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HomeMy WebLinkAbout2004-06-03 NAC Planning ReportNORTHWEST ASSOCIATED NSULTANTS, INC. 5775 Wayzata Boulevard, Suite 5551, St. Louis Parr. MN 55416 Telephone. 952.595.9636 Facsimile: 952.595.983 7 planners @nacplanning.com PLANNING REPORT To: Eric Johnson FROM: Scott Richards DATE: June 3, 2004 RE: oak Park Heights — Larry Phillips Property: 5272 Stagecoach Trail North FILE No: 798.07 -- 04.01 BACKGROUND Larry Phillips of 5272 Stagecoach Trail North has requested a rezoning of his property from I, Industrial to R -1, Single Family Residential District. Mr. Phillips has owned the property since January of 1988. On December 17, 2003, his home Was damaged by fire and is now unlivable. Mr. Phillips has requested a rezoning from I to R -1 to allow a new home to be constructed on the property. City maps dating to 1980 indicate that the property has been zoned I, industrial, at least since that time. The single family use and residential building are non -- conforming under Section 401.15.A of the Zoning ordinance. The city Building official has determined that the structure is destroyed more than 50 percent of its fair market value, thus not allowing it to be rebuilt under the non - conformity provisions. City staff has suggested three options for the Planning Commission /City Council to review if it is determined that the residential use of this property should continue: 1. Rezone the property to R -1 as requested by Mr. Phillips. 2. Rezone the property to O, Open Space conservation and grant a variance from the lot size requirements. 3. Leave the property Zoned I and grant a variance from Section 401.15.A.7 (acknowledging the structure is destroyed more than 50 percent of its fair market value). Each of the three options will be reviewed herein. Attached for reference: Exhibit 1: Aerial Photographs and Lot Lines Exhibit 2: Project Narrative Exhibit 3: Letter from Jim Butler to Larry Phillips, March 31, 2004 Exhibit 4: Letter from Larry Phillips to Mayor David Beaudet, April 27, 2004 ISSUES ANALYSIS Comprehensive Plan. The Phillips property is designated on the Comprehensive Plan as Highway Business/Warehouse. The area directly to the north is also designated under that category. The prison to be west is designated as Government Facilities. A change in zoning to R -1 or 0 would also necessitate a comprehensive Plan change. Zoning Map. Zoning maps on file in the NAC Inc. office indicated that the property has been zoned 1, Industrial since at least 1980. The 1, Industrial District does not allow single family residences as a permitted, conditional, or accessory use. Issues /Analysis Options. The following three options could be considered for Mr. Phillips if there is interest in allowing Mr. Phillips to rebuild a home on the property. 1. Rezone the property to R -'I as requested by Mr. Phillips. The surrounding zoning districts are 0, open Space conservation and 1, Industrial. Rezoning this property to R -1, Single Family Residential District would be spot zoning. Mark Vierling, the city Attorney, has indicated that this is not an option the city can take for this property. Spot zoning is not a legal option that can be pursued. 2. Rezone the property to o, open Space conservation and grant a variance from the lot size requirements. There is an adjoining 0, open Space Conservation District immediately to the west and south of this property. The 0 District allows single family dwellings as a permitted use with a minimum lot area of five acres and a lot width of 200 feet. The lot is approximately 1.29 acres in size and has a width of 105 feet. In that it is a legal lot of record, the lot width is conforming to the 0 District requirements. A variance would need to be granted to allow for construction on a parcel less than five acres in size. If the city rezones the property o District and grants a variance, the property would also need to conform to 0 District setback requirements. A 50 foot front yard, 30 foot side yard, and 50 foot rear yard would be required. The existing house currently meets those setbacks. In considering a variance from the lot size, the city must consider the following: 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. 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. 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. A case could be made for hardship in that this is an existing lot of record, it has existed as a single family lot /property long before the introduction of zoning, and there are few uses that the property could be used for with the existing I District zoning. Additionally, the fire has created a special condition or circumstance for the property owner that would be addressed by a variance. 3 3. Leave the property zoned l and grant a variance from Section 401.15.A.7 (acknowledging the structure is destroyed more than 50 percent of its fair market value). The non - conformity section of the Zoning ordinance allows for limited flexibility for properties that are destroyed by fire or act of God. Section 401.15.A.7 allows the following: Destroyed Non - Conforming Use. If at any time a non- conforming building, structure or use shall be destroyed to the extent of more than fifty (50) percent of its fair market value, said value to be determined by the City, then without further action by the City Council, the building and the land on which such building was located or maintained shall, from and after the date of said destruction, be subject to all the regulations specified by these Zoning regulations for the district in which such land and buildings are located. Any building which is damaged to an extent of less than fifty (50) percent of its value may be restored to its former extent if it is reconstructed within twelve (12) months after the date of said damage. Estimate of the extent of damage or destruction shall be made by the Building official. This property was destroyed by more than 50 percent, in the opinion of the Building official, as outlined in his March 31, 2004 letter to Mr. Phillips. Additionally, Mr. Phillips will not build the same structure as what existed on the property. He is working with an architect to design a new structure and foundation. A variance could be granted to allow for a new structure to be built on the property in variance from the provisions of Section 401.15.A.7. The same criteria for granting a variance (as listed above) from this provision must be reviewed. The hardship for granting this variance would be that the property has existed as a single family property before the implementation of Zoning in oak Park Heights and that the variance is required because of a fire and not from action of the applicant. Sewer and water. The property is served by a private well and septic system. If the City allows for the house to be rebuilt, Mr. Phillips will need to demonstrate that the well is safe and that the septic system will work for the property. Well tests and certification that the septic system is working or plans for a new septic on the property will be required before a building permit can be issued. In the alternative, the property could be served by City water but a lift station or force main would be required to provide sanitary sewer service. Floodplain[ watershed District. Construction of any new structure on the property will need to comply with all floodplain regulations and with requirements of the Middle St. Croix Watershed District. CON CLUSIONIRECOM MEN DATION City staff has provided two options in addition to the one option applied for by Mr. Phillips to allow for a single family dwelling to be reconstructed on this property. If there is interest in allowing Mr. Phillips to rebuild, staff recommends the city consider leaving the property zoned I District and granting a variance from the non - conformity section of the Zoning ordinance, No matter which option is pursued, the following conditions should be added to the motion for approval: 1. The property is reconstructed as a single family dwelling. 2. The well and septic system will be tested with results forwarded to the city before issuance of a building permit. If a new well or septic system is required for the property, they shall be constructed and operational before a certificate of Occupancy is issued by the Building official. 3. All setbacks of the applicable zoning district shall be complied with for a new structure. 4. The property shall be in compliance with floodplain regulations, and shall be subject to review and approval of the City Engineer and Middle St. Croix Watershed District. Project Narrativto 1 application is for rezoning from Industrial to RI F"'i *n April 27, 2004, the Mayor Beaudet. note application. Think about property, not alwa someone put Kril City of Oak Park Heights 14168 Oak Park Blvd N.s Box 2007.Oak Park Heights, MN 55082 • (651) 439 4439 •Fax 439 -0574 March 31, 2004 Mr. Larry Phillips 5272 Stagecoach Trail, N. Oak Park Heights, MN 5032 CERTIFIED MAIL - RETURN RECEIPT REQUESTED Re: Non - conforming use fire damage calculation Subject Address: 5272 Stagecoach Trail, N. (03.029.20.31.0005) Dear Mr. Phillips: City Ordinance directs that non - conforming structures destroyed beyond 50% of their Fair Market Value TMV) as determined by the City, must be removed. Your property at 5272 Stagecoach is a singe family residential dwelling located within an area zoned industrial (I) and is considered to be non- conforming. The Washington county Assessor's Office states that your ASSESSED VALUES are $127,200 for the dwelling structure and $75,000 for the land. You had indicated that the estimated cost to restore your property to a pre -fire condition is $179,000; considerably more than 50% of your ASSESSED VALUE totaling $63,600. ($127,200 x .50 $63 Granted, the ASSESSED VALUE is not necessarily the Fair Market Value, but if 20% is added to the ASSESSED VALUE, to befter estimate a Fair Market Value, the total for reconstruction of $179,000 would still be greater than 50% of the ASSESSED VALUE plus 20 %. [.50 X ($127,200 x 1.20) = $76,320) At this time, I am informing you that per city Ordinance 401.15, A.7 the dwelling at this property address may not be reconstructed as it is non - conforming to the property's zoning and the damage to the structure is in excess of 50% of the FMV. Additionally, the structure must be removed from the property. You are invited to contact us to discuss this matter further and provide any additional information that you believe would be helpful to the determination of the status of your structure under the city code. We would ask that you do so promptly. Unless a different determination is made by the city of Oak Park Heights, the structure must be demolished and any existing wells, tanks, etc. closed /capped off. Said demolition will require a permit from the city of Oak Park Heights and must be completed no later than Friday, July 1, 2004. At this time, I am advising you that the structure is to be considered hazardous. Please secure the building to prevent unauthorized entry. If you have any questions regarding this Information, kindly contact me. �� EXHIBIT 3 Butl , 7 Building Official April 27,2004 Mayor David Beaudet Box 2007 Oak Park Heights, M 55082 Dear Mayor Beaudet: I have received a letter from the City dated March 31, 2004 regarding the future use of my property. It indicates that the fire destroyed more than 50% of the fair market value of my home and cannot be rebuilt since this property is zoned industrial. The numbers used to calculate the value of my home and the reconstruction costs are not accurate. I have contacted an appraiser to review the fair market value of my home prior to the fire and getting cost estimates to repair the damage. The value of my home not totally destroyed by the fire has a negative value, according to your calculations. The foundation is sound as are the first floor outside walls, etc. I look forward to resolving the issue of any home and at this time will not be able to comply with your July 1, 2004 demolition date. I believe that my home is less than 50% destroyed and, therefore can be rebuilt. In the event that I cannot rebuild or it's economically not viable to rebuild my home under the current zoning, what can I do with a nonconforming lot (because of the topography) that's zoned industrial? Is the city going to deprive me of all beneficial use of it? I'm I to loose all or nearly all of the value of the property? Please advise nee as to what the City suggests as a resolution to this problem. (City purchasing the lot, rezoning to residential, etc.) Sincerely. 1 Lar hillip Larry Phillips 5272 Stagecoach Trail N Oak Park Heights, MN 55082 651-343-7248 EXHIBIT 4