HomeMy WebLinkAbout2010-11-22 OPH Ltr to CA Forwarding CUP Document for Recording CITY OF
OAK PARK HEIGHTS
w . 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439 -4439 • Fax: 651/439 -0574
November 22, 2010
Mr. Mark Vierling
Eckberg, Lammers, Briggs, Wolff & Vierling. P.L.L.P
1809 Northwestern Ave., Ste. 110
Stillwater, MN 55082
Re: Conditional Use Permit: Penelope Stewart — 15087 64 St. N.
OPH File No.: 10 -08.04 — TPC File 236.05 -10.01
Dear Mr. Vierling:
Enclosedfierewith for filing with the Washington County Recorder's Office, please find a
copy oft above - referenced document. Notice of Certification has been attached.
ri
Rt_ . i i
Eri Jo lnson
Cit 'dministrator
EJ: jah
Enclosure
Tree City U.S.A.
NOTICE OF CERTIFICATION
STATE OF MINNESOTA )
COUNTY OF WASHINGTON ) ss.
CITY OF OAK PARK HEIGHTS )
I, the undersigned being duly qualified and acting as City Administrator for the City of
Oak Park Heights, Minnesota DO HEREBY CERTIFY that I have compared the attached
document:
Conditional Use Permit
For Penelope Stewart —15087 64` St. N.
with the original thereof on file at the offices of the City of Oak Park Heights, and that the same
is a full, true and complete copy of said document within the files of the City of Oak Park
Heights.
WITNESS my hand and the seal of the City of Oak Park // eights, this 22nd day of
November, 2010. 1 (
Eric J�/ h on
City • d 1inistrator
• •
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMIT
File No.: 236.01 -10.01 Date Issued: September 28, 2010
Legal Description: (Washington County Geo. Code: TBD)
See Attached Exhibit "A"
Owner /Applicant
Penelope Stewart.
15087 -64th St. North
Oak Park Heights, MN 55082
Site Address: same as Owner
Present Zoning District: R - 2 Low and Medium Density Residential. District
Permitted uses set forth in Ordinance 401 Section 401.26 ( Ref. Also See 401.15 C 1.e.5 and 401.15.D 2. )
I. CONDITIONAL USE PERMIT: applicant has requested permission to build a garage on the residential
site which has been granted by the City Council subject to 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 paved driveway shall be
approved by the City Engineer.
III. Reference Attachment:
The reports of the City Planner dated September 8, 2010 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
1
IN WITNESS WHEREOF, the parties have set forth their hands and seals.
CITY OF • AK PARK. • IGHTS
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pf Date: By 41. 4
;► a d Beaudet
Date: 11\ VI \k°
ric Johnson
City Administrator
Owner /A I cant
Date: ‘,\ *\_/ \ 0
\ " o'ri`ick •
nelope Stewart
2
EXHIBIT "A"
LEGAL DESCRIPTION
PIN# 34.03020.32.0038
LOT 6 BLOCK 7 MC KENTY'S ADDITION
WASHINGTON COUNTY, MINNESOTA
3
EXHIBIT "B"
PLANNERS REPORT AND SITE PLANS
4
T 1 Thurston Avenue N, Suite, 100
Anoka, MN 55303 GL ;., a
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC6 PlanningCo.r.,om
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.
f) 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.
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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.
t) 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 Tots
1) 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.
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Penelope Anne Stewart r _XHIBIT 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 .
!. 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.
Sincerely, ,
Penelope A. S wart
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