus var�a g
for the variances requested by ariances re uested b Mr. Corblick. The conditional use permit process,
instead, , shall be utilized to address the setback and building location issues. Therefore,
g
Mr. Corblick is now
being considered for three conditional use permits to locate the
accessory building within ithin a side yard; to locate it within the five foot side yard setback
requirement, and accessory • nd for two accesso structures. A new public hearing for the CUPS was
advertised for the April 9, 2009 Planning Commission meeting.
Aerial Photo of Site
Site Plan
Building Elevation Diagram
Building Elevation Diagram
September 22, 2008 Letter from Xcel Energy
Exhibit 6:
Exhibit 7:
ISSUES ANALYSIS
Encroachment Licensing Agreement
Photos of Site
Project Description. The applicant has constructed the 14 foot -l0 inch by 11 foot by
10 inch two sto ry accessory building within the side yard setback area and
approximately five feet into property owned by Northern States Power Company. The
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structure has a four foot deck at the front of the structure, opposite the side that
encroaches into the setback. The building is approximately 40 feet from the house. A
detached garage is constructed adjacent to the home.
Comprehensive Plan. The Comprehensive Plan Land Use Map designates this area
for low densit y residential use. Single family homes and related accessory buildings are
consistent with this land use type.
onin g property
Zoning. The is zoned R-1, Single Family Residential District. Single family
homes and related accessory buildings are listed permitted and accessory uses.
Setbacks /Location. The Zoning Ordinance requires a five foot setback from side lot
fines and eight feet from rear lot lines. The front yard for this lot faces Stagecoach Trail
and the rear lot line is on the west side. The south lot line, where the structure
encroaches, is a side lot line, thus requiring a five foot setback. The Zoning Ordinance
also requires that accessory buildings shall be located only within the rear yard. The
recent amendments to the Ordinance now allow for variation from the location and
setback requirements by approval of a conditional use permit.
Although not related to this request, the existing home is within the setback requirement
.
of 30 feet adjacent to 58 th Street and the garage is within the eight foot setback
requirement of the west lot line.
Accessory Building Requirements. The following requirements for accessory
buildings are reviewed as follows:
2. Location. No accessory buildings shall be erected or located within any required
yard other than the rear yard except by approval of a conditional use permit
accordin g to the provisions of Section 401.03 and Section 401.15.D.13 of this
Ordinance.
The la house /tool shed is located in a side yard. A CUP is required to allow this
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structure in a side versus a rear yard. Review of the CUP criteria is found later in
this report.
3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height
and shall be five feet or more from side lot lines, eight (8) feet from the rear lot
line, and shall be six (6) feet or more from any other building or structure on the
same lot. Accessory buildings shall not be located within a utility and/or drainage
2
easement unless writ ten approval is obtained from the easement holder.
Accessory building height ht ma be increased an additional five (5) feet with
approval of the Building g g official to match roof pitch or style of a principle
structure. The setback height requirements and hei ht uirements under this provision may be
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varied by approval of
a conditional use permit as provided for in Section 401.03
and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer
than six (6) feet to other buildings or structures providing the requirements of the
Building Code are met.
within the required side
The structure is located with and setback area. The structure q yard
approximately 15 feet in height to the midpoint of the gabled roof and thus
consistent with the height requirements.
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4. Lot Coverage.
No accessory building or detached garage or combination
thereof within a residential district shall occupy more than twenty -five (
�
percent of the area yard of the rear and except by approval of a conditional use
permit according to th e provisions of Section 401.03 and Section 401.15.0.13 of
this Ordinance.
is 3 600 square feet. The total area of the garage and the
The rear yard area q
playhouse (ifrelocated to that area) would be 540 square feet, thus occupying 15
percent of the rear lot area.
5. Number of structures No building p
' ermit shall be issued for the construction of
more than one (1) private garage e or storage structure for each detached single
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family dwelling, commercial, public industrial, ublic or institutional building except by
approval of a conditional permit use ermit according to the provisions of Section
401.03 and 401.15.0.13 of this Ordinance. Every detached single family
dwelling unit erected after the effective date of this Ordinance shall be so located
on the lot so tha t at least a two ( ) car garage, either attached or detached, can
be located on said lot.
` .. the garage and the wo accessory structures exist on the site th playhouse/tool
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shed. A conditional permit use ermit is required to allow the second accessory
structure.
g single Size. No accessory
building for sin le family dwellings or combination of
_
accessory buildings and detached a ry s shall exceed one thousand (1,000) 0
square feet of floor area, except by conditional use permit as provided for in
. exce p Y
Section 401.03 and Section 401.15.D.13 of this Ordinance.
The floo
r area of the two accessory buildings is 720 square feet.
or similar quality exterior material shall be used in the
� �. Compatibility. The same q Y principal accessory building and in
the rinci al building. All accessory buildings shall
also be compatible with the principal building on the lot.
The house and la houseltool shed are compatible in appearance.
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3
Accessory Building Conditional Use Permit criteria (Section 4O1.15.D.13).
Application for a conditional use permit under this sub - section shall be regulated by
pp
Section 401.03 of this Ordinance. Such a conditional use permit may be granted
provided that:
a. There is a demonstrated need and potential for continued use of the structure for
the purpose stated.
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layhouse /tool shed is a common accessory building for a single family
residential use.
b. In the case of residential uses, no commercial or home occupation activities are
conducted on the property.
No commercial or home occupation activities are conducted on the property.
c. The building has an evident re-use or function related to the principal use.
The accessory structure's function as a playhouse and tool shed are related to
the principal use of the property as a single family home.
d. Accessory building shall be maintained in a manner that is compatible with the
adjacent residential uses and does not present a hazard to public health, safety
and general welfare.
The house and playhouse /tool shed are compatible in appearance. The
Jry+Jry+�
la house /tool shed does not present a hazard to public health, safety, and
l five general welfare: although the structure was built five feet into property owned
by Northern States Power Company (XceI Energy), the company is willing to give
an Encroachment License Agreement.
e. The reductions of setback requirements is based upon a specific need or
circumstance which is unique to the property in question and which, if approved,
will not set a precedent which is contrary to the intent of this Ordinance.
The reduction of the required five foot side yard setback requirement is based
part on an error on the art of the homeowner and will not set a precedent that is
p
contrary to the intent of this Ordinance.
f. Existing property line drainage and utility easements are provided for and no
building will occur upon this reserved space unless approved in writing by the
easement holder.
There are no easements involved in this case. However, the accessory structure
is located on ro ert y owned by Northern States Power Company. The
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company has stated in writing that they are willing to give an Encroachment
License Agreement.
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The reduction will work toward the preservation of trees or unique physical
features of the lot or area.
There are no mature trees or unique physical features of the lot, such as
topography that are affected by this request.
h. If affecting a north lot line, the reduction will not restrict sun access from the
abutting lots.
NIA
The building height hei ht of an accessory building shall not exceed twenty -five (25)
� .
feet.
ry approximately accessory structure is a roximately 15 feet in height and thus consistent
with the height requirement.
Gesso buildings or detached garages or combination
Accessory thereof within a g
residential district shall not occupy more than thirty -five ( percent of the rear
yard.
The rear yard area is 3,600 square feet. The total area of the garage and the
�'
play house (ifrelocated to that area) would be 540 square feet, thus occupying 15
percent of the rear lot area.
The provisions of Section 401.O3.A.8 of the Th he ordinance shall be considered and a p i
determination made that the proposed activity is in compliance with such criteria.
The Cit y Council, the Plannin g Commission, and City staff shall have the
authority to request additional information from the applicant.
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City
Council & Planning Commission Considerations for Conditional Use Permits
( Section 401.03.A.7. The conditional use permit requests for two accessory
structures; tures; to locate the accessory structure within a side yard; and to locate it within a
side yard setback shall be reviewed against the following criteria (Section 401.O3.A.8).
Council and Planning Commission shall consider possible adverse effects of
The City Co g
the proposed conditional uses. Their judgment shall be based upon, but not limited to,
the following factors:
a. Relationship specific °onshi to the s ecific and provisions of the municipal
comprehensive plan.
b. The conformity with present and future land uses in the area.
c. The environmental issues and geographic area involved.
d. Whether the use will tend to or actually depreciate the area in which it is
proposed.
e. The impact on character of the surrounding area.
5
f. The demonstrated need for such use.
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Traffic generation by the use in relation to capabilities of streets serving the
property.
h. The upon act u on existing public services and facilities including parks, schools,
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streets, and utilities, and the City's service capacity.
i ■ The ro osed use's conformity with all performance standards contained herein
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(Le., parking, loading, noise, etc.).
The requests for two accessory structures; to locate the accessory structure within a
side yard; and to locate it within the side yard setback requirement of five feet should
not have a negative impact on the neighborhood, create a service capacity issue, or
intensify the use of the property.
CONCLUSION 1 RECOMMENDATION
City staff recommends that the three conditional use permit requests to locate the
accesso ry g buildin within a side yard; to locate it within the five foot side yard setback
requirement; and for two accessory structures be approved for the playhouse /tool shed
located at 15471 58 Street North, with the following conditions:
1. The applicant shall provide a signed copy of the Encroachment Licensing
Agreement from Northern States Power Company. Alt provisions of the
agreement shall be complied with by the applicant/property owner.
2. The applicant/property owner shall not make additions to the structure.
3. if the structure is destroyed by more than 50 percent of its value, it shall not be
replaced repaired laced unless brought into conformance with the Zoning Ordinance.
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6
EXHIBIT 1
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EXHIBIT 4
, Sep. 26. 2008 11:12AM
F O XcelEnergy
NORTHERN STATES
POWER
September 22, 2008
Doug Carblick
15471 58 St". N.
Oak Park Heights, MN
ENCROACHMENT REVIEW
• Playhouse/Shed, 15471 58 St. R, Oak Park Heights, MN
Project: Proposed Playhaus ,
Line 0801/0865
NE 114 NW 114, Sec. 3, T29, R20, Washington County
File: 2008.355
(1) Building on feel Energy property.
There shall be no p
ermanent or temporary building allowed on Xcel Energy grope
(2)
Page 1 of 2
414 N1COLLET M► `r ; wS
NiThINEAPO.Isr.:l N 51401
104f
Clearance to equipment and workers
' clearance of �� feet between the electrical conduct
For enexal information, a working 1
g equipment near the Xcel energy
d acent transmission line and any cranes or diggm,
a�}
cal proximity of workers must be maintained at a
and a clearance of 20 feet to the physi p �
In addition, any eonstruc�on near the transmissian line(s) shall comply with all OS
�
Clearances,
Dear Doug;
. at 15471 58
have reviewed the s ro s osed Pia house/Shed ed
Our Transmission Engineers
� 2008. Encraachxnent onto Xcel
encroachment request submitted September 18, 20
�tjwakr l N � �
property is not acceptable to Xcel Energy. ; • , Y#
SCOPE OF PROJECT.
. of a two story playhouse/shed with attached deck as s : � �:.on
This project consists of the construction o � P
p and as sketched on a property plan received by on
E�i��` �
' :
drawing 1 of 2 dated August 27, 2008
September 16, 2008.
. � e and adjacent to 15471 58
Any existing building or structure on Xcel Energy property {, � :
y g The proposed 1.�. l�ou.selshed will have nom, �
Oak Park Heights, MN shall be rerrroved9 Th p P . l� �' � ,
� � transmission lines, provided the bu���;�.g� � zs
impact on the operation of the Xcel Energy
private property adjacent to Xcel Energy property.
constructed. on P p p �
EXHIBIT 5
ef), 26. 1 UUd 11: IIVI
Page 2 of 2
9/26/2008
It is the express condition of this consent that all other terms and conditions of that certain :04
granted by Deed on June 19, 1964, and recorde<I as Document No 2373097 shall remain in full TA,and
•
effect.
Thank you for your courtesy and cooperation.
Sincerely,
O kiVuZii2A342.1 1 rYk— ,
Bonnie Anderson
Land Rights Agent
Sitrpg and Land Rights Dept.
612-330-6241
612473-9227 (fax)
bo nie. .anderson s xcelener .corn
?.4
co: Dave Berklund
Will Pim
Jim Butler
(0801/0865-NH-34700-4, Str. 5)
Receipt#: 91 599
AGR
Return to:
NORTHERN STATES POWER CO
414 NICOLLET MALL
MPLS Ml 65401
$as.00
The north 3 feet of fin east 14 feet of the west 80 feet of said Lot 5,
portion of the NSP Property is hereinafter called "Encroachment Area ".
The aforedescribed po e
p
3726019
Certified Filed and /or recouled on:
2118/2009 1:59 PM
3726019
Office of the County Recorder
Property Records 8 Taxpayer Services
Washington County, MN
Kevin .1 Corbid, County Recorder
ENCROACHMENT LICENSE AGREEMENT
this �f btr , 2008, between NORTHERN'
AGREEMENT made this /5 De T �3S � , F (hereinafter
STATES POWER COMPANY, a Minnesota corporation doing business as Xcel Energy
ST
called "NSP"), and Douglas P. Corblick, (hereinafter called "Licensee ").
WITNESSETH
WFIRTIE.464 Licensee is tb.e owner of the following described property (hp.reina pr Wald "Owned
Premises "):
Lots 6 and 7, Block 1, according to the plat thereof on file and of record in the office of
Oak Park,
the County Recorder, Washington County, Minnesota.
g
WHEREAS, NSP is the owner
of the following described property (hereinafter called ` NSP
Property") :
Lot 5, Block 1, C ak Par k, according to the plat thereof on file and of record in the office of the
County Recorder, Washington County, Minnesota.
��iT
�ER�A�s NSP owns, SP owns operates and maintains on said NSP Property, an electric transmission line.
Yv
W F R pp ��t�.5 s Licensee has constructed a Playhouse /Shed structure that encroaches on the NSP
.C'
Property.
NOW,
ARE for and in consideration of the covenants and agreements hereinafter
contained to be kept and performed, NSP and Licensee agree that:
1. NSP d oes hereby grant unto Licensee, its successors and assigns the right to encroach upon, occupy
Property
and to use, in the manner hereinafter specified, the portion of the NSP described in par 2
hereunder-
2, The right: 'of encroachment and use granted herein shall be limited to that part of the
occupancy p cy
aforedescribed NSP Property described as follows:
3. The rights of encroacnm.ent and the rights and licenses herein granted shall be limited to the use by
Licensee of the Encroachment Area for the purpose of constructing, maintaining and using thereon a 3
foot portion of a Playhouse /Shed building in the Encroachment Area only, at an elevation, nit to ecd
17 feet from the existin g ground elevation. Licensee agrees, that in the event the building is destroyed; no
park of a replacement building will be within the NSP Property. Licensee further agrees that no additions or
mprovernents shall be wade to the portion of the building that lies within the NSF property, Licensee
agrees, and it is an express condition upon which this right of encroachment is granted, that the structure
shall not be used for any purpose which creates, a hazard to NSP's power lines and facilities, and
specifically that there shall be no storage or use of petroleum or other products having volatile
characteristics or explosives therein. The provisions of this paragraph shall not apply to small amounts of
produucts stewed for normal household and yard nmabte ante,
4. Licensee accepts the Encroachment Area in its present condition without any promises, agreements
or obligations on the part of NSP to make any improvements or repairs thereon.
5. Licensee agrees to assume all liability and to indemnify and compensate NSP for any injury or
damage to persons or property, including NSP's property or employees, occasioned by, or arising in
connection with - the use of the EnCroaehment Area -by Licensee, its employees, customers or agents, and
Licensee further agrees to defend, indemnify and save NSP harmless against all actions, claims, damages,
or demands which may be brought or made against NSP by reason of anything done by Licensee, its
employees, Customers or agents, in the exercise or purported exercise of the lights, privileges and duties
herein granted.
6. Licensee. agrees to secure all necessary permits that may be required from municipal, state or
federal authorities to construct and operate its building in the Encroac Area.
7. As part of the consideration of this Agreement, Licensee expressly waives all right, claim or cause
of action which Licensee, its successors and assigns, may now er hereaftqr have against NSP, its
successors or assigns, s occasioned by or arising from any interference with radio, television, electronic,
computer, cathode ray tube, photographic, or other types of electronic or related equipment affected in
any manner by electrical or nmagn.etio fields, or any other communication transmission or reception in or
upon any portion of the Encroachment Area or in or upon any portion of said building or any injury,
illness or adyvrse health. effects whatsoever caused or Occasioned in any manner by the presence, or
operation of electric transmission lines and related facilities in and upon the NSP Property.
If, for any reason, Licensee shah riot peep and perform any and all of the covenants and agreements
contained herein, and should Licensee fail to correct the condition violated within. thirty (30) days after
receiving written notice to do so from NSP, the right of encroachment granted her, gin shall thereafter
automatically terminate without further act by NSP and Licensee shall surrender the Encroachment Area
to NSP in substantially its original condition.
9. Any implied or unwritten consent of NSP in any instance to any variation of the terms or conditions
of this Agreement shall not be deemed a waiver as to any breach. of covenant or condition herein
conta led - nor shall any waiver or modiflotion be claimed as to any provision of t14s Ag ement unless
the same shall be endorsed hereon by NSP. Failure of NSP to insist upon the strict performance of the
terms, covenants, agreements and conditions contained herein, or any of them, shall not constitute or be
construed as a waiver or relinquishment of NSP's right to thereafter enforce any such term, covenant,
agreement or condition, but the same shall continue in full force and effect.
10. It is agreed that the provisions and conditions of this Agreement shall bind and inure to the benefit
of the heirs, legal representatives, successors in interest and assigns of the respective parties hereto, and
Page 2 of 4
that these conditions and covenants shall specifically be deemed to run with the land known as Owned
Premises, as well.
11. All notices, demands and other communications required or permitted to be given pursuant to this
Agreement shall be in writing and shall be considered to have been duly given or served if sent by first-
class certified or registered mail return receipt requested, postage prepaid, to the party at its address set
forth below.
If to NSP, to:
If to Licensee, to: Douglas P. Corblick
15471 58 St. N.
Stillwater, MINT 55082
12. This Agreement is made and executed under the laws of Minnesota and is intended to be governed
by the laws of said State.
13. The unenforceability or invalidity of any provisions hereof shall not render any other provision or
provisions herein contained unenforceable or invalid.
WITNUS WIIEIDF, NSP and Licensee have owed this Agreement to be execnte4 as of the
day and year first above written,
STATE OF MINNESOTA )
ss.
coTJNrY OF HENNEPIN)
BONNIE J. ANDERSON
Notary pub���
... O
Mtnnasnta
My CommUian Explr#H January 31, 2014
Xcel Energy
Attn: Siting and Land Rights
414 Nicollet Mali, MP--8
Minneapolis, Minnesota 55401
NORTHERN STATES POWER COMPANY
By
Greg P, erIain, Director
Portfolio Delivery & Integration
Xcel Energy Services Inc.
Authorized Agent for Northern States Power Company,
a Minnesota corporation, d l bl a Xcel Energy
The foregoing instrument was acknowledged before me this A da .� y of . .
2009, b y Greg P. Chamberlain, Director, Portfolio Delivery 84 Integration, Xce1 Energy S . xviges Inc., as
Authorized APO for Nortb.ern States Power Comp an_y, a Minnesota Corp oration, dl bl a XP Pi Energy Qn
behalf of the corporation,
Page 3 of 4
STATE OF MINNESOTA
COUNTY OF (AgSh
The foregoing instr m' nt was ilokgow1 &1go4 bQforg in this
2008, by Douglas P. Corblick, , an unmarried person.
This instrument was drafted by: BAIDJF
Northern States Power Company
414 Nicollet Mall MP-8
Minneapolis, Minnesota 55401
2008.355
ss,
Page4of4
LICENSEE
By ..
Corbliok
t of_ tet.0,14 Lae( ,