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Home My WebLink About2008-03-19 PACKET 04.L.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # �/ � Q DATE 3/19/08 � PREPARED BY: Community Development Howard Blin ORIGINATING DEPAR7MEN7 STAFF AUTHOR �.,�,��,,��,�,�,�,��,��,,��.�� COUNCIL ACTION REQUEST: Consider approving side and rear yard setback variances to allow construction of an accessory structure at 10389 Kimberly Court South. STAFF RECOMMENDATION: Adopt the resolution approving setback variances for an accessory structure at 10389 Kimberly Court South. ADVISORY COMMISSION ACTION: DATE � PLANNING 2/25/08 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENfED ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS: � MEMO/LETTER: Memo from John McCool dated 3/10/08 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from 2/25/O8 Planning Commission Minutes /_1�l��ill�l[.`y�:L�C�7:�YK�7�l1�ll��ir.`li � ��ti�� o� City Administrator Date ��,�,,�,��: �� ,� ��.�� ,�� .� COUNCIL ACTION TAKEN: �APPROVED ❑ DENIED ❑ OTHER � �i �►' CITY OF COTTAGE GROVE MINNESOTA TO: FROM: DATE: RE: Proposal Mayor and Members of the City Council Ryan Schroeder, City Administrator John McCool, Senior Planner March 10, 2008 Lemons Variance - Accessory Structure Setback Requirements James and Kimberly Lemons, 10389 Kimberly Court South, have requested a variance to re- duce the 50-foot minimum rear yard setback and 20-foot minimum side yard setback for an accessory structure. � -:.� � :�`.,KK _ �__:r. � i' __ _ , — � 1_ �.,_ ir �...�.a..e�.,w..,�'..� _ I�' ==-�:: �— -''� :. � , � '; Alj- T � ei. I ."O 4,ke.`. � _— *�;' .. o„� ,. I 103B9Wm0e�lyC0urt5o�(� P � PfqW5CtlV8�2�C¢5f051tlP � _ ' tlROa�YattlSel6acA5 �! � II .....�__,.. § uv �ocation Map Planning Commission Review J.- i"�a� s �� _ � �� g � �� t 4 �f ,�-.,� 4 ��I -,, h jI..G _ �'-J�a.. � W�L a...mx, y `� ��•. GottCwrte � ^'-' S ..� �..'{ .. . The Planning Commission held the public hearing on February 25, 2008. They unanimously recommended approval of this appiication. Planning Considerations Project Description The applicant is proposing to construct a 30-foot by 40-foot wood-framed accessory structure in the northeast corner of their property. The accessory structure's walls will be constructed with 2"-by-6" wood framing materials. The walis are 10 feet in height and the exterior walls will be sided with a vinyl siding that matches the house. Two windows will be installed on the street side of the structure and an 8-foot by 16-foot garage door and service door will be installed on the south side. The asphalt shingles on the roof will also match the shingles on the house. The Nonorable Mayor, City Council, and Ryan Schroeder Lemons Variance Application - Accessory Structure Setback Requirements March 10, 2008 Page 2 of 4 roof has a 5/12 roof pitch, thus making this accessory structure 16.2 feet in height. There are no other accessory structures on the property. The applicanYs site plan and floor plan are attached. Ordinance Requirements City ordinance requires accessory structures in the R-1 District to have a minimum 50-foot rear yard and 20-foot side yard setback. The ordinance also prohibits accessory structures to be nearer to the front property Iine than the principal building. The exception to this requirement is if the property is five or more acres. In considering appiications for variances, the City Councii may grant variances from the strict application of the zoning ordinance and can impose conditions and safeguards on the variance. In considering variance applications, the Council shall consider and determine that: 1. Special conditions applying to the structure of land in question are peculiar to such property or immediately adjoining property and do not apply generally to other land or structures in the district in which such land is located. Findin : The house was constructed in the rear third of the property. The closest point of the house to the rear yard lot line is 60 feet. There is not enough rear yard between the house and rear Iot line to comply with the 50-foot setback. The septic tanks are on the north of the house and the well is about 30 feet from the southeast corner of the attached garage, which restricts the available yard area to construct the accessory structure. 2. The granting of the application is necessary for the applicant and will not in any way impair health, safety and welfare of the community or be contrary to the intent of city ordinances or Comprehensive Plan. Findin : There are seven rural lots on this cul-de-sac, four of which already have accessory buildings. The proposed 1,200 square foot accessory structure is smaller than other existing accessory structures in this neighborhood. City-owned land separates the applicanYs rear yard from other rural lots that are east of the subject property. Granting a variance would not impair the health, safety, and welfare of the community or be contrary to the intent of the Comprehensive Plan. 3. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable hardship and or difficulty. Findin : The oniy other area an accessory building could be built on the property would be in the front yard. The property owner wants to preserve the openness of their front yard and wants their home to be the focal point from the street. Access to the proposed accessory structure will be limited and without a paved driveway. Planning Considerations Property Charactsristics The applicanYs property is on 1.5-acres of land located at the end of the Kimberly Court cul-de- sac. The only accessory structure on the property is a temporary metal frame structure that is covered with a fabric material. This type of structure is not permitted by the State Uniform Code Honorable Mayor, City Councii, Lemons Variance Application - March 10, 2008 Page 3 of 4 and Ryan Schroeder Accessory Structure Setback Requirements as a permanent structure. The applicant uses this temporary structure to store their boat. A drainage swale transverses the northeast corner of the property and extends westerly along the common proper�y boundary line. i he applicant and properfy owner to the north have removed dead and live trees along this drainage swale to improve the drainage route for stormwater run- off. The picture below is looking west from the northeast corner of the applicanYs property. ; �,;, -- --- °"� Drainage swale along north property line. Location of septic tanks in the foreground. The property owner's septic tanks are 20 to 25 feet north and the drainfield is northwest of their house. Because of tne septic tanks, the rear and side yard setbacks for the proposed accessory structure in the northeast corner of their property cannot comply with the minimum ordinance requirements. An aerial view of the property is shown below: Aerial Photo Public Hearing Notices Public hearing notices were mailed to 28 property owners who are within 500 feet of the appii- canYs property. These notices were mailed on February 13, 2007. The location map shows the 500-foot buffer around the site. �w- ��. ��f�� Honorable Mayor, City Council, and Ryan Schroeder Lemons Variance Application - Accessory Structure Setback Requirements March 10, 2008 Page 4 of 4 Recommendation Approval of a variance to reduce the accessory structure's rear yard setback from 50 feet to15 feet and the side yard setback from 20 feet to 15 feet. Approval of this variance is based on the findings of fact and subject to the conditions of approval listed in the attached draft resolution. RESOLUTION NO. 07-XXX A RESOLUTION GRANTING A VARIANCE FROM CITY CODE TITLE 11-3-3C, ACCESSORY STRUCTURE SETBACKS IN THE R-1 ZONING DISTRICT, TO AL�OW AN ACCES50RY STRUCTURE AT 10389 KIMBERLY COURT SOUTH TO BE SETBACK 15 FEET FROM THE SIDE AND REAR PROPERTY �INES WHEN THE REQUIRED MINIMUM SETBACKS ARE 20 FEET AND 50 FEET RESPECTIVELY WHEREAS, James and Kimberly Lemons applied for a variance from City Code Title 11- 3-3C, Accessory Structure Setbacks in the Rural Residential (R-1) Zoning District, to allow an accessory to be setback 15 feet from the side and rear property Iines when the required minimum setbacks are 20 feet from the side property Iine and 50 feet from the rear property, on property legally described as: Lot 6, Block 1, Eagie Ridge, Cottage Grove, Washington County, State of Minnesota. Commonly known as 10389 Kimberly Court South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, pubiic 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, the Planning Commission held a public hearing on February 25, 2008; and WHEREAS, a planning staff report which detailed specific information about the property and the variance application was prepared and presented; and WHEREAS, the public hearing was open for public testimony. The applicant attended the public hearing. No other public testimony was received; and WHEREAS, the Planning Commission reviewed the criteria and findings established by the Zoning Ordinance for granting a variance. A summary of this criteria is as follows: 1} It must be determined that there are unique conditions that app�y to the structure or land in question that do not generally apply to other land or structures in the same district; 2) That granting a variance must not merely serve as a convenience to the applicant but must be nec- essary to aileviate a demonstrabie hardship or difficulty from the City's ordinance; and 3) Granting the variance must not impair health, safeiy, comfort, or morals or in any respect, or be contrary to the intent of the Zoning Ordinance or the Comprehensive Plan. The City may impose conditions and safeguards in granting any variance. WHEREAS, the Planning Commission unanimously (7-0 vote) recommended to the City Council that the variance be granted. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a variance from City Code Title 11-3-3C, Accessory Structure Setbacks in the Rural Residential (R-1) Zoning District, to allow an Resolution No. O8-XXX Page 2 of 2 accessory to be setback 15 feet from the side and rear property lines when the required minimum setbacks are 20 feet from the side property line and 50 feet from the rear property, on the property legally described above. Granting of this variance is based upon the following findings of fact: A. The proposed accessory structure is located in the rear portion of the property and is not closer to the front property line than the front of the house. B. The proposed variance will not impair an adequate supply of light and air to adjacent properties, will not increase the congestion of the public streets, will not endanger the public's safety, or will not diminish or impair property values within the neighborhood. C. The locations of the septic tanks, drainfield, and well restrict the placement of an accessory structure in the side and rear yards of this property. BE IT FURTHER RESOLVED, the recommendation for approval is subject to the following conditions: 1. The property owner must complete a building permit application and be issued a building permit before any construction begins. 2. Exterior building materials must match the siding and roof materials used on the house. 3. The existing temporary metal framed structure is removed from the property. 4. Driving over the drainfield and septic tanks with heavy equipment, passenger vehicles, recreation vehicles/trailers, etc. is prohibited. 5. The private use or storage of personal materials on city-owned land is prohibited. This includes play structures, fences, firewood, fire pits, compost bins, etc. Passed this 19th day of March 2008. Sandra Shiely, Mayor Attest: Caron M. Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE FEBRUARY 25, 2008, PLANNING COMMISSION MEETING 6.2 Lemons Accessory Structure — Case V08-004 James and Kimberly Lemons have applied for a variance to City Code Title 11-3-3C, Ac- cessory Structure Setbacks in the R-1, Rural Residential Zoning District, to allow an accessory structure to be setback 15 feet from the side property line and 15 feet from the rear property line when the required minimum setbacks 20 feet from the side and 50 feet from the rear property lines. The property is Iocated 10389 Kimberly Court South. McCooi summarized the planning staff report and recommended approvai based on the findings of fact and subject to the conditions listed in the staff report. Jim Lemons submitted a letter signed by Tamara Anderson, 10377 Kimberly Court, (neighboring property owner located north of Lemon's property) stating that the Andersons support Lemon's proposal and have no objections to the variance. Thiede asked how access the accessory structure will be accessed with vehicles. Lemons explained that the proposed building wiil be used to store their boat during the winter months. Access to the accessory building will be along the south and east sides of the house. Driving across their yard northwest and north of the house is not possible because of the drainfield and septic tanks. He stated that they do not intend to extend their existing driveway or construct another driveway to the accessory structure. Thiede opened the public hearing. No one spoke. Thiede c/osed the public hearing. Bri#an made a motion to approve the application based on the findings of fact and subject to the conditions listed beBow. Hofland seconded. Findinas of Fact: A. The proposed accessory structure is located in the rear portion of the property and is not closer to the front property line than the front of the house. 8. The proposed variance wilt not impair an adequate supply of light and air to ad- jacent properties, will not increase the congestion of the public streets, wili not endanger the public's safety, or wiil not diminish or impair property values within the neighborhood. C. The locations of the sepfic tanks, drainfie/d, anci well restrict the p/acemenf of an accessory structure in the side and rear yards of this property. Conditions ofApproval; 1. The property owner must complete a building permit application and be issued a building permit before any construction begins. Excerpt from Unapproved Planning Commission Minutes Lemons Accessory Structure — Case No. V08-004 February 25, 2008 Page 2 of 2 2. Exterior building materials must match the siding and roof maferials used on the house. 3. The existing temporary metal framed strucfure is removed from the property. 4. Driving over the drainfield and septic tanks with heavy equipment, passenger vehi- cles, recreation vehicles/trailers, etc, is prohibited. 5. The private use or storage of personal materials on city-owned land is prohibited. This includes play structures, fences, firewood, fire pits, compost bins, etc. The motion passed unanimously (7-to-0 vote).