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.
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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