The URL can be used to link to this page

Home My WebLink About2009-04-01 NAC Planning ReportRE: PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 1, 2009 FILE NO: 798.07 -- 09.01 BACKGROUND Attached for reference: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Exhibit 5: NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763 231 .2555 Facsimile: 763.231 .2561 planners@nacplanning.com Oak Park Heights — Doug Corblick, 1 5471 58 Street North — Conditional Use Permit for Side Yard Setback; Building Location; and Two Accessory Structures Doug Corblick of 15471 58 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 a playhouse/tool shed within the side yard setback area of his lot and partially within property 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 property is zoned R-1, Single Family Residential. As you are aware, the City Council approved amendments to Section 401.15.D, Accessory Buildings, Uses and Equipment to allow flexibility through conditional use permit versus variance review. The changes that were approved eliminated the need for the variances requested by Mr. Corblick. The conditional use permit process, instead, shall be utilized to address the setback and building location issues. Therefore, Mr. Corblick is now being considered for three conditional use permits to locate the accessory building within a side yard; to locate it within the five foot side yard setback requirement; and for two accessory 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 -10 inch by 11 foot by 10 inch two story accessory building within the side yard setback area and approximately five feet into property owned by Northern States Power Company. The 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 density residential use. Single family homes and related accessory buildings are consistent with this land use type. Zoning. The property 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 lines 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 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 according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. The playhouse /tool shed is located in a side yard. A CUP is required to allow this 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 (5) 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 written approval is obtained from the easement holder. Accessory building height may be increased an additional five (5) feet with approval of the Building Official to match roof pitch or style of a principle structure. The setback and height requirements under this provision may be 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. The structure is located within the required side yard setback area. The structure is approximately 15 feet in height to the midpoint of the gabled roof and thus consistent with the height requirements. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty -five (25) percent of the area of the rear yard except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. The rear yard area is 3,600 square feet. The total area of the garage and the playhouse (if relocated to that area) would be 540 square feet, thus occupying 15 percent of the rear lot area. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.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 that at least a two (2) car garage, either attached or detached, can be located on said lot. Two accessory structures exist on the site - the garage and the playhouse/tool shed. A conditional use permit is required to allow the second accessory structure. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand (1,000) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. The floor area of the two accessory buildings is 720 square feet. 11. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. The house and playhouseltool shed are compatible in appearance. 3 Accessory Building Conditional Use Permit Criteria (Section 401.15.D.13). Application for a conditional use permit under this sub - section shall be regulated by 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. A playhouseltool 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 playhouseltool shed are compatible in appearance. The playhouseltool shed does not present a hazard to public health, safety, and general welfare: although the structure was built five feet into property owned by Northern States Power Company (Xcel Energy), the company is willing to give an Encroachment License Agreement. 0. 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 upon an error on the part of the homeowner and will not set a precedent that is 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 property owned by Northern States Power Company. The company has stated in writing that they are willing to give an Encroachment License Agreement. 4 g 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 i. The building height of an accessory building shall not exceed twenty -five ( feet. The accessory structure is approximately 15 feet in height and thus consistent with the height requirement. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty -five (35) percent of the rear yard. The rear yard area is 3,600 square feet. The total area of the garage and the playhouse (ifrelocated to that area) would be 540 square feet, thus occupying 15 percent of the rear lot area. k. The provisions of Section 401.03.A.8 of the Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. The City Council, the Planning Commission, and City staff shall have the authority to request additional information from the applicant. City Council & Planning Commission Considerations for Conditional Use Permits (Section 401.03.A.7). The conditional use permit requests for two accessory structures; 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 401.03.A.8). The City Council and Planning Commission shall consider possible adverse effects of the proposed conditional uses. Their judgment shall be 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 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. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. �. The proposed use's conformity with all performance standards contained herein (i.e., 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 accessory building 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. 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. 6 1 1 1 1 1 1 1 1 50 1 1 1 1 1 1 1 � .......:.. . ......... . 14 AA`35'D a 0.0 1� 1 1 0 1 1 1 1 1 1 NTERNATIONAL PIPE TRADES JOINT TRAINING COIVIMI1TEE INC. 1 - i T ON ONINWEJC 31da I NM ■ 111 • • .111.1 li NM MOM I 10111 ME ME MEM MI IMMOMMOMI II MEMENEMM M • =I IMMO MINIMMI MN WO IMMEMMINIMPW MIMI II mu EMOMMilmm MMESIMMENIMM MV MOM II F I 11111M111111111111111 { I II I 1 1 111111111!!!!!!MILE 1 1 a II _mu i _ - r m a w 1. sammimmillIsmif 1 orr..... IIIII Iiiiiirioll ' 1 R 1 � 41 1111 1 P I I r t 1• . a_ -- 111 M 1-1 : . ' q -, 1 i 1 r' mimmummomm 40ammisTAmml 1111WdErstel 0.12MoMmm ... MA. mow oursimiin mm. impo 1 ENE e Mk I IMMINI A ri 1 1 III 4% p, 1---- -i---- ------ -- mmammeft I- f - J rifflaq WINOM KW 'IMI- _J IM trairareall Ilrour 1 kmuma - • IM M - I i 1 L_____„_ L 4- - - - - --- .. - _ ____ __.1.._. deilna ' , t , L ...._.. - mamma 116 - .: • t r A I , , - - ....____L mow 1 .,. Irma! 01. Num_ _1.1 , . . . . f r � mmi II mcmitir.s. 1111111011111111§milk 11111,711 humel-ro NINOTPII Effill ' 2 1 ; A - a. pvid E V n L r a riA111111747201, k EP 1 einimMEMINIMMEMNOW , NM pAmpailliiiiiiibm 2 hil ini a proi dl i e s 1 RN I !IN---- IN IN • 5( Ink - ISlimullic, Ell mrskek , _OM .419 Aga E. '. I 'i plimimilitiiiiiiitimerg 1 h 1 I I r i... i iimmemommimownwrilkr.....4 t m • 1m Atummumilmm masmoimumulmilminsat I 1p. . - 0 . 11 1 . 1 ."" - I 4 L j L - t F t I L_ dEMEMUMMMMEW ,_ NTERNATIONAL PIPE TRADES JOINT TRAINING COIVIMI1TEE INC. Sep 26. 2008 11: 12AM t XcelEnergy NORTHERN STATES POWER September 22, 2008 Doug Carblick 15471 58 Sir. N. Oak Park Heights, MN ENCROACHMENT REVIEW Project: Proposed Playhouse/Shed, Pro osed Pla house /Shed, 15471 58 Str. N., Oak Park Weights, MN Line 0801/0865 NE 114 NW I !4, Sec. 3, T29, R20, Washington County File: 2008.355 Dear Doug; (1) (Z) Building ors Xcel Energy proper. There shall be no p ermanent or temporary building allowed on Xcel Energy prope Clearance to equipment and workers Page 1 of 2 No. 44Ob {'' 414 NICOLI.ET M, -S IviNNEAPQLIS 01 • 20 feet between the electrical conductor For general information, a working clearanc of g equipment adjacent transmission line and any cranes or ggin near the Xcel energy and a clearance of P y P 20 feet to the physical proximity of workers must be maintained at all wL . , near the transmission line(s) shall comply with all OS �W In addition, any Const�ruCt�Dn n Clearances. . �►` reviewed the ra ased Pia hauselShed at 15471 58 Our Transmission En have revx . gt uest submitted Se tember 18, 2008. Encroachment onto Xcel Ver' y s Sfall11�N encroachmen req P is acceptable property operty i not tabl e to Xcel Energy. :R! p SCOPE OF PROJECT. • of a two story playhouse/shed with attached deck as s�� on This project consists of the construction � P y � ; e .: , t 27, 2008 and as sketched on a pr operty p lan received by Xcel Eno y on of 2 dated A.0 s � drawing 1 � l ��f� September 16, 2008. . � � cal Energy property and adjacent to 15471 58th ..� ��N'., Any existing building or structure on gy P p ed playhouse/shed will have nv��a.s� se Oak Park Heights, MN shall be removed. The proposed p y ,. . impact of the Xcel Energy transmission ..lines, provided the bu 4g • is �rnpact on the operation � constructed on private property adjacent to )(Gel Energy's property. Sep, 26. 2008 11.12AM Page 2 of 2 9/26/2008 Thank you for your courtesy and cooperation. Sincerely, Ca Bonnie Anderson Land Rights Agent Siting and Land Rights Dept. 612-330-6241 612-573-9227 (fax) bonnie.'.anderson • xcelener .corn cc: Dave B erklund Will Pim Jim Butler (080110865 -NH- 34704 -4, Str. 5) condition of this consent that all other terms and conditions of that certain a eineent It is the express con granted by Deed on June 19, 1964, .:- and recorded as Document No. 2373097 shall remain in full force and i =r effect. Receipt#: 91 599 AGR $48,00 Return to: NORTHERN STATES POWER co 414 N IGOLLET MALL MPLS MN 55401 WITNESSETH 3726019 Certified Filed andior recorded on: 2/18/2009 1:59 PM 3726019 Office of the County Recorder Property Records & Taxpayer Services Washington County, MN Kevin J Cor hid, County Recorder ENCROACHMENT LICENSE AGREEMENT EEMENT this /5 y a im-r 2008, between NORTHERN TES AGREEMENT, made the of STATES POWER COMPANY, a Minnesota corporation doing business as )(eel Energy (hereinafter called "NSP "), and Douglas P. Corblick, (hereinafter called "Licensee'). WHEREAS, Licensee is the owner of the following described property (hereinafter called "Owned. Premises "): Lots 6 and 7, Block 1, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. WHEREAS, NSP is the owner of the following described property (hereinafter called "NSP , Property 77 ): Lot 5, Block 1, Oak Park, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. WHEREAS, NSP owns, operates and maintains on said NSP Property, an electric transmission line. AREAS, Licensee has constructed a Playhouse /Shed structure that encroaches on the NSP Property. NOW, THEREFORE, for and in consideration of the covenants and agreements hereinafter contained to be kept and performed, NSP and Licensee agree that: 1. NSP does hereby grant unto Licensee, its successors and assigns the right to encroach upon, occupy and to use, in the manner hereinafter specified, the portion of the NSP Property described in paragraph 2 hereunder. 2. The right of encroachment, occupancy and use granted herein shall be limited to that part of the aforedescribed NSP Property described as follows: The n o r t h 3 f e e t of t h e east 14 f e e t of t h e west so f e e t of said Lot . . The aforedescribed portion of the NSP Property is hereinafter called "Encroachment Area ". 3. The rights of encroacmnent 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, not to eXGeed 17 feet from the existing ground elevation. Licensee agrees, that in the event the building is destroyed; no part of a replacement building will be within the NSP Property. Licensee further agrees that no additions or i mprovements shall be made 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 g ranted, 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 products. stored for normal household and yard maintenance, 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 oorapensate 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 Encroachment 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 rights, 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 Wilding in the incroachment Area. 7. As part of the consideration of this Agreement, Lioensee expressly waives all right, claim or cause of action which Licensee, its successors and assigns, may now or hereafter have against NSP, its successors or assigns, 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 magnetic 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 adverse health effects whatsoever caused or occa.sionod in any manner by the presence, or operation of electric transmission lines and related facilities in and upon the NSP Property. 8. If, for any reason., Licensee shall not keep and perform any and all of the covenants and agreements contained herein, and should Licensee fail to correct the condition violated within thirty (3 0) days after receiving written notice to do so from NSP, the right of encroachment granted herein 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 contained nor shall any waiver or modification be claimed as to any provision of this Agreement unless ess 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 ESP'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: Xcel Energy Attn: Siting and Land Rights 414 Nicollet Mall, MP-8 Minneapolis, Minnesota 55401 Douglas P. Corblick 15471 58 St. N. Stillwater, MN 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. IN WITNESS WHEREOF, NSP and Licensee have caused this Agreement to be executed as of the day and year first above written. BONNIE J. ANDERSON ;.. Notary Public Minnesota My Commta*Ion Expires January 31, 2014 NORTHERN STJU ES POWER COMPANY By Notary Public Page 3 of 4 Greg P, i amberlain, Director Portfolio Delivery & Integration Xcel Energy Services Inc. Authorized Agent for Northern States Power Company, a Minnesota corporation, dlbla Xcel Energy STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this 0 of 2009, by Greg P. Chamberlain, Director, Portfolio Delivery & Integration, Xcel Energy S rvices Inc., as Authorized Agent for Northern States Power Company, a Minnesota corporation, d I bl a Xcel Energy on behalf of the corporation. STATE OF MINNESOTA COUNTY OF 'fen ) ss. The faregaing instrument was aeknow edged before n1e this 2008, by Douglas P. Corblick„ an unmarried person. JENNIFER M. PINSKI NOTARY PUBLIC - MINNESOTA My Common Expo Jan. 31, 2012 This instrument was drafted by: BA/MI` Northern Mates Power Company 414 Nicollet Mali MT Mhmeapolis, Minnesota. 55401 2008.3 55 Page 4 of 4 LICENSEE By Doug la " ; Corblick j;iLY Qf Ltwt L'(Y