HomeMy WebLinkAbout2011-05-24 CC Packet Enclosure Enclosure 17
Oak Park Heights
Request for Council Action
Meeting Date - -- May 24 2011
Time Required: — Minutes
Agenda Item Title: Request for Conditional Use Permit - Accessory Structure :1 _14174
w Upper 54 Street , 7,. —
Agenda Placement New Busiues
Originating Department /R.ec est« / Eric Joh son City Administrator_____________
Requester's Signature __:`
Action Requested _ S 'e esolutian
Background /Justification (Please indicate if any previous action has been taken or if other public
bodies have advised):
Please see the attached documents:
1. Planning Report from Scott Richards, TPC dated May 4 2011. (attachments can be
found in the May 2011 Planning packets)
2. Approved Planning Commission Resolution, (Unsigned).
3. Proposed City Council Resolution.
Page 151 of 232
T 3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
MEMORANDUM
TO: Eric Johnson
FROM: Scott Richards
DATE: May 4, 2011
RE: Oak Park Heights — Request for a Conditional Use Permit for a
Detached Accessory Structure —14174 Upper 54 Street North
TPC FILE: 236.05 — 11.01
BACKGROUND
Theresa Lannue has made an application for a Conditional Use Permit (CUP) to allow a
detached accessory structure at 14174 Upper 54 Street North. The application
includes a request for a CUP to allow the structure to be placed in the side yard. It
would replace an accessory structure that was previously located in the same side yard.
The property is zoned R -1, Single Family Residential District.
EXHIBITS
The review is based upon the following submittals:
Exhibit 1: Washington County Boundary Survey
Exhibit 2: Site Plan
Exhibit 3: Air Photo of Lot
Exhibit 4: Project Narrative
Exhibit 5: Pictures of Proposed Accessory Structure
Exhibit 6: Street Elevation Diagram
Exhibit 7: Pictures of Subject Property
PROJECT DESCRIPTION
The applicant has requested the conditional use permit to replace a shed that had been
previously located in the side yard of this property. The 7ft x 10ft shed has been
removed and would be replaced by a slightly larger structure (10ft x 16ft) in the same
location, but even with the front of the house. This will be the only accessory structure
on the lot.
Page 152 of 232
The new shed will be wood and match the color of the house. The applicant has
indicated that the shed cannot be located in the back yard because it is fenced in and
the property slopes away from the house toward the rear of the lot. The shed will be
located six feet from the side property line and three feet from the garage. The Building
Official has visited the site and the garage has already been insulated and fire walled
per Building Code.
The applicant is proposing to place a parking pad connecting to the existing driveway
and in front of the shed. It will be constructed of Class 5 materials with 4 inch base per
specifications outlined in the Zoning Ordinance.
ISSUES ANALYSIS
Comprehensive Plan:
The property is designated as low density residential in the Comprehensive Land Use
Map. The request for a detached accessory structure is consistent with the
Comprehensive policies related to low density land use.
Zoning:
The property is zoned R -1 Single Family Residential District. The following conditional
use permits have been requested to allow the construction of the accessory structure:
1. Section 401.15.D.2 A CUP is required for placement of the accessory
structure in the side yard.
2. Section 401.15.C.1.e.5) A CUP is required for the reduction of a required
yard on a lot. Although the structure will meet accessory building setbacks it
does not meet the 10ft setback requirement that a principal structure would
require in the same location.
The criteria for reviewing the CUP requests is found later in this report.
Setbacks:
An accessory structure is required to be at least five feet from side lot lines and six feet
or more from any other building or structure on the same lot. The proposed structure
will be six feet from the property line and three feet from the house. Accessory
structures can be closer to six feet from another structure if all requirements of the
Building Code are met. The Building Inspector has visited the site and determined that
the house is already code compliant and the accessory structure will not need to be
further fire protected.
2
Page 153 of 232
The accessory structure will be constructed within the 10ft required setback for a
principal building. Although this is an accessory structure, it is being located in a portion
of the yard (side yard) that is not allowed for structures by the Zoning Ordinance. As
such, a CUP is also required to allow the accessory structure to be set back six feet.
Section 401.15.C.1.e.5) allows for required yards to be reduced by CUP if certain
criteria are met. That criteria is reviewed later in the report.
Driveway:
There is an existing curb cut and asphalt driveway that leads into the two stall garage.
The applicant has proposed adding a parking pad adjacent to the driveway that would
stop at the front of the house at the proposed accessory structure. The driveway would
be constructed of Class 5 material with a four inch base as allowed by the Zoning
Ordinance. Parking pads do not require side yard setback. The proposed pad would
be six feet from the property line.
Drainage:
Drainage plans for the property with the accessory structure and construction of the
parking pad would be approved by the City Engineer.
Accessory Structure Requirements:
Section 401.15.D provides a list of requirements for construction of an accessory
structure on a property. Please find a review of those that apply to this request:
3.) The accessory structure 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 structure will be nine feet in height.
4.) The Ordinance requires the coverage to be less than 25 percent in the
rear yard. The accessory structure will be constructed in the side yard. There
are no other structures in the rear yard.
5.) One accessory structure is allowed per lot. This will be the only accessory
structure on this lot.
6.) The total accessory structure area must be less than 1,000 square feet.
The accessory structure with the existing garage will be approximately 688
square feet.
11.) The same or similar quality exterior material shall be used in the
accessory structure and the principal building. The new structure shall have
siding and paint color that will match the house.
3
Page 154 of 232
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 accessory structure cannot be attached to the house in that it will not work
with the roof and eves of the existing structure. Placement of a detached
structure in the rear yard would be difficult because of slopes, existing 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 accessory structure 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.
Existing trees will be preserved by moving the accessory structure 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 Tots.
The proposed accessory structure 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.B.6 of this Ordinance.
The setback of the accessory structure will not create safety issues.
t) 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 accessory structure.
4
Page 155 of 232
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 previously had an accessory structure in this location. Additional
storage is needed by the applicant in addition to the two stall garage.
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 shed is considered a reasonable accessory 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 structure 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.
The accessory structure 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.
fj 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 accessory structure 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
5
Page 156 of 232
i) The building height of an accessory building shall not exceed twenty -five (25)
feet.
The proposed structure will be nine 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 side front yard.
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 accessory 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 placement of the accessory structure with the following conditions:
1, The accessory structure and the adjacent garage shall be compliant with all
Building Code requirements subject to review and approval of the Building
Official.
2. The accessory structure shall be painted the same color as the house.
3. Drainage plans for the property with the new accessory structure and
construction of the paved driveway shall be approved by the City Engineer.
4. Any other conditions of the Planning Commission, City Council and City Staff.
6
Page 157 of 232
A RECOMMENDING RESOLUTION
OF THE
PLANNING COMMISSION
CITY OF OAK PARK HEIGHTS
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ESTABLISHING FINDINGS OF FACT AND
RECOMMENDING TO THE CITY COUNCIL THAT THE
REQUEST BY THERESA LANNUE FOR TWO CONDITIONAL USE
PERMITS TO ALLOW A DETACHED GARAGE AT 14174 UPPER
54" STREET NORTH SHOULD BE APPROVED WITH
CONDITIONS
WHEREAS, the City of Oak Park Heights has received a request from Theresa Lannue
for two Conditional Use Permits to allow a detached garage at 14174 Upper 54`" Street
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 A'T'TACHMENT A
and
2. - The applicant has submitted an application and supporting documentation.
to the Community Development Department consisting of the following items:
SEE ATTACHMENT 13
and
•
3. "Ile property is zoned R -1 Single Family Residential District in which
single family uses and accessory detached structures are a permitted use; and
4. Section 401.15.D.2 of the Zoning Ordinance requires a Conditional Use
Permit for the placement of the garage in the side yard; and
5. Section 401.15.C.1.e.5) of the Zoning Ordinance requires a Conditional
Use Perrnit for the reduction of a required yard on a lot. Although the structure will meet
accessory building setbacks it does not comply with the 10 foot setback requirement that
a principle structure would require in the same location; and
Page 158 of 232
Recommended by the Planning Commission of the City of Oak Park Heights this
12 day of May, 2011.
Jennifer Bye, Chair
ATTEST:
Eric A. Johnson, City Administrator
3
Page 159 of 232
6. City staff prepared a planning report dated May 4, 2011 reviewing the
request; and
7. Said report recommended approval of the two Conditional Use Perrnits 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 401.15.1113 and Section 401.03.A.8 of the
Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions;
and
8. The Planning Commission. held a public hearing at their May 12, 2011
meeting, took comments from the applicants and public, closed the public hearing, and
made the following recommendation:
NOW, THEREFORE, BE IT RESOLVED BY "Till. PLANNING
COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE
PLANNING COMMISSION RECOMMENDS THE FOLLOWING:
A. The application submitted by Theresa l.,annue for two Conditional Use Perrnits to
allow a detached garage at 14174 Upper 50 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 accessory structure and the adjacent garage shall be compliant with all
Building Code requirements subject to review and approval of the Building
Official.
2. The accessory structure shall be painted the same color as the house. The trim,
siding and door colors of the accessory structure shall match that of the house
trim, siding and garage door.
3. The shingles of the accessory structure shall match. the house shingles as close as
possible.
4. The accessory structure shall be set back at least two feet from the front of the
garage.
5. Drainage plans for the property with the new accessory structure and
construction of the paved driveway shall be approved by the City Engineer.
6. Any other conditions of the City Council.
2
Page 160 of 232
ATTACHMENT A
y „c;-.9`
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
14174 Upper 54 St. N.
Legally described as:
Lot 9, Block 1, Swager Bros. 9"' Addition
Washington County GEO Code:
04- 029 -20 -32 -0013
Page 161 of 232
ATTACIIMENT B
< s .
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
14174 Upper 54` St. N.
Application Materials
• Application Form
• 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)
Public Hearing: May 12, 1011
Required Approvals: C.U.P.
City Council 4/5
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)
•
Page 162 of 232
RESOLUTION NO.
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 THERESA LANNUE FOR TWO CONDITIONAL USE
PERMITS TO ALLOW A I ETACHED GARAGE AT 14174 UPPER
54 STREET NORTH BE APPROVED WITH CONDITIONS
WHEREAS, the City of Oak Park heights has received a request from Theresa Lannue
for two Conditional Use Permits to allow a detached garage at 14174 Upper 54 Street
North; and after having conducted a public hearing relative thereto, the Planning
Commission of'Oak Park Heights recommended that the application be approved with
conditions. The City Council of the City of Oak Park heights 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 13
and
3. The property is zoned R -1 Single Family Residential District in which
single family uses and accessory detached structures are a permitted use; and
4. Section 401.15.1).2 of the Zoning Ordinance requires a Conditional Use
Permit for the placement of the garage in the side yard; and
• 5. Section 401.1 5.0. l .e.5) of the Zoning Ordinance requires a Conditional
Use Permit for the reduction of a required yard on a lot. Although the structure will meet
accessory building setbacks it does not comply with the 1.0 foot setback requirement that
a principle structure would require in the same location; and
Page 163 of 232
6. City staff prepared a planning report dated May 4, 2011 reviewing the
request; and
7. Said report recommended approval of the two 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 401.15.1).13 and Section 401.03.A.8 of the
Zoning Ordinance. Said recommendation was subject to the fulfillment of conditions;
and
8. "I'he Planning Commission held a public hearing at their May 12, 2011
meeting, took comments from the applicants and public, closed the public hearing, and
recommended the application with conditions.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR
THE CITY OF OAK PARK HEIGHTS THAT THE CITY COUNCIL
RECOMMENDS THE FOLLOWING:
A. The application submitted by Theresa Lannue for two Conditional Use Permits to
allow a detached garage at 14174 Upper 54 Street 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
with the following conditions:
1. The accessory structure and the adjacent garage shall be compliant with all
Building Code requirements subject to review and approval of the Building
Official.
2. The accessory structure shall be painted the same color as the house. The trim,
siding and door colors of the accessory structure shall match that of the house
trim, siding and garage door.
3. The shingles of the accessory structure shall match the house shingles as close as
possible.
4. The accessory structure shall be set back at least two feet from the front of the
garage.
5. Drainage plans for the property with the new accessory structure and
construction of the paved driveway shall be approved by the City Engineer.
6. Any other conditions of the City Council.
2
Page 164 of 232
Approved by the City Council of the City of (yak Park Heights this 24 day of
May, 2011.
David Beaudet, Mayor
ATTEST:
Eric A. Johnson, City Administrator
3
Page 165 of 232
ATTACHMENT A
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
14174 Upper 54 St. N.
Legally described as:
Lot 9, Block 1, Swager Bros. 9 Addition
Washington County GEO Code:
04- 029 -20 -32 -0013
Page 166 of 232
ATTACHMENT B
!y 47
Site Plan Review &
Conditional Use Permit (CUP)
For
Accessory Building Placement
At
14174 Upper 54' St. N.
Application Materials
• Application Form
• 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)
Public Hearing: May 12, 1011
Required Approvals: C.U.P.
City Council 4/5
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)
Page 167 of 232