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Home My WebLink About2008-03-19 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION ._ ... � COUNCIL AGENDA MEETING ITEM # /� �° DATE 3/19/08 / • J � Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR ��..��.,��.��,��.,� COUNCIL ACTION REQUEST: Consider approving a conditional use permit to allow for a totai of 3,500 square feet for two detached accessory structures and a building height of 22 feet on the property located at 6580 Kirkwood Avenue. STAFF RECOMMENDATION: Adopt the resolution approving the conditional use permit to allow two detached accessory structures in excess of the maximum size permitted on the property at 6580 Kirkwood Avenue. ADVISORY COMMISSION ACTION: DATE � PLANNING 2l25/08 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from John M. Burbank dated 3/14/08 � RESOLUTBON: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from 2/25/08 Planning Commission Minutes ADMINISTRATORS COMMENTS: DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ A� f , r / � � �. . .r.�rl��-�-,, � �L� �a� City Administrator Date ��,��.�.��.��,,��,,,...� COUNCIL ACTION TAKEN: [� PPROVED ❑ DENIED ❑ OTHER � � CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: March 14, 2008 RE: Conditional Use Permit for Accessory Structures at 6580 Kirkwood Avenue Proposal Tracy Mann has applied for a conditional use permit to allow for two detached accessory structures in excess of the maximum size permitted on the property Iocated at 6580 Kirkwood Avenue South. Location Map � �.w�� < .� � �— d3 0 1 � d319 ' i I � ~ �� ,.;sss .�pw�n j OF ��I i i , •�; • •.: ��,. The Planning Commission reviewed this application at their meeting on February 25, 2008. There was no public testimony on the proposal and the Planning Commission unanimousiy recommended approval of tne conditional use permit subject to the conditions in the staff report. Honorabie Mayor, City Council, and Ryan Schroeder Mann Oversized Accessory Structures — Case CUP08-005 March 14, 2008 Page 2 of 4 They added a condition that neither accessory structure could be used for commercial purposes. An excerpt from the Pianning Commission minutes is attached. . . . The property is currently vacant, but the Manns plan on constructing a single-family residential house and two detached accessory sYructures. Mr. Mann recently approached the Building Division about the requirements for accessory buildings on his property. After reviewing the available options, the applicant chose to apply for a conditional use permit (CUP) under Title 11- 3-3E, which is listed below. The CUP process identified in this section allows for property owners to exceed the maximum ordinance criteria by up to 40 percent or to increase height. A copy of the site sketch submitted by the appiicant is attached. Property Characteristics Most of the property is flat, with a gradual slope to the eastern third. A variety of trees are located on the site with the most prominent clusters lining the perimeter and the flat bench area. An unimproved pubiic road right-of-way for 68th Street abuts the property in the southeast corner. The probability of the western extension of this right-of-way through required dedication in a future subdivision process should be considered when placing all structures on the property. The applicanYs 5.3-acre single family residential property is located west of the Old Cottage Grove neighborhood within the Metropolitan Urban Service Area (MUSA). The development staging for the area is not planned for 10 to 15 years. The installation of new private weils will be Honorable Mayor, City Council, and Ryan Schroeder Mann Oversized Accessory Structures — Case CUP08-005 March 14, 2008 Page 3 of 4 allowed in this area under current developrnent policies for existing Iots of record with a minimum size of 1.5 acres. Future subdivisions that are not in a current development staging disfrict are planned to be restricted to 20-acre minimums in the near future. Prior to construction, a septic percolation test must be completed and approved by Washington County. Planning Considerations The ordinance allows for the requested oversizing and height modification. One of the benefits of utilizing the CUP process is that the City may require removal of the buildings if the property is subdivided and the larger rurai character buildings would no longer be appropriate. Based on the additional 40 percent in building size is allowed by CUP, a total of 3,500 square feet can be allowed for up to two accessory buildings. The applicant has indicated that the larger of the proposed accessory structures would be 2,500 square feet and the additional 1,000 square feet would be utilized for a second structure. The site is heaviiy screened and will not cause an irnpact to adjacent properties. The proposed building pad locations are located further back than the adjacent homes are situated. The attached site detail has information on the proposed finish material for each structure. No pictures were provided. Wainscoting is also proposed to be utilized. Ordinance Requirements Title 11-3-3 ailows for accessory structures in the R-1 zoning district up to 2500 square feet in size and 20 feet in height. Title 11-3-3E states: E. Miscellaneous Requirements: 1. Accessory structures greater than that permitted in subsections B and D of this Secfion may be approved by conditiona! use permit if in compliance with Section 11-2-9 of this Title and the following standards are met: a. There is adequate setback, screening, or topography changes that buffer the proposed structure from adjacent public roadways or adjacent properties. b. The proposed building height or building square footage does not exceed the ordinance criteria as specified in subsection 8 or p of this Section by more than twenfy percent (20%) within the Metropolitan Urban Service Area (MUSA) and forty percent (40%) outside the MUSA. c. Setback distances are increased five feet (5) for each one foot (1) of height or one hundred (100) square feet of size increase or fraction thereof. d. If future site development renders the structure nonconforming, the building must be brought into compliance or removed as a condition of the development approval. Honorable Mayor, City Council, and Ryan Schroeder Mann Oversized Accessory Structures — Case CUPOS-005 March 14, 2008 Page 4 of 4 Pu61ic Hearing Notices Public hearing notices were mailed to the 22 property owners who are within 500 feet of the property. These notices were maiied on February 13, 2008. ;- .u�r-r:,' •�. Approve the conditional use permit to allow for a total of 3,500 square feet for two detached accessory structures and a building height of 22 feet on the property located at 6580 Kirkwood Avenue South, subject to the conditions listed in the attached draft resolution. I: T�� i 7� 1 j � L�7 .1. I�x i F� 4: i: 1 A RESO�UTION APPROVING A CONDITIONAL USE PERMIT TO A�LOW FOR A TOTAL OF 3,500 SQUARE FEET FOR TWO DETACHED ACCESSORY STRUCTURES AND A BUILDING HEBGHT OF 22 FEET ON THE PROPERTY LOCATED AT 6580 KIRKWOOD AVENUE SOUTH WHEREAS, Tracy Mann has made application for a conditionai use permit to allow for a total of 3,500 square feet for two detached accessory structures and a building height of 22 feet on the property legally described as: �ot 1, Block 1, Lindenwood 1st Addition, Cottage Grove, Washington County, Minnesota. Commoniy known as 6580 Kirkwood Avenue South, Cottage Grove, Washington County, Minnesota. WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; and WHEREAS, the Planning Commission held a public hearing on February 25, 2008; and WHEREAS, the public hearing was open for public testimony. The applicant attended the public hearing. No other pubiic testimony was received; and WHEREAS, the Planning Commission unanimously voted (8-to-0 vote) to recommend to the City Council that the conditional use permit be granted; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a conditional use permit to allow for a total of 3,500 square feet for two detached accessory structures and a building height of 22 feet on the property Iocated at 6580 Kirkwood Avenue South, on the property legally described above, subject to the foilowing conditions: Resolution No. 08-XXX Page 2 of 2 The vegetative screening on the site from adjacent properties and the public right- of way must be maintained to at least 50 percent opacity at all times. 2. The minimum setback distances of the detached accessory structures must be increased five feet (5') for each one foot (1') of height or one hundred (100) square feet of size. The maximum building height of the one detached accessory structure is 22 feet. 4. The maximum square footage for the site for the two detached accessory buildings is limited to 3,500 square feet. In accordance with the ordinance criteria, a garden or tool shed of up to 160 square feet will be allowed in addition to the detached accessory structures. 6. If future site development renders the structure nonconforming, the building must be brought into compliance or removed as a condition of the development approval. 7. The accessory structures will only be used for personal purposes as permitted in the R-1 District. Passed this 19th day of March 2008. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM THE UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON FEBRUARY 25, 2008 6.3 Mann Accessory Structures — Case CUP08-005 Tracy Mann has applied for a conditional use permit to construct two accessory struc- tures having 3,500 square feet of cumulative gross floor area and one of the proposed accessory structures having a 22-foot height. The property is located 6580 Kirkwood Avenue. Burbank summarized the planning staff report and explained the Zoning Ordinance require- ments allowing the additionai square footage and additionaf height to accessory structures, based on the conditional use permit criteria and City approval of the conditional use permit. Burbank stated that the applicant also proposes to construct a new home on the vacant par- cel of land and the accessory structures will be constructed at the same time or shortly after the new home is built. Willhite asked if the proposed 22-foot height is allowed by the conditional use permit. Burbank stated that the additional height is allowed by the zoning ordinance and the addi- tionai setbacks as proposed by the applicant. No variance is needed for setbacks. Theide asked the applicant why the accessory structure ciosest to the north property line needs to be 22 feet in height. Mann explained that he will store their motor home in the building. The garage doors are 14 feet high and the structure's roof pitch will create an over- all building height of 22 feet. He stated there are a couple windrows of 40-foot tall evergreen trees between the proposed accessory building and the neighbor's house north of their property. Mann stated that they purchased this vacant parcel from the property owner north of the site. Thiede opened the public hearing. No one spoke. Thiede c/osed the public hearing. Whillhite moved to approve the conditiona! use permit apptication, subject to the con- ditions below and adding a condition that neither accessory structure be used for corr►mercial purposes. Hoflan�f seco»ded. 1. The vegetative screening on the site from adjacent properties and the public right- of way must be maintained to at least 50 percent opacity at all times. 2. The minimum setback distances of the detached accessory structures must be in- creased five feet (5) for each one foot (1) of height or one hundred (100) square feet of size. 3. The maximum building height of the one detached accessory structure is 22 feet. 4. The maximum square footage for the site for the two detached accessory buildings is limited fo 3,500 square feet. Excerpt from Unapproved Planning Commission Minutes Mann Accessory Structures — Case CUP08-005 February 25, 2008 Page 2 of 2 5. ln accordance with the ordinance criteria, a garden or too/ shed of up to 160 square feet will be allowed in addition to the detached accessory structures. 6. If future site development renders the structure nonconforming, the building must be brought into compliance or removed as a condition of the development ap- proval. 7. The accessory structures will only be used for personal purposes as permitted in the R-1 District. The motion passed unanimously (7-to-D vote).