HomeMy WebLinkAbout1997-06-05 Planning Report . _ - Enclosure 7
NORTHWEST ASSOCIATED CONSULTANTS
INC N COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT i' \ i \' L
) \ 61997
Oak Park Heights City I �
TO. 9 Y Council
FROM: Cary Teague /Scott Richards
DATE: 5 June 1997
RE: Oak Park Heights - Simonson - Trailer Parking Variance
FILE NO: 798.02 - 97.10
BACKGROUND
Larry Simonson is requesting a variance from the City's required accessory off - street
parking of trailers, for the purpose of parking three boats /trailers on wood chips in the rear
yard of property located at 14301 57th Street North (Exhibit B).
Section 401.15.F.6.d of the Zoning Ordinance requires the parking of trailers to be located •
within a garage, carport, or on a defined driveway leading directly into a garage or car port
and constructed of concrete or bituminous materials.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Site Plan
Exhibit C - Alternative Site Plan
Exhibit D - Neighborhood Signatures Showing Support
ANALYSIS
Section 401.15.F.6.d of the Zoning Ordinance regulates accessory use off - street parking
as follows:
Required Accessory Off - street Parking. Required accessory off - street parking shall
not be provided in required front yards or in required side yards abutting a public
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 16
PHONE 612-595-9636 FAX 6 1 2- 595 -9837
street for all uses within the R -1 and R -2 Districts and for quadraminium and
townhouse dwellings within R -3 and R -B Districts. Said parking moist be provided
within a garage, car port, or on a defined driveway leading directly into a garage or
car port, and constructed of concrete or bituminous materials. Said driveway may
be constructed of crushed rock for properties developed prior to March 10, 1980
and within existing R -2 Districts.
Based upon the above requirement, the applicant is required to park his trailers within the
existing garage, or on the driveway leading into the garage or a car port. Additionally, the
surface underneath the trailers must paved with concrete or bituminous materials.
The specific proposal is to park two of the three boats /trailers in the southwest corner of
the lot, and the third boat is to be parked south of the garage. Additionally, the applicant
wishes to park these vehicles on wood chips rather than concrete or bituminous materials.
Therefore, a variance is requested.
As with all variance requests, the following criteria must be completely satisfied:
1. Undue hardship will result if the variance is denied due to the existence of
special conditions and circumstances which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures or buildings in the same district.
a. Special conditions may include exceptional topographic or water
conditions or, in the case of an existing lot or parcel of record,
narrowness, shallowness, insufficient area or shape of the property.
b. Undue hardship caused by the special conditions and circumstances
may not be solely economic in nature, if a reasonable use of the
property exists under the terms of this Title.
c. Special conditions and circumstances causing undue hardship shall
not be a result of lot size or building location when the lot qualifies as
a buildable parcel.
In this instance special conditions do not exist. There are no special conditions or
exceptional topographic conditions, or insufficient area or shape to the subject property.
In fact, there is adequate area within the existing driveway to store the boats /trailers, or
the applicant could construct an addition to the garage or a cemented carport where the
boats /trailers could be stored to meet the City Code requirement. Therefore, if the
variance were denied, a hardship would not be brought to the applicant, as the boats and
trailers could be stored on this site without the need for a variance.
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2. Literal interpretation of the provisions of this Ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same district
under the terms of this Ordinance or deny the applicant the ability to put the
property in question to a reasonable use.
If the literal interpretation of the Ordinance were upheld, the applicant would not be
prevented from storing the boats and trailers upon this site. As mentioned above, the
applicant can simply store the boats and trailers within the existing driveway, construct an
addition to the garage, or construct a cemented carport where the boats and trailers could
be stored to meet the City Code requirement. Therefore, denial of the variance will not
deny the applicant reasonable use of the property.
3. The special conditions and circumstances causing the undue hardship do not
result from actions of the applicant.
The desire to place the boats on this lot is an action caused by the applicant, therefore,
this criterion cannot be considered satisfied. Again, the boats and trailers can be parked
on the site to meet the accessory off - street parking requirement.
4. Granting the variance requested will not confer on the applicant any special
privilege that is denied by this Ordinance to other lands, structures, or
buildings in the same district under the same conditions.
The granting of the requested variance will grant the applicant a special privilege and may
in fact set a precedent for similar requests. Within the R -2 Zoning District all over the City,
homeowners in similar circumstances may wish to store their boats in the rear yard on a
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non -paved surface. Therefore, if the proposed variance is granted, owners of these lots
shall be entitled to making similar requests, based upon the precedent that would be
established.
5. The request is not a result of non - conforming lands, structures or buildings
in the same district.
The request is not the result of non - conforming lands, structures or buildings. As the
property exists the City's required lot area, lot width and structure setbacks are all met.
6. The request is not a use variance.
The storage of boats and trailers within the R -2 Zoning District is a permitted use,
therefore, the proposal is not a use variance.
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7. The variance requested is the minimum variance necessary to accomplish the
intended purpose of the applicant.
The variance requested is not a requested variation on a required setback or building
height, rather, it is a variance or waiver of a specific provision within the City's Zoning
Ordinance, therefore, this criterion is not applicable.
8. The request does not create an inconvenience to neighboring properties and
uses.
The proposed storage of boats and trailers on the southeast property lines do move these
uses closer to the adjacent properties. The applicant has submitted a list of signatures
from adjacent properties that support the request, however, if the adjacent properties are
sold, the next property owner may not wish to have a boat and trailers located on his /her
property line.
RECOMMENDATION
Based on the information contained herein, our office recommends that the City Council
make the following motion:
► Because the proposed variance does not meet all of the variance criteria
established by the City's Zoning Ordinance, and the fact the subject boats and
trailers can be stored on this site and meet all of the City's required accessory off -
street parking requirements, the City Council hereby denies the proposed
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variances.
pc: Mike Robertson
Mark Vierling
Larry Simonson
Jim Butler
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EXHIBIT A
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EXHIBIT B
57TH STREET
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EXHIBIT C
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I understand that Larry Simonson, living at 14301 57th Street North, is applying for a variance to
the city ordinance regarding the parking of trailers on residential property. ...
I understand the request is to allow continued parking of the boat and utility trailer in the south-
east corner of the lot, where improvements have already been made (removal of a tree which was
located directly under the power lines and removal of a large compost pile). Other planned
improvements include the application of poly and wood chips to restrict the growth of weeds and
grasses in the area. I support the use of wood chips rather than concrete, asphalt or rock as it
best suits the aesthetics of the surrounding yards.
The third trailer, a small fishing boat, is inconspicuously located behind the garage next to a line
of developed trees. It is essentially out of sight and should remain in its present location without
any modifications.
I am a neighbor of Larry Simonson and support the request for a variance. It is in the best
interests of the immediate neighborhood and surrounding community.
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EXHIBIT D