HomeMy WebLinkAbout2012-07-10 Fully Executed CUP & Variance Permit A . r •,
CITY OF OAK PARK HEIGHTS
CONDTTIONAL USE AND VARIANCE PERMIT
PORT OF SUNNYSIDE CLUB, INC
File No.: 236.02 -12.03 Date Issued: July 10,2012
Legal Description: (Washington County Geo. Code: 34.030.20.31.0115)
See Attached Exhibit "A"
Owner: 158 Club, Inc.
6413 St Croix Trail North
Oak Park Heights, MN 55082
Applicant/Taxpayer: Port of Sunnyside Club, Inc.
6413 St. Croix Trail North
Oak Park Heights, MN 55082
Site Address: same as Owner
Present Zoning District: R -3 Multiple Family District
Permitted uses set forth in Ordinance 401 Section 401.
I. CONDITIONAL USE AND VARIANCE PERMIT: 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.
II. Upon Review and following public hearing the City Council granted both permits with the following
conditions and requirements:
"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
• r
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.
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."
III. Reference Attachment:
The reports of the City Planner dated June 6, 2012 and site plan approved by the City Council are annexed
hereto by reference. Prior permits are not vacated by this amendment.
IV. Abandonment: This permit requires continuous use in order to preserve the Variance and Conditional Use
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
permits.
V. Annual review: Annual review is not imposed as a condition of this permit
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IN WITNESS WHEREOF, the parties have set forth t ': oxl • LI seals.
C%�i i HEIGHTS
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/ Eric Johnson
City Administrator
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PORT OF SUNNYSIDE CLUB, INC
Date: 9/ 6-11-- -- By A G.Log w.eue
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158 CLUB C
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EXIIIBIT "A"
LEGAL DESCRIPTION
All that part of Government Lot 3, Section 34, Town 30 N, Range 20 W, Washington County, Minnesota lying
South of the extension of the North line of Lot 5, Block 1, HERSEY STAPLES & CO'S ADD. TO
STILLWATER produced Eastwardly and East of said Addition; together with that part of Government Lot 4,
Section 34, Town 30 N, Range 20 W. Washington County, Minnesota and Lot 1, Block 1, HERSEY STAPLES
& CO'S ADD. TO STILLWATER lying Easterly of a line described as follows: Commencing at an iron on the
South line of said Lot 4 and the Easterly right -of -way line of the Chicago, St. Paul, Mpls. And Omaha Railway;
thence East (an assumed bearing) along the South line of said Lot 4, 553.87 feet to an iron; thence N 31° 54' 28"
W, 859.76 feet to an iron; thence N 27° 40' 31" W, 230 feet to an iron; thence N 63° 56' 16" W, 109.90 feet to
an iron; thence N 29° 16' 06" W, 360 feet to an iron; thence N 34° 44' 57" W, 96 feet to an iron, thence
Northwesterly along a tangential curve to the left, radius of 175.58 feet, central angle of 58° 50' for 180.29 feet
to an iron; thence S 86° 25' 03" W to the Easterly right -of -way line of said railway, thence Northerly along the
Easterly right -of -way line of said railway to the point of intersection with the South line of Lot 2, Block 1,
HERSEY STAPLES & CO'S ADD. TO STILLWATER, and there terminating; except the south 100 feet of
said Government Lot 4;
Excepting therefrom that part thereof conveyed to the Saint Paul, Stillwater and Taylor's Falls Railroad
Company;
Further excepting therefrom the retention and reservation by First Party for the benefit of the tract or
tracts of land lying immediately to the west of the aforesaid conveyed premises first above described of two
easements each twenty feet in width upon and across the conveyed premises first hereinabove described, for the
purpose of drainage of the tract or tracts lying immediately to the west of the conveyed premises, and of laying,
constructing, improving and maintaining underground drainage lines and pipes for such drainage, including the
right to enter upon said easement land and the immediately adjacent land at any time with necessary machinery,
toolls, equipment and manpower incidental to the accomplishment of such purposes, such easements to be located
along the existing two drainage lines or pipes and for ten (10) feet upon each side of the centerline of each, the
centerlines of said existing lines or pipes and of the said easements intersecting the westerly line of the conveyed
premise at points 150 feet and 440 feet, more or less, from the southwesterly corner of said conveyed premises,
and thence proceeding generally N 53° E and N 63° E, respectively, upon and across said conveyed premises to
the St. Croix River.
Subject to the ground lease of the St. Croix Yacht Club dated October 1953, as amended, and any extension or
renewal thereof, for the purpose of operating and conducting a yacht club in the building or buildings upon the
following described part of the premises hereinbefore described:
All that part of Government Lot 4, Section 34, Town 30, North, Range 20 West, described as follows:
beginning at a point on the North line of said Government Lot 4 said point being 628.45 East of the Northwest
corner of said Government Lot 4, thence South 74 degrees and 07 minutes East, a distance of 143 feet, thence
South 14 degrees and 21 minutes, east a distance of 110 feet, thence South 73 degrees, and 06 minutes East a
distance of 267.6 feet, thence North 71 degrees and 36 minutes East a distance of 57.6 feet, thence North 22
degrees and 42 minutes West, a distance of 20 feet to the place of beginning of the aforesaid parcel of land to be
leased to the St. Croix Yacht Club, thence North 22 degrees and 42 minutes West, a distance of 100 feet, thence
1 f a •
South 71 degrees and 36 minutes West, a distance of 75 feet, thence South 22 degrees and 42 minutes East a
distance of 100 feet, thence North 71 degrees and 36 minutes East a distance of 75 feet to the place of beginning.
Subject further to easements and restrictions of record, and subject to the easements of the State of
Minnesota for the construction, maintenance and improvement of a storm drain sewer existing upon the
conveyed premises from the westerly line thereof to the St. Croix River.
•
EXHIBIT "B"
PLANNERS REPORT AND SITE PLANS
• r . 1
TPC 3601 Thurston Avenue N, Suite 100
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 latte 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 Tess 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 latte 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 5120.5900, 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
On the Beautiful St. Croix River
�� • Port of Sunnyside Club, Inc. 6413 St. Croix Trail North
- • 651-439-1033
Stillwater, Minnesota 55082 • 651- 439 -2118 • Fax:
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,
$641/421e"^
Rick Chapman
General Manager
RECEIVED APR 2 6'2012
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Solara's Standard Colors are as follows: EXHIBIT - 5
Cameo
Adobe
Latte
White
Gray
Design tips:
It is best 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.
AlI colors are oven applied with an aluminum coating to meet the world's highest standards.
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Eco- Friendly
6 reasons why eve say Solara is the
Patio CoveronEarth: �_� �� - -"
•Made of maintenance free recyclable aluminum.
•Catches the natural rain water which can be stored - *N .
or diverted to garden or lawn.
,
•When shading it can save you on home cooling a
energy.
•When open it can provide valuable passive solar
rays to save on home heating energy.
•Because the open louvers will allow up to 98% of r .
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. '
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Shading your walls with Solara helps cool your
home in the hot months, un- shaded walls can be up
to 300% hotter. "°
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Durability and Cleaning " 441riellit 011 4
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 louvers to 130
degrees (cleaning mode) and you can wash off the ,, s.
top of the louvers from beneath with a garden hose..
Because it is made of aluminum Solara will never IN '
rust, rot, or fade. It comes with a lifetime limited
warranty.
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Adjustable Patio Cover
Changing hanging the wa,. you i link .ih(iut
shading systems.
Solara is 3 Patio Covers in 1.
44111111/Itidtill With Solara you only have to Buy one patio
cover to get the Benefits of Three different types
4`' r . of patio covers.
' `'� #1 Angled Pergola
` On a hot sunny day you will want to open your
` - 2/ i . Solara louvers till they shade the suu. Now you
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i, , - k Y will have 100% shade, full ventilation, and the
._4 +• `' ,, -- y maximum amount of light. That is what adjust - aail
r a y' f • `1 ' I ability is all about.
. . r I
I r..,: -i #2 Open Pergola
r, On cold ,unn‘ days you will want to open the
, Solara louvers 90 degrees. That will give you up
• .' ,-- . }...; ? «z , 1� 1 t 1 to 98/0 of the natural direct sunlight allowing the
jr . .% .r ¢r / i. - ` - �' . .? passive solar rays to warm up your patio and your
° , V -M` 11 home.
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' L ` #3 Solid Patio Cover
- t i i, On rainy or snowy days you can close your Solara
- •»'„ 1e ; 4 s ` . w,. t louvers all the way to protect your patio furnish -
. ':I. . ,n ings, barbeque, deck, and pets from the elements.
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Commercial Applications: •
Solara has been installed at NASA, U.S. National Parks Service, 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: . Av. patioco ver.us
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