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HomeMy WebLinkAbout2012-06-18 CC Meeting Packet Enclosure vizA . Oak Park Heights Request for Council Action Meeting Date June 18, 2012 Agenda Item Port of Sunnyside Club, Inc., (Sunnyside Marina) Request for Setback Variance and Conditional Use Permit Time Req. 5 Agenda Placement New Business Originating Department/Requestor Administration/Eric Johnson Requester's Signature /St Action Requested Discussion and possible approval of Resolution with any changes Background/Justification (Please indicate any previous action has been taken or if other public bodies have been advised). See attached. rXHIR 0 IT _ , (.... , . / . . Es: N MN 1.••••••••••■• .. .,, .... ,.. • ... Ali 0 1.■..... .t. Z -. 1 C ee C 0- a •••-, 04 "c 0 - o 04 0 .• o ' 0 • 4 . IA re L. • \ 04 —. ....... , . . Ve Ire , Ye . 0 re .. . 0 re s - . , , •*.t , ..,. •-•_. lts • .:. 1 .t .ST CROIX_ RIVER . . • PAA cl i' '''' • ta. _.. was ora 7•.--, , 1 . 1 r:simenneiguilal , .,, I . 1 I . 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'Because the open louvers will allow up to 98% of the natural light in, it can save on home and patio ' lighting energy. -When the louvers are closed Solara will protect your patio deck, furnishings, and appliances from the weather, saving you from having to replace them early. �.. Shading your walls with Solara helps cool your home in the hot months, un- shaded walls can be up to 300% hotter. k • +, t at , , Durability and Cleaning *+• The heavy -duty rafters, beams, and posts are de- signed to endure high winds and snows. Solara can : be engineered to withstand 701bs psf of snow and up to 120 mph winds. Open the Solara to 130: degrees (cleaning mode) and you can wash off the top of the louvers from beneath with a garden hose. ! e Because it is made of aluminum Solara will never rust, rot, or fade. It comes with a lifetime limited r warranty. .ra Adjustable Patio Cover Changing the way yOLi think about shading systems. f ,� , Solara is 3 Patio Covers in 1. p ,_; With Solara you only have to Buy one patio cover to get the Benefits of Three different types of patio covers. . #1 Angled Pergola "` On a hot sunny day you will want to open your r Solara louvers till they shade the sun. Now you ' will have 100% shade, full ventilation, and the } ---- - maximum amount of li,ht. That is what adjust- ability is all about. #2 Open Pergola On cold sunny days you will want to open the t ` ; Solara louvers 90 degrees. That will give you up +` t ; to 98% of the natural direct sunlight allowing the 1 : passive solar rays to warm up your patio and your r "' home. s #3 Solid Patio Cover On rainy or snowy days you can close your Solara louvers all the way to protect your patio furnish- .. ings, barbeque, deck, and pets from the elements. , . -- x� r ' S I ' y . W l k..-, t ,- ,1, c. t '' ,„.. 4 . , $x ft, lz itaa Xf � MI yam, � k u a i.„,,3 zn ,0 , Ib - °e iv R t v t \ 1 1_ s ,, ° f g , ' g 0 T* 4 1 ' Aye �s q I 6 ,.' +'S \'' t Vi41104.4 1i l' � vr , 's. . ' i r ' Conzm.ercial Applications: Solara has been installed at NASA, U.S. National Parks Serv Restaurants, Employee Shelters, and other commercial installations throughout the world. Solara has also been featured on Home and Garden TV on the Carter Can Show. for more information: www.patiocover.us CLOSE , . ,_ ....,1,,w_ec.,,..„..,,,,,4„,:,:i.,,„,„5„,i.,...._,,,,._„......„..„4„...,17,4400,4e,,,a,,, ..,.**=Alt: ' -- '----'- f +t, -: ... = ..- : te .,,. xµ ..... %, • F-a Y t T, -4 n 1410 T P P E N l ett 1.44 0 17,141 4 ■ gieli , • • _ � .4011e‘ , . ._ fc • D • ■ ■ • III ■ ■ • ■ • II a til 1 y. 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Sx . j� ,tf V , y . t C�91 :i � .. ► t ` 7 of f � • 'i. fix _• L' - Y t - t .! 4 +y 1 ' . t.. r ►i ce `� • Solara's Standard Colors are as follows: EXHIBIT - 5 Cameo Adobe Latta White i Gray Design tips: It I. 3st to paint the roof louvers in neutral bright tones, like creme (bright colors inspire a sense of open space), and to have the patio cover poles match the exterior walls or the house's window frames. All colors are oven applied with an aluminum coating to meet the world's highest standards. 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 THE PORT OF SUNNYSIDE CLUB, INC. FOR A CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW FOR CONSTRUCTION OF EIGHT SHADE STRUCTURES AT SUNNYSIDE MARINA LOCATED AT 6413 ST. CROIX TRAIL NORTH SHOULD BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from the Port of Sunnyside Club, Inc. for a Conditional Use Permit and Variance to allow for construction of eight shade structures at Sunnyside Marina located at 6413 St. Croix Trail 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 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 B and 3. The property is zoned R -3 Multiple Family District in which marina and boat storage facilities are a listed conditional use; and 4. A Conditional Use Permit is required to allow the shade structures in the River Impact District; and 5. A Variance is required in that the structures will be within the 100 foot setback from the Ordinary High Water Level of the St. Croix River; and 6. City staff prepared a planning report dated June 6, 2012 reviewing the request; and 7. Said report recommended approval of the Conditional Use Permit and Variance subject to the fulfillment of conditions; and 8. The Planning Commission held a public hearing at their June 14, 2012 meeting, took comments from the applicants and public, closed the public hearing, and made the following recommendation: NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION FOR THE CITY OF OAK PARK HEIGHTS THAT THE PLANNING COMMISSION RECOMMENDS THE FOLLOWING: A. The application submitted by the Port of Sunnyside Club, Inc. for a Conditional Use Permit and Variance to allow for construction of eight shade structures at Sunnyside Marina located at 6413 St. Croix Trail North and affecting the real property as follows: SEE ATTACHMENT A The Planning Commission recommends to the City Council of the City of Oak Park Heights approval of the Variance subject to the following findings of fact: 1. The applicants have proposed the shade structures to allow shade and protection for the users of the eight patio areas. 2. The shade structures will not have a negative impact to the shoreline in this highly developed area. 3. The shade structures will be painted a color that will blend with surroundings. 4. Lack of natural shade in these areas necessitates the shade structures to allow use of the patio areas. The approvals are subject to the following conditions: 1. There should be no permanent or temporary lighting installed on the shade structures. 2. No signage shall be installed on the shade structures. 3. Footings and installation of the shade structures shall require a building permit subject to review and approval of the Building Official. 4. The color of the structures shall be of earth or summer vegetation tones. 2 5. The City Administrator may order the structures to be removed if it is thought that they may obstruct the flow of flood waters or become lose and be caught up in the current. 6. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency, if applicable. Recommended by the Planning Commission of the City of Oak Park Heights this 14 day of June, 2012. Jennifer Bye, Chair ATTEST: Eric A. Johnson, City Administrator 3 TPC 3601 Thurston Avenue N, Suite 100 ENC LOSURE Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPC@PlanningCo.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: June 6, 2012 RE: Oak Park Heights — Sunnyside Marina: Conditional Use Permit and Variance — Patio Shade Structures FILE NO: 236.02 — 12.03 BACKGROUND Rick Chapman, General Manager for the Port of Sunnyside Club, Inc. has made applications for a variance and conditional use permit to allow construction of eight shade structures over existing patio areas at the Sunnyside Marina. The structures will be within the required setback area of the St Croix River. The variance is required for the proposed setbacks from the St Croix River and a conditional use is required for a building permit within the River Impact District. Attached for reference: Exhibit 1: Letter from Rick Chapman, April 26, 2012 Exhibit 2: Diagram of Patio /Shade Structure Locations Exhibit 3: Information on Solara Shade Systems Exhibit 4: Picture of Installed Shade Structure Exhibit 5: Color Sample PROJECT DESCRIPTION Mr. Chapman has provided a description of the shelters in the exhibits listed above. The shelters will be installed over existing patio areas; all of which are within 20 feet from the Ordinary High Water Level of 675 feet. The structures are nine feet, six inches in height. The color of the structures has not yet been selected but it will need to be a natural color that will be of earth or summer vegetation tones. A Sunnyside Marina committee has indicated that it may be an adobe, cameo or Iatte color. Mr. Chapman may have additional information regarding the choice of color at the Planning Commission meeting. All of the structures would be bolted to a concrete footing. The final installation shall be subject to review and approval of the Building Official. The sizes of the structures will vary based upon the sizes of the patios: Structure 1: 13 feet x 20 feet Structure 2: 20 feet x 24 feet Structure 3: 12 feet x 20 feet Structure 4: 12 feet x 22 feet Structure 5: 11 feet x 18 feet Structure 6: 16 feet x 21 feet North: 16 feet x 17 feet Main: 13 feet x 28 feet Comprehensive Plan. The Comprehensive Plan designates this area as commercial land use. The marina use is consistent with the commercial land use designation. Zoning Ordinance. The site is zoned R -3 Multiple Family District. Marina and boat storage facilities are a listed conditional use permit in that district. A CUP is also required to allow the shade structures in the River Impact District. A variance is required in that the structures will be within the 100 foot setback from the OHWL of the St Croix River. Lower St Croix River Management Rules. The Lower St Croix National Scenic Riverway rules, as authorized by Minnesota Statutes, have been adopted by the City of Oak Part Heights by reference. The setback requirements require that any structure, such as the proposed shade structures, be setback at least 100 feet from the OHWL. The structures are required to be less than 35 feet in height. As proposed, the structures shall not exceed 9 feet, 6 inches in height. Additionally, the exterior color of the new structures is required to be of earth or summer vegetation tones, unless completely screened by the river by topography. The proposed structures will be in full view of the river. It is suggested that the structures be an earth tone color, possibly the adobe or Iatte colors that have been indicated. Floodway. From the FEMA maps it appears that all of the shade structures are within the Special Flood Hazard Areas. Minnesota Rules, Section 6120.5800 indicate provisions for structures within the floodway: B. Structures accessory to the above uses and commercial excavation and stockpiling of materials may be permitted if: (1) structures are not intended for human habitation; (2) structures will have a low flood damage potential; 2 (3) structures or stockpiles of materials, if permitted, will be constructed and placed so as to offer a minimal obstruction to the flow of flood waters; (4) structures will be firmly anchored to prevent flotation; and (5) service facilities within these structures, such as electrical and heating equipment, will be at or above the flood protection elevation for the site as described in part 6120.5700, subpart 5, or adequately floodproofed as provided in part 6120.5900, subpart 3, item D. Comment: The structures will not be used for habitation, will be firmly anchored and will be a very low obstruction to the flow of flood waters. The City will add a condition that in the case of a flood, the City Administrator may order the structures to be removed if it is thought that they may obstruct the flow of flood waters or become lose and be caught up in the current. Lighting. The shade structures are not proposed to be lit. No lighting shall be allowed on the structures. Signage. No signage shall be allowed on the structures. Grading and Drainage. There is no grading of the sites in that the shade structures will be placed over existing patio areas. The shade structures will not have a solid roof structure that will require any changes to the drainage around the structures or patios. Design Guidelines. These accessory structures will be compatible with the Design Standards. Department of Natural Resources. The Department of Natural Resources (DNR) has been notified of the request. Molly Shodeen, the Area Hydrologist of the DNR is aware of the request and has not expressed any concerns to date. Variance. The Planning Commission and City Council should consider the following criteria of Section 401.04.A of the Zoning Ordinance regarding variances: 401.04.A General Provisions and Standards 5. Conditions. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. 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. 04 -2. 1) 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. 3 2) 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. 3) 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. b. 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. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. d. 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. e. The request is not a result of non - conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. h. The request does not create an inconvenience to neighboring properties and uses. Comment: Overall, the shade structures will not have a significant impact to the shoreline in this area in that is already a highly developed area. If they were proposed in a natural area, there would be significantly more impact. The shade structures are being placed mainly for the comfort of the people that utilize the existing patios. There is no negative impact created by the structures, but there is really no special circumstances, hardship or "practical difficulties" that warrant the granting of a variance. The Planning Commission and City Council should consult with the applicant as to their reasoning why a variance should be granted for the shade structures. Conditional Use Permit — River Impact District. The placement of the eight shade structures is subject to a CUP under the River Impact District. The Planning Commission should consider the conformity, and impacts of the proposed project in making its recommendation. The conditional use permit criteria, found in Section 401.03.A.7 of the Zoning Ordinance, are found as follows: 1. Relationship to the specific policies and provisions of the municipal comprehensive plan. 2. The conformity with present and future land uses in the area. 3. The environmental issues and geographic area involved. 4 4. Whether the use will tend to or actually depreciate the area in which it is proposed. 5. The impact on character of the surrounding area. 6. The demonstrated need for such use. 7. Traffic generation by the use in relation to capabilities of streets serving the property. 8. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 9. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). Comment: The shade structures will not have a negative impact to the shoreline in this is a highly developed area. The areas are already in use by people that are utilizing the patios. There are no negative environmental issues, traffic issues or impact to public services. CONCLUSION AND RECOMMENDATION Based upon the preceding review, the Planning Commission and City Council will need to consider the variance and CUP criteria. City Staff does not see an issue with granting a CUP for this request, but requests that the Planning Commission consult with the applicant to determine if there are any special conditions or hardships that warrant this variance. Findings of fact related to the variance and CUP will be created based upon the Planning Commissions findings. If the application is recommended for approval, City Staff recommends the following conditions: 1. There should be no permanent or temporary lighting installed on the shade structures. 2. No signage shall be installed on the shade structures. 3. Footings and installation of the shade structures shall require a building permit subject to review and approval of the Building Official. 4. The color of the structures shall be of earth or summer vegetation tones. 5. The City Administrator may order the structures to be removed if it is thought that they may obstruct the flow of flood waters or become lose and be caught up in the current. 6. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency, if applicable. 5 EXHIBIT 1 le& On the Beautiful St. Croix River Port of Sunnyside Club, Inc. 6413 St. Croix Trail North Stillwater, Minnesota 55082 • 651 -439 -2118 • Fax: 651- 439 -1033 MARINA April 26, 2012 Eric Johnson City Administrator City of Oak Park Heights 14168 Oak Park Boulevard North P.O. Box 2007 Oak Park Heights, MN 55082 -2007 Dear Eric: The Port of Sunnyside Club, Inc. is attempting to install a shade providing structure over their eight existing picnic areas. The product is called "Solara Adjustable Patio Cover" and would be installed by • Poolside of St. Paul. At your request, I presented plans to Scott Richards at City Hall on Wednesday moming, April 25, 2012. Scott reviewed my proposal and sent an e-mail at the end of the day. In the e- . _mail he referenced the language included in the "Model Shoreland Ordinance ". Based on the language - of the ordinance, the Port of Sunnyside Club, Inc. would like to request two variances to the ordinance: "B. Water- oriented Accessory Structures. Each lot may have one water - oriented accessory structure not meeting the normal structure setback in Section 5.21 of this ordinance if this wateroriented accessory structure complies with the following provisions: The Port of Sunnyside Club, Inc. is requesting to build eight of these structures (2) the setback of the structure or facility from-the ordinary high water level must be at least ten feet; The Port of Sunnyside Club, Inc. is requesting a variance to this ten foot rule. At normal pool elevation of 675.4 feet above Sea Level these picnic areas are well over twenty feet from the shoreline, however at 685 feet above Sea Level each of the areas would be within ten feet of the shoreline. Thank you very much for your consideration of this request Please let me know if any additional documentation is required of the Port of Sunnyside Club, Inc. • Sincerely, Rick Chapman General Manager • RECEIVED APR 2 6.2012 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 THE PORT OF SUNNYSIDE CLUB, INC. FOR A CONDITIONAL USE PERMIT AND VARIANCE TO ALLOW FOR CONSTRUCTION OF EIGHT SHADE STRUCTURES AT SUNNYSIDE MARINA LOCATED AT 6413 ST. CROIX TRAIL NORTH BE APPROVED WITH CONDITIONS WHEREAS, the City of Oak Park Heights has received a request from the Port of Sunnyside Club, Inc. for a Conditional Use Permit and Variance to allow for construction of eight shade structures at Sunnyside Marina located at 6413 St. Croix Trail 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 B and 3. The property is zoned R -3 Multiple Family District in which marina and boat storage facilities are a listed conditional use; and 4. A Conditional Use Permit is required to allow the shade structures in the River Impact District; and 5. A Variance is required in that the structures will be within the 100 foot setback from the Ordinary High Water Level of the St. Croix River; and 6. City staff prepared a planning report dated June 6, 2012 reviewing the request; and 7. Said report recommended approval of the Conditional Use Permit and Variance subject to the fulfillment of conditions; and 8. The Planning Commission held a public. hearing at their June 14, 2012 meeting, took comments from the applicants and public, closed the public hearing, and recommended that the application be approved 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 the Port of Sunnyside Club, Inc. for a Conditional Use Permit and Variance to allow for construction of eight shade structures at Sunnyside Marina located at 6413 St. Croix Trail North and affecting the real property as follows: SEE ATTACHMENT A The City Council of the City of Oak Park Heights approves the Variance subject to the following findings of fact: 1. The applicants have proposed the shade structures to allow shade and protection for the users of the eight patio areas. 2. The shade structures will not have a negative impact to the shoreline in this highly developed area. 3. The shade structures will be painted a color that will blend with surroundings. 4. Lack of natural shade in these areas necessitates the shade structures to allow use of the patio areas. The approvals are subject to the following conditions: 1. There should be no permanent or temporary lighting installed on the shade structures. 2. No signage shall be installed on the shade structures. 3. Footings and installation of the shade structures shall require a building permit subject to review and approval of the Building Official. 2 4. The color of the structures shall be of earth or summer vegetation tones. 5. The City Administrator may order the structures to be removed if it is thought that they may obstruct the flow of flood waters or become lose and be caught up in the current. 6. The plans are subject to review and approval of the Department of Natural Resources and any other state or federal regulating agency, if applicable. Approved by the City Council of the City of Oak Park Heights this 18 day of June, 2012. David Beaudet, Mayor ATTEST: Eric A. Johnson, City Administrator 3