HomeMy WebLinkAbout2010-09-28 CC Meeting Packet Enclosure 41 i 4 �17f-
Oak Park Hei
Re for Council Action
Meetin Date Sevtember 28h,2010
Time Re 5 Minutes
A Item Title: Re for Conditional Use Permit for a Detached Garage — 15087
64"' Street North
A Placement New Biodfii"S
Ori Department./Re or Eric Johnson, City Administrator
Re Si
Action Re See� 5 �Oolution
Back ( Ple indicate if an previous action has been taken or if other public
bodies have advised :
Please see the attached documents'.
1. Plannin Report from Scott Richards, TPC dated Sept 8th, 201 ( attachments can be
found in the Sept 20 o Plannin packets)
2. Approved Plannin Commission Resolution, (Unsi
3. Proposed Cit Council Resolution.
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427,0520
Ir TPC@ Plan ni n cam
MEMORANDUM
TO-F Eric Johnson
FROM: Scott Richards
DATE: September 8, 2010
RE: Oak Park Hei — Re for Conditional Use Permits for a
Detached Gara — 15087 64th 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 g ara g e at 15087 64th Street North. The application includes re
for a CUP to allow the g ara g e to be placed in the side y ard, another to allow the g ara g e
to be constructed within the front y ard setback and third to allow more that one
detached g ara g e on the propert
The propert is zoned R-2 Low and Medium Densit Residential District.
EXHIBITS
The review is based upon the followin submittals:
Exhibit 1: Propert Surve
Exhibit 2: Floor Plan
Exhibit 3: Gara Elevation
Exhibit 4: Letter from Penelope Stewart
Exhibit 5: Pictures of Subject Property
PROJECT DESCRIPTION
The propert at 15087 04th Street North is constructed with a sin famil house that
currentl does not have a g ara g e. There is an existin detached accessor buildin of
370 s feet at the rear of the propert The house was constructed with a setback
of 19.6 feet from the front propert line. The Zonin Ordinance re a 30 foot front
y ard setback in the R-2 District. The proposed g ara g e is to be constructed at the same
setback as the house and would be 380 s feet in size. The g ara g e would match
the colors and architectural st of the house. It would also be within the hei
re of the accessor buildin section of the Zonin Ordinance.
The applicant has re the conditional use permits in that because of the desi of
the house and the eve lines, it would be difficult to attach the g ara g e. Additionall if the
g ara g e were to be set back to 30 feet, it would re Ms. Stewart to remove two
spruce trees and an apple tree. The draina patterns of the y ard would also be
impacted if the structure were to be moved back.
ISSUES ANALYSIS
Comprehensive Plan:
The propert is desi as low densit residential in the Comprehensive Land Use
Map. The re for a detached g ara g e is consistent with the Comprehensive policies
related to low densit land use.
Zonin
The propert is zoned R-2 Low and Medium Densit Residential District. The followin
conditional use permits have been re to allow the construction of the g ara g e:
1. Section 401.15.C.1 e.5) The encroachment within the re setback of
30 feet must be addressed with the issuance of a CUP.
2. Section 401.15.1 .2 A CUP is re for placement of the g ara g e in the
side y ard.
3. Section 401.15.D.5. There is an existin accessor buildin on the
propert The second buildin re a CUP.
The criteria for reviewin the CUP re is reviewed later in this report.
Drivewa
There is an existin curb cut and g ravel parkin pad on the propert With construction
of a new g ara g e, this parkin area would be removed and the curb would need to be
restored b the applicant. The curb restoration is subject to the recommendation and
approvals of the Cit En The new drivewa would be paved with asphalt.
2
Draina
Draina plans for the propert with the new g ara g e and construction of the paved
drivewa would be approved b the Cit En
Accessor Buildin Re
Section 401.15.D provides a list of re for construction of an accessor
buildin on a propert Please find a review of those that appl to this re
3.) The accessor buildin can be no more than 12 feet in hei (midpoint of
the g abled roof) unless approved b the Buildin Official to a total of 17 feet. The
proposed g ara g e will be 13 feet in hei
4.) The lot is 16,178 s feet in size. The buildin covera with the new
g ara g e will be 2,228 s feet or approximatel 14 percent of the lot. The
Ordinance re the covera to be less than 25 percent.
6.) The total accessor buildin area must be less than 1,000 s feet.
The total with the new g ara g e shall be 750 s feet.
11.} The same or similar q ualit y exterior material shall be used in the
accessor buildin and the principal buildin The new g ara g e shall have sidin
and shin that will match the house.
II
Conditional Use Permit Criteria,.
Section 401.1 ..1.e.} provides criteria for review of a reduction in a re lot in a
y ard. A review of the criteria is as follows:
a) The reduction of setback re is based upon specific need or
circumstance which is uni to the propert in q uestion and which, if approved, will not
set a precedent which is contrar to the intent of this Ordinance.
The g ara g e cannot be attached to the house in that it will not work with the
interior la of the existin structure. Placement of a detached g ara g e in the
rear y ard would conflict with existin si trees and the draina patterns.
b) Propert line draina and utilit easements as re b the Cit
Subdivision Ordinance are provided and no buildin will occur upon this reserved
space.
The proposed g ara g e will not conflict with the propert line draina or
easements.
c) The reduction will work toward the preservation of trees or uni ph
features of the lot or area.
3
Existin trees will be preserved b movin the g ara g e into the front y ard setback
so that it is consistent with the house.
d) If affectin a north lot line, the reduction will not restrict sun access from the
abuttin lots.
The proposed g ara g e will not impact sun access for the adjoinin propert
e) The reduction will not obstruct traffic visibilit cause a public safet problem
and complies with Section 401.15. B. 6 of this Ordinance.
The setback of the g ara g e will not create safet issues.
0 The conditions of Section 401.03.A.8 of this Ordinance are considered and
satisfactoril met.
The conditions have been reviewed and Cit Staff does not see an conflict with
this proposed g ara g e.
Section 401.15.D.13. provides criteria for review of placement of an accessor structure
and number of structures on a (ot. 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 propert currentl does not have a g ara g e. A g ara g e is considered a
reasonable accessor use for a sin famil propert
b) In the case of residential uses, no commercial or home occupation activities
are conducted on the propert
There are no home occupation activities bein conducted on the propert
c) The buildin has an evident re-use or function related to the principal use.
A g ara g e is considered a reasonable use for a sin famil structure.
d) Accessor buildin shall be maintained in a manner that is compatible with
the adjacent residential uses and does not present a hazard to public health, safet and
g eneral welfare.
The accessor buildin will need to be maintained and not present a hazard.
e) The reduction of setback re is base upon a specific need or
circumstance which is uni to the propert in q uestion and which, if approved, will not
set a precedent which is contrar to the intent of this Ordinance.
4
The g ara g e cannot be reasonabl attached to the existin structure and there are
trees and draina issues that would conflict with movin the buildin to the rear
y ard.
0 Existin propert line draina and utilit easements are provided for and not
buildin will occur upon this reserved space unless approved in writin b the easement
holder.
The g ara g e shall not conflict with draina or utilit easements.
g ) The reduction will work toward the preservation of trees or uni ph
features of the lot or area
Trees will be preserved as a result of approvin this CUP.
h) If affectin a north lot line, the reduction will not restrict sun access from the
abuttin lots.
Sun access will not be impacted to abuttin lots
i) The buildin hei of an accessor buildin shall not exceed twent (25)
feet.
The proposed structure will be 13 feet in hei
j) Accessor buildin or detached g ara g es or combination thereof within a
residential district shall not occup more than thirt (35) percent of the rear y ard.
The structure is proposed for the front y ard. The existin accessor buildin in
the rear y ard does not occup 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 activit is in compliance with such criteria.
Cit Staff has determined that the proposed structure meets the intent of the
criteria found in Section 401.03.A.8 of this Ordinance.
CONCLUSIOWRECOMMENDATION
Upon review of the re for the Conditional Use Permits, Cit staff would
recommend the g ara g e construction with the followin conditions:
1. The existin curb and g ravel parkin pad shall be removed and the curb restoration
is subject to the recommendation and approvals of the Cit En
5
2. Draina plans for the propert with the new g ara g e and construction of the paved
drivewa shall be approved b the Cit En
3. An other conditions of the Plannin Commission, Cit Council and Cit Staff.
6
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABI-JISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY PEN EIS OP TEWART FOR THREE
CONDITIONAL USE PERMITS TO ALLOW A SECOND
DETACHED GARAGE AT 15087 64TH STREET NORTH SHOULD
BE APPROVED WITH CONDITIONS
WHEREAS, the Cit of Oak Park Hc]- has received a re from Penelope Stewart
for three Conditional Use Permits to allow a second detached g ara g e at 15087 64"' Street
North and after havin conducted a public hearin relative thereto, the Plannin
Commission of Oak Park Hei makes the followin findin of fact:
1. Tlie real propert affected b said application is le described as
follows to wit:
SEE ATTACHMENT A
and
2. The applicant has submitted an application and supportin documentation
to the Communit Development Department consistin of the followin items:
SEE ATrf"A.CHMENT B
and
3. The propert is zoned R-2 Low and Medium Densit Residential District
in which sin -famil uses and accessor detached structures are a permitted use and
4. Section 401.15.C. 1.e.5 of the Zonin Ordinance re a Conditional
Use Permit for the encroachment of the -pro-posed g ara g e within the re front setback
of 3 0 feet and
5. Section 401.15.D.2 of the Zonin Ordinance re a Conditional Use
Permit for the placement of the g ara g e in the side y ard ; and
6. Section 401.15.D.5 of the Zonin Ordinance re a Conditional Use
Permit for a second detached accessor buildin on the propert and
7. City staff prepared a planning report dated September 8, 2010 reviewing
the request; and
8. Said report recommended approval of the three Conditional Use Permits in
that they were in conformance with the criteria for issuance of Conditional Use Permits
found in Section 401.15.C.I .e.5, Section 401.15.D.13 and Section 401.03.A.8 of the
Zoning ordinance. Said recommendation was subject to the fulfillment of conditions;
and
9. The Planning Commission held a public hearing at their September 16,
2010 meeting, took comments from the applicants and public, closed the public hearing,
and made the following recommendation:
NOW, THEREFORE, E IT RESOLVED BY THE PLANNING
COMMISSION FOR THE CITY OF OAK PARIS HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING.-
A. "I'he application submitted by Penelope Stewart for three Conditional Use Permits
to allow a second detached garage at 15 087 64 "' Street 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 with the following conditions:
1. The existing curb and gravel parking pad shall be removed and the curb
restoration 1s subject to the recommendation and approvals of the City Engineer.
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 City Council and City Staff.
Recommended by the Planning Commission of the City of oak Park Heights this
16 day of September, 2010.
Jennifer Bye, Chair
ATTEST:
Erie A. Johnson, City Administrator
2
ATTAC
t :
Co nditional Use Permit - Detached Gara
1 5087 � to o
Was hington County GEO Code: 34.030.20,32.0038
Le Description: Lot 6, Black 7, McKenty's Addition
ATTACHMENT B
d'
Conditional Use Permit Detached Gara
1508764 fh St. N.
Application Materials
Application & Fees
Flan sets
Written Narrative and Graphic Materials Explaining Proposal
Mailing List from Washington county (500' from subject property)
Proof of ownership or Authorization to proceed
Property Tax statements )/Legal Description(s)
Application Review With city Staff : August 25, 2010
Ponditionalr it - 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)
RESOLUTION NO.
_11C
CITY COUNCIL
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RESOLUTION OF THE CITY COUNCIL THAT THE
REQUEST BY PEN EIS OPE STE A T FOR THREE
CONDITIONAL USE PERMITS TO ALLOW A SECOND
DETACHED GARAGE AT 15087 64 TH STREET NORTH BE
APPROVED WITH CONDITIONS
WHEREAS, the Cit of Oak Park Hei has received a re from Penelope Stewart
for three Conditional Use Permits to allow a second detached g ara g e at 15087 64"' Street
North and after havin conducted a public hearin relative thereto,, the Plannin
Commission of Oak Park Hei recommended that the re be approved with
conditions. The Cit Council of the Cit of Oak Park Hei makes the followin
findin of fact:
1. The real propert affected b said application is le described as
follows, to wit:
SEE ATTACHMENT A
and
1 The applicant has submitted an application and supportin documentation
to the Communit Development Department consistin of the followin items:
SEE ATTACHMENT B
and
3. The propert is zoned R-2 Low and Medium Densit Residential District
in which sin famil uses and accessor detached structures are a permitted use and
4. Section 401.15.C.1. e.5 of the Zonin Ordinance re a Conditional
Use Permit for the encroachment of the proposed g ara g e within the re front setback
of 3 0 feet and
5. Section 401.15.D.2 of the Zonin Ordinance re a Conditional Use
Permit for the placement of the g ara g e in the side y ard ; and
6. Section 401.15.1).5 of the Zoning ordinance requires a Conditional Use
Permit for a second detached accessory building on the property; and
7. City staff prepared a planning report dated September 8, 2010 reviewing
the request; and
8. Said report recommended approval of the three Conditional Use Permits in
that they were in conformance with the criteria for issuance of Conditional Use Permits
found in Section 401.15.C. 1.e.5, Section 401.15.D.13 and Section 401.03.A.8 of the
Zoning ordinance. Said recommendation was subject to the fulfillment of conditions;
and
9. The Planning Commission held a public hearing at their September 16,
2010 meeting, tools comments from the applicants and public, closed the public hearing,
and recommended that the application be approved with conditions.
NOW, THEREFORE, E IT RESOLVED BY THE CITY COUNCIL FOR
THE CITE OF OAK PARR HEIGHTS THAT THE CITY COUNCIL APPROVES
THE L L G
A. The application submitted by Penelope Stewart for three Conditional U Permits
to allow a second detached garage at 15087 64 "' Street Forth 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
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.
2. Drainage plans for the property with the new garage and construction of the
paged driveway shall be approved by the City Engineer.
3. Any other conditions of the City Council.
Approved by the City Council of the City of oak Park. Heights this 28th day of
September, 2010.
David Beaudet, Mayor
ATTEST:
Erie A. Johnson, City Administrator
2
ATTACHMENT
"IdA.
J
Conditional Permit W Detached Gara
1508764 th St. N.
Washington County GEO Code 34.030.20.32.0038
Legal ri ti :.. of 6, Block 7, McKenty's Addition
ATTACHMENT B
C onditional Use Permit — Detached Garage
1508764 th St. N.
A pplication Material
Application & Fees
Plan Sets
Written Narrative and Graphic Materials Explaining Proposal
Mailing List from Washington county (500' from subject property)
Proof of ownership or Authorization to Proceed
Property Tax Statement(s)/Legal Description(s)
Ap plication eview With city Staff August 2 , 2010
cdltle�al e er it Lapse of Appr
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 helve (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)