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HomeMy WebLinkAbout2010-09-08 Planning Memorandum TPC 3601 Thurston Avenue N, Suite 100 Anoka, Mira 55303 ENCLos m a 2 Phone: 763.231 .5840 Facsirnile: 763.427.0520 TPC@�-PlanningCo.com MEMORANDUM TO: Eric Johnson FROM: Scott Richards DATE: September 8, 2010 RE: Oak Park Heights — Request for Conditional Use Permits for a Detached Garage — 15087 64 Street North TPC FILE: 236.05 — 10.01 BACKGROUND Penelope Stewart has made an application for three Conditional Use Permits (CUP's) to allow a detached garage at 15087 64 Street North. The application includes requests for a CUP to allow the garage to be placed in the side yard, another to allow the garage to be constructed within the front yard setback and third to allow more that one detached garage on the property. The property is zoned R -2 Low and Medium Density Residential District. EXHIBITS The review is based upon the following submittals: Exhibit 1: Property Survey Exhibit 2: Floor Plan Exhibit 3: Garage Elevation Exhibit 4: Letter from Penelope Stewart Exhibit 5: Pictures of Subject Property PROJECT DESCRIPTION The property at 15087 64 Street North is constructed with a single family house that currently does not have a garage. There is an existing detached accessory building of 370 square feet at the rear of the property. The house was constructed with a setback of 19.6 feet from the front property line. The Zoning Ordinance requires a 30 foot front yard setback in the R -2 District. The proposed garage is to be constructed at the same setback as the house and would be 380 square feet in size. The garage would match the colors and architectural style of the house. It would also be within the height requirements of the accessory building section of the Zoning Ordinance. The applicant has requested the conditional use permits in that because of the design of the house and the eve lines, it would be difficult to attach the garage. Additionally, if the garage were to be set back to 30 feet, it would require Ms. Stewart to remove two spruce trees and an apple tree. The drainage patterns of the yard would also be impacted if the structure were to be moved back. ISSUES ANALYSIS Comprehensive Plan: The property is designated as low density residential in the Comprehensive Land Use Map. The request for a detached garage is consistent with the Comprehensive policies related to low density land use. Zoning: The property is zoned R -2 Low and Medium Density Residential District. The following conditional use permits have been requested to allow the construction of the garage: 1. Section 401.15.C.1.e.5) The encroachment within the required setback of 30 feet must be addressed with the issuance of a CUP. 2. Section 401.15.D.2 A CUP is required for placement of the garage in the side yard. 3. Section 401.15.D.5. There is an existing accessory building on the property. The second building requires a CUP. The criteria for reviewing the CUP requests is reviewed later in this report. Driveways: There is an existing curb cut and gravel parking pad on the property. With construction of a new garage, this parking area would be removed and the curb would need to be restored by the applicant. The curb restoration is subject to the recommendation and approvals of the City Engineer. The new driveway would be paved with asphalt. 2 Drainage: Drainage plans for the property with the new garage and construction of the paved driveway would be approved by the City Engineer. Accessory Building Requirements: Section 401.15.D provides a list of requirements for construction of an accessory building on a property. Please find a review of those that apply to this request: 3.) The accessory building can be no more than 12 feet in height (midpoint of the gabled roof) unless approved by the Building Official to a total of 17 feet. The proposed garage will be 13 feet in height. 4.) The lot is 16,178 square feet in size. The building coverage with the new garage will be 2,228 square feet or approximately 14 percent of the lot. The Ordinance requires the coverage to be less than 25 percent. 6.) The total accessory building area must be less than 1,000 square feet. The total with the new garage shall be 750 square feet. 11.) The same or similar quality exterior material shall be used in the accessory building and the principal building. The new garage shall have siding and shingles that will match the house. Conditional Use Permit Criteria: Section 401.15.C.1.e.5) provides criteria for review of a reduction in a required lot in a yard. A review of the criteria is as follows: a) The reduction of setback requirements is based upon 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 garage cannot be attached to the house in that it will not work with the interior layout of the existing structure. Placement of a detached garage in the rear yard would conflict with existing significant trees and the drainage patterns. 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. The proposed garage will not conflict with the property line drainage or easements. c) The reduction will work toward the preservation of trees or unique physical features of the lot or area. 3 Existing trees will be preserved by moving the garage into the front yard setback so that it is consistent with the house. d) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. The proposed garage will not impact sun access for the adjoining property. e) The reduction will not obstruct traffic visibility, cause a public safety problem and complies with Section 401.15.8.6 of this Ordinance. The setback of the garage will not create safety issues. 0 The conditions of Section 401.03.A.8 of this Ordinance are considered and satisfactorily met. The conditions have been reviewed and City Staff does not see any conflict with this proposed garage. Section 401.15.D.13. provides criteria for review of placement of an accessory structure and number of structures on a lot. A review of the criteria is as follows: a) There is a demonstrated need and potential for continued use of the structure for the purpose stated. The property currently does not have a garage. A garage is considered a reasonable accessory use for a single family property. b) In the case of residential uses, no commercial or home occupation activities are conducted on the property. There are no home occupation activities being conducted on the property. c) The building has an evident re -use or function related to the principal use. A garage is considered a reasonable use for a single family structure. d) Accessory buildings 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 accessory building will need to be maintained and not present a hazard. e) The reduction of setback requirements is base 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. 4 The garage cannot be reasonably attached to the existing structure and there are trees and drainage issues that would conflict with moving the building to the rear yard. 0 Existing property line drainage and utility easements are provided for and not building will occur upon this reserved space unless approved in writing by the easement holder. The garage shall not conflict with drainage or utility easements. g) The reduction will work toward the preservation of trees or unique physical features of the lot or area Trees will be preserved as a result of approving this CUP. h) If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. Sun access will not be impacted to abutting lots i) The building height of an accessory building shall not exceed twenty -five (25) feet. The proposed structure will be 13 feet in height. j) 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 structure is proposed for the front yard. The existing accessory building in the rear yard does not occupy 35 percent of the area. k) 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. City Staff has determined that the proposed structure meets the intent of the criteria found in Section 401.03.A.8 of this Ordinance. CONCLUSION /RECOMMENDATION Upon review of the requests for the Conditional Use Permits, City staff would recommend the garage construction with the following conditions: 1. The existing curb and gravel parking pad shall be removed and the curb restoration is subject to the recommendation and approvals of the City Engineer. 5 2. Drainage plans for the property with the new garage and construction of the paved driveway shall be approved by the City Engineer. 3. Any other conditions of the Planning Commission, City Council and City Staff. 6 KEMPER S IO N ASSOCUI ; RS " 'S INC PROFESS THE STEWART RESIDENCE IOAL LAND Ui 7x1 = ®GNWAY 8 N. T. MIT BRIGHTON, IB011MOTA 53112 631-471 -0361 FAX 651-631-890 d�4 LOTS 5 -7, BLOCK 7, McKENTY'S ADDITION 15087 64TH STREET NORTH O tY MM SnCEf K SECTION 34, T3014, R2OW A CITY OF OAK PARK HEIGHTS, WASHINGTON COUNTY, MINNESOTA ;� EXHIBIT 1 _ _ _ 6 S TR E ET N U 96- 'L \\ 11 ME (PrO �&IUWHOUS RGAOWAV -wAr) ld8 ._____.�. _ __ _ 9: w C 4`L \� Bg BE BE7�1 THE PUTTED WIDTH OF 64TH Ij \ NORTH RIGHT -OF -WAY AA THE MONUMENTED . POSITION OF THE RIGHT -OF -WAY ERIE$. 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PENELOPE STEWART rDlo: / 15087 64TH STREET NORTH aauw taC 22.75' / OAK PARK HEIQITS, MINNESOTA 55082 RHONE: 651 - 430 -0523 aWmulnl — � 5 8951'33' W 319.79'(.) — a.N• Y f20.00'(R) y I �� ' �wa,r v �iAm n a aauK > ,tlmH W HIICCI srar 9a A D nor / l p" S 8951'33' Mh�1119.92' M �.. -. - a - nr 4 PAY um� wlPnmaa ui . - - 6anta, uoo,NN+ts - - • rolN twr lar.o ,• Noant uc 1 v ,w llC 4 MO C K a tm :. ,•rT,rt,: ATr' or Hor a T. Aanm.r San 1 1DT >a 7. = CERTIFICATE OF SURVEY µ,Ns �� I ;°aKs "°°'"°" 1- 2 =� g 7 s .� ,wu OamaNC) oa aw m¢r I H ' I oAnn nrs uAY aTPo EXHIBIT ABC) Arrow Building Center M A Division of Consolidated Lumber Company DATE JOB PHONE i - _ — + — i i , I 1 j , - --- , _. _... _ Serving Wisconsin Indianhead Region, St. Croix and Mississippi River Valley Areas since 1903. N www.arrowbuildingcenter.com FIBC) Arrow Building Center 4 A Division of Consolidated Lumber Company DATE JOB PHONE - • ; I 3y I M i I SSiSSlippi Serving Wiscon sin indianhead Region, St. Croi reas since 1903. www.arrowbuildingcenter.com Penelope Anne Stewart EXHIBIT 4 15087 64th St North Oak Park Heights MN 55082 8/22/2010 TPC 3601 Thurston Ave N., Suite 100 Anoka MN 55303 RE: Oak Park Heights- Conditional se Permit for a Garage at 15087 64th St N. TPC FILE: 236.05 -10.01 This letter is in response to your letter dated 8/19/2010 requesting additional information . 1. We are requesting the garage to be set towards the front of the house because to put it back would require the removal of two large Spruce trees and an apple tree that occupy the area where the garage would be built. We believe that the garage and drive would also interfere with the drainage of rain and snow melt from the west neighbors and our roof. 2. The drive way would be constructed of asphalt. aincerelw Penelope A. wart r !.'W — r S6 .�'•t 1 4p "�_ Y w r `fit. ` �:,, �; • • ,� Ow I Ilk w• w y ,� s y 1 ,y a t Area between these posts proposed as