HomeMy WebLinkAbout99-76 - ADMIN Resolution - City Council - 1999/06/21RESOLUTION NO. 9 9 7 6
RESOLUTION UPHOLDING AND REVERSING,
IN PART, THE DECISION OF THE BOARD OF
ZONING APPEALS (BOZA) RELATING TO THE ALLOWED
HEIGHT, SIZE, AND USE OF AN ACCESSORY
STRUCTURE LOCATED AT 4312 COOLIDGE AVENUE
BE IT RESOLVED BY THE CITY COUNCIL OF ST. LOUIS PARK,
MINNESOTA:
BACKGROUND
• On September 24, 1998 the City of St. Louis Park issued a building permit to
Michael Christianson to construct a garage in the rear yard of 4312 Coolidge Avenue.
During construction, a complaint was received regarding the construction of the
garage and its proposed height.
• The Zoning Administrator subsequently made a determination as to the application of
the zoning ordinance relating to height, size and use.
• On March 15, 1999, a request was filed by Attorney John Miller representing John
Mohler, 4313 Brook Avenue, appealing the determination of the Zoning
Administrator.
• On April 22, 1999 the Board of Zoning Appeals (BOZA) held a public hearing,
discussed the application and made the following findings:
a. The Zoning Administrator interpreted and enforced the zoning ordinance
correctly.
b. The garage being constructed does not exceed the maximum height or size,
nor will its use be contrary to the intent of the Zoning Ordinance.
• Attorney Miller on behalf of John Mohler appealed the decision of the BOZA to the
City Council.
• On June 7, 1999, the City Council heard the appeal and directed staff to prepare this
resolution setting forth its Findings of Fact and Decision.
FINDINGS OF FACT
Maximum Size.
1. City Code Section 14:5-4.1 A.7.e. states, in part:
The total ground floor area of all accessory buildings shall not
exceed 25 percent of the area between the principal structure
and rear lot line and in the "R-1", "R-2", or "R-3" districts, it
shall not exceed eight hundred (800) square feet. Except in the
"R-3" district, the total ground floor area of all accessory
buildings shall not exceed either one thousand two hundred
(1,200) square feet or 25 % of the area between the principal
structure and rear lot line for a two-family dwelling unit. No
single accessory building may exceed eight hundred (800) square
feet.
2. The subject property is zoned R-2. Section 14:5-4.3.E.1 provides that a
private garage in the R-2 district cannot "exceed 800 square feet or 25 % of the rear lot area,
whichever is less."
3. The reference to ground floor area in the general section on accessory uses and
the alternate measurement of 25 % of the rear lot area (which can only mean ground floor
area) or 800 square feet in both of the above sections means that the 800 square foot
maximum size of garages in the R-2 zone refers to the ground floor area.
Use.
4. The garage has a second floor.
5. Section 14:3-1 defines "dwelling unit" as follows:
One or more rooms physically arranged so as to create an
independent housekeeping establishment for occupancy by one
family with separate toilets and facilities for cooking and
sleeping.
6. The plans approved by the City do not include any toilet or kitchen facilities in
the garage.
7. The second floor of the garage is not a dwelling unit.
Height.
8. Section 14:5-4.1A.7.f. provides that the height of an accessory building in an
"R" district will not exceed fifteen (15) feet.
9. Section 14.3-1 defines "building height" as follows:
A distance to be measured from the mean curb level along the
front lot line or from the finished grade level for all that portion
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Reso1utionlo. 99-76
of the structure having frontage on a public right-of-way
whichever is higher to the top of the parapet or rooftop
equipment, whichever is higher, of a flat roof; to the deck line
of a mansard roof; to a point on the roof directly above the
highest wall of a shed roof; to the uppermost point on a round
or other arch type roof; or to the mean distance of the highest
gable on a pitched or hip roof.
10. This garage has a multi -featured roof assembly. It has a gable roof section
facing east to the street. It also has a gable roof section running north and south parallel to
the public street.
11. "Gable" is not defined in the code. Section 14:2-1 provides that terms not
defined in the code shall have the meaning found in the most recent addition of Webster's
Unabridged Dictionary, which defines "gable" to mean the triangular wall enclosed by the
sloping ends of a ridged roof.
12. Section 14:3-1 requires that the building height be measured from the finished
grade level on the side of the garage facing the street to the mean distance of the highest
gable, which on this garage are on the north and south sides. The mean distance of the north
and south gables will be measured as shown on Exhibit I attached hereto.
13. The Zoning Administrator determination, upheld by the BOZA, measuring the
height at the mean distance of the east facing gable is incorrect.
DECISION
Based on the above Findings of Fact, the City Council hereby affirms the BOZA
decision relating to the garage size and use. The BOZA decision relating to height is
reversed. The Zoning Administrator shall measure the height of this garage as set forth in
the above Findings.
Review = d for Administration:
ity Manager
ATTEST:
c
Cthia Larsen, City Clerk
Approved by the City of St. Louis Park
June 21, 1999
CITY OF . L S PARK
By:
Jacobs, Mayor
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