The URL can be used to link to this page

Home My WebLink About2006-12-29 Fully Executed CUP DocumentFile No.: 798.02 -06.01 Date Issued: December 29, 2006 Legal Description: (Washington County Geo. Code 34.030.20.32.0035) "LOTS TWENTY -EIGHT (28), TWENTY -NINE (29) AND THIRTY (30), EXCEPT THE NORTH 33.10 FEET OF LOTS TWENTY -EIGHT (28), TWENTY -NINE (29) AND THIRTY (30), BLOCK TWO (2), MCKENTY'S ADDITION TO STILLWATER ACCORDING TO THE RECORDED PLAT THEREOF." Owner: David A. Katt CITY OF OAK PARK HEIGHTS CONDITIONAL USE PERMIT For DAVID A. KOTT 15118 -64 STREET NORTH OAK PARK HEIGHTS MINNESOTA Address: 15118 -64 Street North, Oak Park Heights, Minnesota 55082 Site Address: same Present Zoning District: R-2, Low to Medium Density Residential District Permitted uses set forth in Ordinance 401 Section 401.15 D I. CONllITIONAL USE PEI2NIIT:_Allowing a 220 square foot addition to the present attached garage structure to accommodate handicapped access improvements thereby exceeding the established 1000 square foot requirement; allowing reduction of the established 30 foot front yard setback requirement from the South property line (64"' Street) and allowing reduction of the established 30 foot setback requirement of 30 feet from the East property line (Paris Avenue). Total finished square footage under the building plans will be 1469 square feet in all accessory buildings combined. The garage addition will be set back 22.5 feet from 64 street and 18.0 feet from Paris Avenue. All uses shall be subject to the following conditions and/or restrictions imposed by Resolution 0 6 ° /2 — of the City Council of the City of Oak Park Heights as follows: 1. The addition shall be constructed according to the plans submitted. 2. A Building Permit shall be required before construction begins. III. Reference Attachment: The reports of the City Planner dated December 6, 2006 and site plan approved by the City Council are annexed hereto by reference. IV. 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 Date: Date: IN WITNESS WHEREOF, the parties have set forth their hands and seals. Date: By E • Johnson c• Administrator David A. Kott EXHIBIT "A" LEGAL DESCRIPTION Washington County GEC] Code: 34.030.20.32.0035 Legal Description: Part of Lots 28, 29 & 30, except the North 33.10 feet of Block 2, McKenty's Addition to Stillwater EXHIBIT "13" PLANTERS REPORT AND SITE PLANS BACKGROUND Attached for reference: Exhibit A: Exhibit B: NORTHWEST ASSOCIATED CONSULTANTS, INC. Site Plan Colored Aerial Photograph ENC4..0SU 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 753.231.2555 Facsimile: 763.231.2551 planners@nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Carie Fuhrman /Scott Richards DATE: December 6, 2006 RE: Oak Park Heights —Kott Conditional Use Permit: 15118 64th Street North NAC FILE: 798.07 -06.01 David Kott is requesting a conditional use permit for the property located at 15118 64th Street North. The conditional use permit would allow the construction of a 220 square foot addition (22' by 10') onto an attached garage to be located within the required 30 foot setback of the two front yards of the corner parcel in the R -2 Zoning District, Low and Medium Density Residential District. Essentially, three conditional use permits are necessary: (1) to exceed the total square footage requirement (1,000 square feet) for attached and detached accessory buildings; (2) to reduce the front yard setback requirement of 30 ft. from the south property line (64th Street); and (3) to reduce the front yard setback requirement of 30 ft. from the east property line (Paris Avenue). The subject property currently contains a dwelling with an attached garage, a freestanding deck, and a detached garage. Some existing features of the property are considered legal, non - conforming already, such as certain setbacks and the accessory building sizes. The applicant is requesting an addition onto the existing attached garage in order to make the home disability accessible by placing a chair lift in the garage and yet have adequate space for parking a van. ANALYSIS Accessory Structure Size. The applicant is proposing an addition on the east side of the existing attached garage. The following table illustrates the existing, proposed, and allowed square footages of the accessory buildings on the property: Existing Existing Total Proposed Proposed Allowed Detached Attached Existing Addition to Total Total Garage Garage Area Garage Area Area 952 sq. ft. + 297 sq. ft. = 1 ,249 sq. ft. + 220 sq. ft = 1 ,469 sq. ft. > 1 ,699 sq. ft. (34'x28') (13.5'x22') (10 As the table illustrates, the proposed total area of the accessory structures is 1 ,409 square feet, which exceeds the allowed 1 ,000 square feet. According to the Zoning Ordinance Section 401.15.D. 6 of the Zoning Ordinance, the total area of attached and detached accessory buildings cannot exceed 1 ,000 square feet, except by conditional use permit as provided for in Section 401.03 (see below) and Section 401.15.D.13 (see below). The square footage of the existing accessory structures already exceeds the requirement of 1 ,000 square feet, and the proposed addition would only be increasing the area by 220 square feet. Setbacks. The parcel is located at the corner of 64th Street and Paris Avenue; the refore, two front yard setbacks will be enforced. According to Section 401.15.C.1.d of the Zoning Ordinance, the front yard setback requirement in the R-2 Zoning District is 30 feet, but a required yard on a lot may be reduced by a conditional use permit (401.15.C.5). As it exists, the house and attached garage are already non - conforming regarding the front yard setbacks. The existing attached garage is approximately 22.5 feet from the front yard of 64th Street (south property line). The proposed addition will not encroach any further onto this setback. The existing attached garage is approximately 28 feet from the front yard of Paris Avenue (east property line). The proposed addition will be located approximately 18 feet from the front property line. However, the proposed addition will not encroach any further than the existing detached garage encroaches onto the front yard setback. (Please note that the submitted site plan appears to indicate setbacks to the curbs of 64th Street North and Paris Avenue and not to the property lines. Staff has estimated the setbacks to the property lines using the scale submitted on the colored aerial photograph.) CONDITIONAL USE PERMIT CRITERIA Accessory Structure Size Increase. Section 401.15.D.13 of the Zoning Ordinance states that conditional use permit applications under this subsection may be granted provided that: 2 a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. b. In the case of residential uses, 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. 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. e. The provisions of Section 401.03.A.8. of this Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. Setback Reductions. Section 401.15.0.5 of the Zoning Ordinance states that a required yard on a lot may be reduced by a conditional use permit if the following conditions are met: a) The reduction 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. b) Property line drainage and utility easements as required by the City's Subdivision Ordinance are provided and no building will occur upon this reserved space. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. d) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.B.6 of this Ordinance. f� The conditions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. General Criteria. Section 401.03.A.7 of the Zoning Ordinance states the City council and Planning Commission shall consider the possible adverse effects of the proposed conditional use, and their judgment shall be based upon the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future and 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. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. 3 h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 1 The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.) CONCLUSION/RECOMMENDATION Staff supports the conditional use permit request for the following reasons: (1) the total square footage of the existing accessory buildings already exceeds the allotted amount, and the proposed addition will only be adding 220 additional square feet; (2) the proposed addition is not encroaching any further onto the south property line (64th Street) than the existing structure already encroaches; (3) the proposed addition is not encroaching any further onto the east property line than the existing detached accessory structure already encroaches; (4) the proposed conditional use permit request will accommodate a person with disabilities and will make the structure disability accessible; and (5) the proposed conditional use permit meets all of the criteria established in the Zoning Ordinance. Therefore, staff recommends approval of the conditional use permit request, with the following conditions: 1) The addition shall be constructed according to the plans submitted. 2) A building permit shall be obtained before construction begins. Pc. David Snyder Joel Nichols, 15115 64th Street North, Stillwater, MN 55082 4 >_. - 9- 'tyro e-cobvid < oz) L \ 0