HomeMy WebLinkAbout2005-07-26 CC Meeting Packet EnclosureMeeting Date July 26 2005 w
Agenda Item Title: Ron Gullickson — Conditional Use Permit (CUP) - 5480 Stagecoach Trail
Time:
10 Minutes
Agenda Placement New Business
Originating Department/Re
Requester's Signature
Action Requeste s Consider C
Oak Park Heights
Request for Council Action
: I:d1 son Ci, t,ty
request
Please see attached from Scott Richards
Background/Justification (Please ndicate if any previous action has been taken or if other public
bodies have advised):
1. Planning Report (please see your July Planning Commission packet for maps and
exhibits)
2. Planning Commission Resolution
3. City Council Resolution
BACKGROUND
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Exhibit 1:
Exhibit J:
Exhibit K:
Exhibit L:
Exhibit M:
Exhibit N:
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, sure 202, Golden Valley, MN 55422
Telephone: 783.231.2555 Facsimile: 763.231. 561 planners@nacplanning.com
PLANNING REPORT
TO: Eric Johnson
FROM: Ann Kluessendorf / Scott Richards
DATE: July 0, 2005
RE: Oak Park Heights -- Ronald Gullickson Property: 5480 Stagecoach
Trail North
FILE NO: 780.02 - 05.04
Ronald Cullickson of 5480 Stagecoach Trail North has requested to expand his non-
conforming three unit dwelling to a lawful conforming four unit dwelling. This change
will require a conditional use permit for the expansion.
Project narrative
Site location
Site location aerial
xcel Energy letter
East elevation
North elevation
West elevation
North addition third floor plan
North addition second floor plan
Garage stall floor plan
Additional elevations
Site plan
City of Oak Park Heights Building Official letter
City of Oak Park Heights Arborist letter
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2
ISSUES ANALYSIS
Comprehensive Plan
Oak Park Heights Land Use Plan designates the subject site as Highway
BusinesslWarehouse designation. The City should review this area and determine if
the land use is appropriate for the existing residential uses.
Zoning
The subject site is zoned R-2 (Low & Medium Density Residential). Within this district, a
multiple family dwelling structure of not more than four (4) units may be allowed through
a conditional use permit.
Conditional Use Permit
The existing dwelling consists of three units of the following proportions:
Unit 1:
Unit2:
Unit 3:
Three (3) bedrooms, one (1) bath and attached garage space
Three (3) bedrooms, one (1) bath
One (1) bedroom and one (1) bath
According to submitted application materials, the expansion of the existing structure
would add an additional one (1) unit, one (1) room to Unit #2 and one (1) room to Unit
#3, and four (4) garage stalls This expansion would be two stories in height. The
applicant has not indicated the proposed uses of these additional rooms or the
approximate additional square footage of floor area.
The City Building Official and the MN State Building Code and Standards Division plan
reviewer have reviewed the submitted material and stipulate as a requirement that the
structure be brought up to current code standards.
The applicant has applied for a conditional use permit to allow the structure as a lawful
four unit multiple family dwelling in accordance with Section 401.26.E. That section of
the Ordinance provides the following conditions for review:
3) Multiple family dwelling structures of not more than four (4) units, provided that:
a. The proposed site contains at least three thousand five hundred (3,500)
square feet per dwelling unit.
With the purchase of the xcel Energy parcel to the north, totaling seven
thousand five hundred and seventy five (7,57'5) additional square feet, the
subject site shall be approximately twenty five thousand, eight hundred
and eighty five (25,885) square feet. This would accommodate six
thousand, four hundred and seventy one (6,471) square feet per unit.
Applicant meets this criterion.
b. The proposed site is located adjacent to a collector or minor arterial street.
3
Subject site is located adjacent to Stagecoach Trail, an Oak Park Heights
collector street. Applicant meets this criterion.
0. At least one (1) garage space is provided for each dwelling unit.
Four (4) garage spaces are proposed for four (4) units. An additional one
(1) outdoor space is required for each unit. Applicant shall provide a plan
depicting these four (4) outdoor spaces.
d. The proposed site is landscaped and screened with planting materials in
compliance with Section 401.15.E. of this Ordinance.
As a condition of approval, the applicant must provide a landscape plan
that demonstrates locations, type, and diameter of all existing and
proposed landscape plantings and screening. Plan is subject to review
and approval by the City Arborist.
e. The proposed structure design is reasonably compatible with its low
density residential environment, as determined by the City Council.
The structure is consistent with the existing architecture of a single family
home as well as its surrounding context of other single family homes. The
applicant meets this criterion. Residential multiple family structures do not
require design guideline review.
f. The provisions of Section 401.03.A.3. of this Ordinance are considered
and satisfactorily met.
In general, the proposed plan meets provisions of this ordinance.
ACTION REQUESTED
Following a public hearing, the Planning Commission may consider one of the following
actions:
Conditional Use Permit
1. Approval of the CUP, based on a finding that the proposed addition is
consistent with the requirements of Section 401.26 E and 401.03.
2. Denial of the CUP, based on a finding that the proposed addition is
inconsistent with requirements of Section 401.26 E and 401.03.
STAFF RECOMMENDATIONS
4
Planning staff recommends approval of the CUP. The expansion appears to be
consistent with the City's regulations relating to such structures. This recommendation
would include the following conditions:
1) Proposed uses of additional rooms, approximate additional square footage of
floor area, and (4) outdoor garage space locations are submitted.
2) New addition is compliant with MN State Building Code and Standards Division
per section 1 305.003 E '1, regarding fire sprinkler systems and MN Building
Conservation Code per section 104.
3) Wall and floor plan is submitted and subject to Building official Approval.
4) Location of the expansion meets R -2 standards for setbacks. Permission must
be granted from adjoining property owner to the north to construct retaining wall
and driveway less than five (5) feet from property line.
5) Expansion construction is consistent with the architecture and materials of the
existing home.
6) Landscape plan is subject to City Arborist approval. Plan must include
demarcation of screening /plantings in accordance with Section 401.15.E.
7) Purchase agreement is submitted from xcel Energy for the parcel acquisition of
seven thousand five hundred and seventy five (7',575) square feet.
8) Grading & drainage plan is submitted and subject to approval of City Engineer
and the Middle St. Croix Watershed District.
9) Utility plan is submitted and subject to approval of City Engineer and Public
Works Director.
10) Construction and occupancy must be complete within nine (9) months of City
Council conditional use permit approval.
5
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY RONALD GULLICKSON FOR A CONDITIONAL USE
PERMIT TO EXPAND HIS NON - CONFORMING THREE UNIT
DWELLING TO A LAWFUL FOUR UNIT DWELLING AT 5480
STAGECOACH TRAIL NORTH
SHOULD BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Ronald
Gullickson for a conditional use permit to expand his non - conforming three unit dwelling to a
lawful four unit dwelling at 5480 Stagecoach Trail 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
2. The applicant has submitted an application and supporting
documentation to the Community Development Department consisting of the following items:
and
and
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
SEE ATTACHMENT B
3. The subject site is zoned R -2, Low and Medium Density Residential in
which multiple family structures of not more than four units may be allowed through a
conditional use permit; and
4. City staff prepared a planning report dated July 6, 2005 reviewing the
applications; and
5. Said report recommended that the application be approved subject to the
fulfillment of conditions; and
6. The Planning Commission held a public hearing at their July 14, 2005
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 Ronald Gullickson for a conditional use permit to expand
his non -- conforming three unit dwelling to a lawful four unit dwelling at 5480 Stagecoach Trail
North and affecting the real property as follows:
SEE ATTACHMENT A
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) Proposed uses of additional rooms and approximate additional square footage of floor
area are submitted.
2) New addition and existing structure shall be made compliant with MN State Building
Code and Standards Division per section 1306.003 E 1, regarding fire sprinkler systems
and MN Building Conservation Code per section 104 as required by the Building
Official.
3) Wall and floor plan is submitted and subject to Building Official Approval.
4) Location of the expansion meets R -2 standards for setbacks. Permission must be granted
from adjoining property owner to the north to construct retaining wall and driveway less
than five (5) feet from property line.
5) Expansion construction is consistent with the architecture and materials of the existing
home.
6) Landscape plan is subject to City Arborist approval. Plan must include demarcation of
screening /plantings in accordance with Section 401.15.E.
7) Purchase agreement is submitted from Xcel Energy for the parcel acquisition of seven
thousand five hundred and seventy five (7,575) square feet.
8) Grading & drainage plan is submitted and subject to approval of City Engineer and the
Middle St. Croix Watershed District.
9) Utility plan is submitted and subject to approval of City Engineer and Public Works
Director.
2
10) Construction and occupancy must be complete within nine (9) months of City Council
conditional use permit approval.
11) No work may commence until all real estate parcels /lots are legally joined through the
City's minor subdivision process into one unified tax parcel. This process requires the
submission of a certified survey depicting the current and final property lines and final
legal description.
12) A site plan shall be submitted indicating location of at least four outdoor parking spaces,
in compliance with the Zoning Ordinance, subject to review and approval of City staff.
Recommended by the Planning Commission of the City of Oak Park Heights this loth
day of July 2005.
ATTEST:
Eric A. Johnson, City Administrator
Mike Runk, Chair
3
Legal Description:
Attachment A
Washington County GEO Code: 03.29.20.31.0007
All that part of the N E 1 /4 of the SW IA and all that part of the NW1 /4 of the
SE 1 M4, all in Section 3, Township 29 North, Range 20 West, Washington County,
Minnesota, more particularly described as follows, to -wit: Commencing at the
center of Section 3, Township29 North, Range 20 West, Washington County,
Minnesota, thence Westerly along the Northerly line of said NE1 /4 of SW1 /4 on
an assumed bearing of 8 888 degrees 47'08 "W (Rec. S88degrees30'W) for 10
rods (105 feet); thence S 2 degrees 1321"E (Rec. SI 1/2degreegsW) and
parallel with the East line of said N E 114 of SW 114 for 72.00 feet; thence N 88
degrees 47'08 "E for 245.55 feet to the Westerly line of Stagecoach Trail North
(formerly Stillwater and Point Douglas Road); thence N 13 degrees 46'08"E
along said Westerly line of Stagecoach Trail No. for 74.52 feet to the North line of
said NW114 of SE1 /4; thence S 88 degrees 47'08 "W along said Northerly line
NWI /4 of SE1 /4 for 1 01.08 feet to the point of beginning.
Physical Address: 5480 Stagecoach Trail, N.
Required Approvals: CUP
City Council 4/5
ATTACHMENT B
Conditional Use Permit
Ron Gullickson- 4 -plea Residential Dwelling in R -2 Zoning District
( 5480 Stagecoach Trail, N.)
Application Materials
O Application Form
O Fees
e Plan Sets (3 Large Scale Sets /20 11X17 Sets)
O Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'/l 50' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statement(s)/Legal Description (s)
Conference With City Staff Upon Application Submittal: June 29, 2005
Planning Commission Public Hearing & Recommendation: July '14, 2005
Conditional Use Permit - 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, structure, addition or alteration, or
use requested as part of the conditional use. An application to extend the approval of a
conditional use permit shall be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (401.03.C.4.a and b)
and
RESOLUTION NO.
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISFIING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY RONALD GULLICKSON FOR A CONDITIONAL USE
PERMIT TO EXPAND HIS NON - CONFORMING THREE UNIT
DWELLING TO A LAWFUL FOUR UNIT DWELLING AT 5480
STAGECOACH TRAIL NORTH
BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Ronald
Gullickson for a conditional use permit to expand his non-conforming three unit dwelling to a
lawful four unit dwelling at 5480 Stagecoach Trail North; and after having conducted a public
relative thereto, the Planning Commission of Oak Park Heights recommended that the
request be approved with conditions. The City Council makes the following findings of fact and
resolution:
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 site is zoned R-2, Low and Medium Density Residential in
which multiple family structures of not more than four units may be allowed through a
conditional use permit; and
4. City staff prepared a planning report dated July 6, 2005 reviewing the
applications; and
5. Said report recommended that the application be approved subject to the
fulfillment of conditions; and
6. The Planning Commission held a public hearing at their July 14, 2005
meeting, took comments from the applicants and public, closed the public hearing, and
recommended that the request be approved with 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 Ronald Gullickson for a conditional use permit to expand
his non - conforming three unit dwelling to a lawful four unit dwelling at 5480 Stagecoach Trail
North and affecting the real property as follows:
SEE ATTACHMENT A
Be and the same as hereby approved by the City Council of the City of Oak Park Heights subject
to the following conditions:
1) Proposed uses of additional rooms and approximate additional square footage of floor
area are submitted.
2) New addition and existing structure shall be made compliant with MN State Building
Code and Standards Division per section 1306.003 E 1, regarding fire sprinkler systems
and MN Building Conservation Code per section 104 as required by the Building
Official.
3) Wall and floor plan is submitted and subject to Building Official Approval.
4) Location of the expansion meets R-2 standards for setbacks. Permission must be granted
from adjoining property owner to the north to construct retaining wall and driveway less
than five (5) feet from property line.
5) Expansion construction is consistent with the architecture and materials of the existing
home.
6) Landscape plan is subject to City Arborist approval. Plan must include demarcation of
screening /plantings in accordance with Section 401.15.E.
7) Purchase agreement is submitted from Xcel Energy for the parcel acquisition of seven
thousand five hundred and seventy five (7,575) square feet.
8) Grading & drainage plan is submitted and subject to approval of City Engineer and the
Middle St. Croix Watershed District.
9 ) Utility plan is submitted and subject to approval of City Engineer and Public Works
Director.
2
10) Construction and occupancy must be complete within nine (9) months of City Council
conditional use permit approval.
11) No work may commence until all real estate parcels /lots are legally joined through the
City's minor subdivision process into one unified tax parcel. This process requires the
submission of a certified survey depicting the current and final property lines and final
legal description.
12) A site plan shall be submitted indicating location of at least four outdoor parking spaces,
in compliance with the Zoning Ordinance, subject to review and approval of City staff.
ATTEST:
Approved by the City Council of the City of oak Park Heights this 26th day of July 2005.
Eric A. Johnson, City Administrator
David Beaudet, Mayor
3
Legal Description:
Attachment A
Washington County GEO Code: 03.29.20.31.0007
All that part of the N EI /4 of the SW % and all that part of the NWI/4 of the
S E 114, all in Section 3, Township 29 North, Range 20 West, Washington County,
Minnesota, more particularly described as follows, to -wit: Commencing at the
center of Section 3, Township29 North, Range 20 West, Washington County,
Minnesota, thence Westerly along the Northerly tine of said N E 1 /4 of SW 1 /4 on
an assumed bearing of S 888 degrees 47'08 "W (Rec. S88degrees30'W) for 10
rods (165 feet); thence S 2 degrees 13'21"E (Rec. SI 112deg reegsW) and
parallel with the East line of said NE1 /4 of SW114 for 72.00 feet; thence N 88
degrees 47'08 "E for 245.55 feet to the Westerly line of Stagecoach Trait North
(formerly Stillwater and Point Douglas Road); thence N 13 degrees 46'08 "E
along said Westerly line of Stagecoach Trail No. for 74.52 feet to the North line of
said NW114 of SE114; thence S 88 degrees 47'08 "W along said Northerly line
NWI/4 of SEIM4 for 1 01.08 feet to the point of beginning.
Physical Address: 5480 Stagecoach Trait, N.
Required Approvals: CUP
City Council 4/5
ATTACHMENT B
Conditional Use Permit
Ron Gullickson- 4 -plex Residential Dwelling in R -2 Zoning District
( 5480 Stagecoach Trail, N.)
Application Materials
• Application Form
• Fees
• Plan Sets (3 Large Scale Sets /20 11X17 Sets)
• Written Narrative and Graphic Materials Explaining Proposal
• Mailing List from Washington County (350'1150' from subject property)
• Proof of Ownership or Authorization to Proceed
• Property Tax Statements }/Legal Description(s)
Conference With City Staff Upon Application Submittal: June 29, 2005
Planning Commission Public Hearing & Recommendation: July 14, 2005
Conditional Use Permit - 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, structure, addition or alteration, or
use requested as part of the conditional use. An application to extend the approval of a
conditional use permit shall be submitted to the Zoning Administrator not less than thirty
(30) days before the expiration of said approval. (401 .O3.C4a and b)