HomeMy WebLinkAbout2011-05-24 Fully Executed CUP Document .r
CITY OF OAK PARK HEIGHTS
CONDITIONAL USE PERMITS
FOR
THERESA LANNUE
14174 UPPER 54 STREET
OAK PARK HEIGHTS MINNESOTA
Planners File No. Date Issued: May 24, 2011
Legal Description: (Washington County Geo. Code: 04.029.20.32.0013 )
See Attached Exhibit "A"
Owner: THERESA LANNUE
Applicant: THERESA LANNUE
Site Address: 14174 UPPER 54 STREET
Present Zoning District: R -1 Residential- Single Family
Conditional use required as set forth in Ordinance Chapter 401 Section 401.22B
V. CONDITIONAL USE PERMITS: As requested the applicant she desires to build a detached garage
upon the property site. 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. The Planning Commission recommended approval of the two Conditional Use Permits
and found 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
All Conditional uses shall be subject to the following conditions and/or restrictions imposed by the May 24„ 2011
Resolution of the City Council of the City of Oak Park Heights as follows:
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.
t
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.
III. Reference Attachment:
The reports of the City Planner dated May4 , 2011 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 Uses 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
IN WITNESS WHEREOF, the parties have set forth - s and seals.
CI I • i i ': ' I IGHT
Date: Co- 1 3 - I I B 1,1A1:
��• = f avi Beaudet
or
Date: G I3 By //
Eric Johnson
City Administrator
THERESA LANNUE
Date: 3/ By 1 t.1L 2L1...°
Permit Holder
t V
EXHIBIT "A"
LEGAL DESCRIPTION
LOT 9, BLOCK 1, SWAGER BROS 9' ADDITION
I t [
EXHIBIT "B"
PLANNERS REPORT AND SITE PLANS
T . 1 Thurston Avenue N, Suite 100 .
Anoka, MN 525331053840 ENCLOSURE 3
Phone: 783.,
Facsimile: 763.427.0520
TPC @)PIanningCo. corn
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 54th 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.
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 wilt 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
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
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 lots.
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 401.15.8.6 of this Ordinance.
The setback of the accessory structure 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 accessory structure.
4
•
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.
f) 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
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
•
Washington County, ' MN 4/19/2011
Washington County, MN
5499 f
CO CO
5495 5450
151.80 125.00
81.00 81.00 90.00
0 0 Co
14156 0 14174 O 14196
14140 O
81.00 81.00 53.37 54.02
t1PPER -54TH
0 32
feet
Property Information
Property ID 0402920320013
Location 14174 UPPER 54TH ST r
ountlir
MAP FOR REFERENCE ONLY
Use
NOT A LEGAL DOCUMENT
ILI. at
This drawing is a eft of the and reproduction records land re
rds as they appear in in various Washington
County offices. The drawing should be used for reference
purposes only. Washington County is not responsible for any
inaccuracies.
EXHIBIT 1
4. ! IV
. .i,
.',.:
;
,
.
•
)
0:1
, . .
.. ,
1 2
L ...
__--
0
1
\ f 1 0 4 I
4.)
1 .....,,4, 119
..,
4-3
, 0
.1.") .
.......-
i --',',
.
' . '.' ‘..--1 1 ( P • . Cl ' .
/ - er i
. (
i .... .
,,,-,--
i .
. i
c,t n /
,/ • 1, j r \
7 ::"1 ' P
1 ., 1.-i•--.
4 '
0 + 4)
i ,.!' •
1 A
, , , I .. •, : io n , _ ,„____—.....4-
4 ,
C
,, • 'i .
---- /' \ c3c.' 1 , ;...le
4 cn L=
,v
- 4 0 ,
....e,
,,
) ..c.:
•, ( \ 1
....,
........... ......-
'
'1..
,, ,04
kb a"
_______
. R
,,x,..,
,.,,,k,s
,,. .
14174 Upper 54th Street
Is ,
d '" 14
4 { n
4 ',, 'z , fl y, { 3. P AM T #1,, 4 ' .c»' 1�s .d-.1 44. r; Oki
4a. ai' AVW1
, Feet
V P 0 40 80
yak '' .0" iA 4
[ . a
M1d AC,ay K 4 . '
At
ill , ,
t .q
! i
C Ffa .
P
City of Oak Park Heights
I41613 Oak Park Blvd. N • Box 2007. Oak Park Heights. MN 132
4111ro Phone (651) 439 -4439 • Fax (651) 439 -0574
DISCLADJER: THIS MAP AND ITS ASSOCIATED ELEMENTS IS NEITHER AN OPTICAL SURVEY N(
AN ENGINEERED DESIGN THIS MAP SHOULD ONLY BE USED AS A GENERAL REFERENCE. IT
PROVIDED AS A COURTESY FOR ITS USER FROM THE CITY. ALL ELEMENTS SHOULD BE VERIFII
BY OFFICAL SURVEYS. OTHER ACTUAL SITE CONDITION REVIEW ANDOR OFFICAL LOC'A
DOCUMENTATION, THE CITY PROVIDES NO WARRANTY THAT THE ITEMS OR ELE.\ E
14174 Upper 54 St. N
Project Narrative-
.
I am applying for a conditional use permit in order to replace my existing storage shed with a slightly
larger storage shed. I purchased this property in August 2010 with a 7 x 10 storage shed located on the
side yard next to the garage. I intend to replace this shed with a slightly larger shed 10 x 16 in the same
place as the existing shed, and slightly forward flush with the garage.
The new shed will be made of wood and be matching in color to the house, 10' x 16' in size,' high at
peak with a garage style door. I need the larger space for storage as the house is mostly finished square
footage and the garage has little storage with two full size cars. The existing shed has a door of only
32 "making it difficult to get things in and out.
The shed cannot be located in the back yard because it is fenced in and the land is sloping away from the
house toward the storm drainage located behind the property, running between the lots.
The new shed will be.6 feet from the side property line per code and 3 feet from the garage which is all
insulated and firewalled per code. (Jim Butler- building official has visited the site)
I also intend to add a parking pad connecting and next to the driveway and in front of the shed, class 5
material with 4" base, per code. (Please see attached drawing to scale).
EXHIBIT 4
. _ , . _ . ,.... . • .
_.,.... .
. ,
. _ .
_ .
- '
`-'410411 '- - - '44 3to... '''''.•'' .'
4 •,-,- •• — . ... .
.71.1111111. I
*ay • •
.1.1 • •
' • . _
. r -
. . .._.
4 •
_... ...
. .
- ...,.„ • •,- -....
-r.,...
),44,---•
t •
_ .
,........
. ...
...
.._,.
...
e'rrikm:'''•
. . ..*
l i
il
...................."., 4. , . -.27..................
, 4, , , • _ •
,, • -., -!-.. -,..iffe•is,-.0 - ''''',.._ .-:,
ie
EXHIBIT ,.,
4 40
._ .,
at,
■ , . . , . . - • - . , .. , -
i
1 {
1 , , _
' P
r 1
•
•
,
i I i I
r I
4
i
I
I
i _ -
1 ✓ ✓! , r
t
'l:
(1 .
.
i k
l kil
k � .xti a4,y 1 t ° K f '
f' @ Y� " $ r 1g
� s ,
..r.. p 1 a
J
/ ti
O
r t r A u r;
F µµ{{ . { � j � I \ r / ma y µ
1 \� 1
.
1 t / V ' a.. h #
0-) / y
r
J � t r �'
t „ , ,
(1 :.. IA, N `
A'•
L
\ 11 I
N / i rQ 1 1 � ( ' ' r
.a�
G.
(
5
c
4 .'',,c,,,, , ,t
v
Y , .
a g ,
L i
0
4