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HomeMy WebLinkAbout2010-06-16 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/16/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving a setback variance to allow a 936 square foot accessory structure /garage to be located closer to the front property line than the principal structure at 11800 Lockridge Avenue South. STAFF RECOMMENDATION Adopt the resolution approving the setback variance at 11800 Lockridge Avenue South. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE ® PLANNING 5/24/10 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 6/10/10 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: M OTHER: Excerpt from 5/24/10 Planning Commission Minutes ADMINISTRATORS COMMENTS q 7 _,❑City Administrator Date COUNCIL ACTION TAKEN: V PROVED F 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: June 10, 2010 RE: Luedtke Garage Variance — 11800 Lockridge Avenue South " V Mark Luedtke has applied for a setback variance to allow a 936 square foot accessory structure/ garage to be located closer to the front property line than the principal structure at 11800 Lockridge Avenue South. Location The Planning Commission reviewed this application at their meeting on May 24, 2010. There was no public testimony during the public hearing. The Commission discussed the reasons for accessory structure to be located in front of the principal structure, tree removal, and the usage of the building. An excerpt from the unapproved Planning Commission minutes is attached. The Planning Commission unanimously (7 -to -0 vote) recommended approval of the variance. The property is currently zoned R -2, Residential Estate District. City ordinance does not allow accessory structures to be placed in front of the principal structure, unless the parcel of land is greater than five acres. The applicant's property is approximately 1.5 acres. The minimum front yard setback requirement within this zoning district is 30 feet. All other minimum setback requirements will be met. Honorable Mayor, City Council, and Ryan Schroeder Luedtke Garage Variance — Case V10 -010 June 10, 2010 Page 2 of 5 City ordinance states that the City Council 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 effect of the proposed variance upon the following issues should be considered: 1. The health, safety and welfare of the community; 2. Traffic conditions; 1 Light and air; 4. Danger of fire; 5. Risk to the public safety; 6. The effect on values of property in the surrounding area; and 7. The effect of the proposed variance upon the Comprehensive Plan. The property is located within the Mississippi River Critical Area Corridor (Critical Area) and the Mississippi River and Recreation Area (MNRRA). The site is not visible from the river, but falls within the boundaries established by executive order in 1979. Development standards within the Critical Area Corridor overlay district do not prohibit accessory structures from locating closer to the front property line than the principal structure. The applicant's response to the ordinance criteria is attached. Planning Considerations The aerial photograph below shows the layout of the applicant's property in April 2009. The site is heavily wooded with deciduous trees. The planned accessory structure is proposed to be 115.5 feet from the center of the road and 70 feet from the north side property line. A copy of the site plan is attached. Honorable Mayor, City Council, and Ryan Schroeder Luedtke Garage Variance — Case V10 -010 June 10, 2010 Page 3 of 5 Site Plan C of St Site Photos Honorable Mayor, City Council, and Ryan Schroeder Luedtke Garage Variance — Case V10 -010 June 10, 2010 Page 4 of 5 r u r The existing home is located on the back one -third of the lot. Behind the house there are steep slopes that lead to a large ravine or coulee, mature trees, and existing surface water drainage swales that direct water to the ravine. The site is heavily wooded and the proposed structure is Honorable Mayor, City Council, and Ryan Schroeder Luedtke Garage Variance — Case V10 -010 June 10, 2010 Page 5 of 5 located interior to the lot behind existing trees and vegetation. There are several trees in the proposed pad site. Private well and septic is also located on the site and further restricts structure location. Department of Natural Resources Due to the distance of the property from the river and the vegetation on site, the location of the proposed accessory structure is not visible from the Mississippi River. The location of the site in the Critical Area necessitates review by the Minnesota Department of Natural Resources. Infor- mation was provided to this reviewing agency, but no comments were received to date. Public Hearing Notices Public hearing notices were mailed to 149 property owners surrounding the applicant's property. These notices were mailed on May 13, 2010. Recommendation That the City Council grant a variance to allow the construction of a 936 square foot accessory structure in front of the principal structure based on the findings of fact and subject to the conditions listed in the attached draft resolution. RESOLUTION NO. 2010 -XXX - • • - • • 0 • -• •• WHEREAS, Mark Luedtke applied for a setback variance to allow a 936 square foot accessory structure /garage to be located closer to the front property line than the principal structure at 11800 Lockridge Avenue South, on property legally described as: Lot 10, Block 1, Countrywood Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 11800 Lockridge Avenue South, Cottage Grove, Washington County, State of 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, the Planning Commission held a public hearing on May 24, 2010; 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 apply 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 alleviate a demonstrable hardship or difficulty from the City's ordinance; and 3) Granting the variance must not impair health, safety, 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 setback variance to allow a 936 square foot accessory structure /garage to be located closer to the front property line than the principal structure on the property legally described above. Granting of this variance is based upon the following findings of fact: Resolution No. 2010 -XXX Page 2 of 2 A. The existing home is located on the back one -third of the lot. Placing the proposed accessory structure behind the structure is prohibitive due to steep slopes, mature trees, and existing surface water drainage swales. B. The lot is heavily wooded and the structure is not readily visible from the street. C. The adjacent principal structures are closer to the road than the proposed accessory structure location. D. The provisions of the Mississippi River Corridor Critical Area Overlay District were considered, and it was determined that the proposed accessory structure will not adversely impact any of the criteria listed in City Code Title 11 -15. E. 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 diminish property values within the neighborhood. F. The property owner's well, septic drainfield, and alternative locations limit other potential sites for the accessory structure. G. The proposed location of the accessory building minimizes the number of trees that need to be removed for its construction. BE IT FURTHER RESOLVED, the recommendation for approval is subject to the following conditions: 1. The temporary accessory structure on the site shall be removed. 2. The property owner must complete a building permit application and be issued a building permit before any construction begins. 3. Erosion control measures must be utilized during construction. 4. The exterior materials and color for the proposed accessory structure must be similar to the principal structure. 5. Tree protection is required during construction for trees not on the structure building pad. Passed this 16th day of June 2010. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON MAY 24, 2010 6.2 Luedtke Garage Variance — Case V10 -010 Mark Luedtke has applied for a variance to allow a 936 square foot garage to be located in front of the principal structure at 11800 Lockridge Avenue South. Burbank summarized the staff report and recommended approval based on the findings of fact and subject to the conditions of approval listed in the staff report. Burbank stated that he received a comment from Trish Thompson, 11733 Leeward Avenue. He read from the letter noting that she would not oppose the proposed structure as long as the tree coverage along the property line would not be destroyed so that the large structure would still be screened and that it only be used for personal storage. Rambacher asked if the main reason they did not add on to the existing garage because the well is there. Mark Luedtke, 11800 Lockridge Avenue South, stated that they were not able to add onto the existing garage because of the location of the well and the large trees in the area. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Rambacher asked what the structure would be used for. Luedtke responded it would be used for storage and as a workshop. Rambacher asked how many trees would be removed. Luedtke stated one significant tree and a couple smaller trees will need to be removed. Pearson asked if there is more tree coverage on the other side of the driveway. Luedtke re- sponded that there is about 80 feet of woods between the structure and the street. Rambacher asked about screening of the structure from the neighbor on the adjacent side. Luedtke responded that area is not as heavily wooded and there is a pretty good open space between their house and the back of the neighbor's house. Poncin made a motion to recommend approval of the variance application, based on the findings of fact and subject to the conditions listed below. Linse seconded. Findings of Fact A. The existing home is located on the back one -third of the lot. Placing the proposed accessory structure behind the structure is prohibitive due to steep slopes, mature trees, and existing surface water drainage swales. B. The lot is heavily wooded and the structure is not readily visible from the street. acces- sory structure location. Excerpt from Planning Commission Minutes Luedtke Garage Variance — Case V10 -010 May 24, 2010 Page 2 of 2 D. The provisions of the Mississippi River Corridor Critical Area Overlay District were considered, and it was determined that the proposed accessory structure will not adversely impact any of the criteria listed in City Code Title 11 -15. E. The proposed variance will not impair an adequate supply of light and air to adja- cent properties, will not increase the congestion of the public streets, will not en- danger the public's safety, or diminish property values within the neighborhood. F. The property owner's well, septic drainfeeld, and alternative locations limit other potential sites for the accessory structure. G. The proposed location of the accessory building minimizes the number of trees that need to be removed for its construction. Conditions of Approval 1. The temporary accessory structure on the site shall be removed. 2. The property owner must complete a building permit application and be issued a building permit before any construction begins. 3. Erosion control measures must be utilized during construction. 4. The exterior materials and color for the proposed accessory structure must be similar to the principal structure. 5. Tree protection is required during construction for trees not on the structure building pad. Motion passed unanimously (7 -to -0 vote).