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HomeMy WebLinkAbout2010-07-07 PACKET 04.I.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/7/10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider granting a variance from the six -foot side yard setback requirement to allow a driveway at 8226 Innsdale Avenue South to be one foot from the side property line. STAFF RECOMMENDATION Adopt the resolution granting the variance to the driveway side yard setback requirements at 8226 Innsdale Avenue South. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE DATE ® PLANNING 6/28/10 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY REVIEWED APPROVED DENIED ❑ ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated June 30, 2010 ® RESOLUTION: Draft ❑ ORDINANCE: j ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 6/28/10 Planning Commission meeting minutes ADMINISTRATORS COMMENTS �) o WityAdministrator Date COUNCIL ACTION TAKEN: ®APPROVED ❑DENIED ❑OTHER m OV CITY OF MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: July 7, 2010 RE: Wille Driveway Setback Variance - 8226 Innsdale Avenue South "r = Friedrich and Hilde Wille have requested a variance from the requirement for a six -foot setback from side property lines for a driveway at their property located at 8226 Innsdale Avenue South. The applicants have recently constructed a concrete parking pad with a one -foot set- back from the side property line. Approval of the variance will allow the applicants to keep the parking pad. Denial of the variance will require removal of the pad. COTTAGE GROVE r t+ The Planning Commission held a public hearir on June 28, 2010. There were no public coma proposed variance application. A letter from the South requesting that the six -foot privacy fence be maintained was presented to the Cornmissic 3 on this variance application at their meeting ents from neighboring property owners on the adjacent property owner at 8461 — 81st Street along the north side of the applicant's property i. A copy of this letter is attached. The Commission unanimously (5 -to -0 vote) recommended approval of the variance application based on the findings of facts and subject to the conditions listed in the attached resolution. An excerpt from the Planning Commission's unapproved minutes is attached. Memo to Honorable Mayor, City Council Members, and Ryan Schroeder Planning Case No. V10 -009 - Wille Driveway Variance July 1, 2010 Page 2 Amzm �� • Property Characteristics The property is located in a single - family residential neighborhood on the crest of the hill near the intersection of Innsdale Avenue and 81st Street. The parking pad lies on the north side of the applicants' lot. This area is adjacent to the rear yard of the neighboring property. As shown in the photographs below, a wood privacy fence is located on the common property line between the two lots. Memo to Honorable Mayor, City Council Members, and Ryan Schroeder Planning Case No. V10 -009 - Wille Driveway Variance July 1, 2010 Page 3 The applicants did not receive a permit prior to constructing the parking pad. No permit is re- quired for the fence. The applicants maintain that they were unaware of the six -foot setback requirement. City staff did visit the site when the parking pad was being poured. At that time, the applicants were notified of the setback requirement. Ordinance Requirements The applicants' property is located in the Single Family Residential (R -3) Zoning District. Within this district, a six -foot side yard setback from side property lines is required for driveways and parking pads. Previously the City allowed driveways at a setback of two feet from a property line. This requirement was increased in 2001 based on a recommendation from the Nuisance Ordinance Task Force, a group established by the City Council to study various nuisance is- sues. Increasing the driveway setback addressed concerns about vehicle parking near prop- erty lines. Since the new requirement has been in place, the City has allowed driveways and parking pads, which were improved with gravel at the time of the new ordinance, to be paved to within two feet of the property line. As a result of this history of setback changes, and non- enforce- ment of requirements many years ago, there are existing driveways in the vicinity of the appli- cants' property which set back at zero to two feet from the property line. It . Y * Adopt a resolution granting a variance to the City Ordinance requirement that driveways setback a minimum of six feet from an interior side property line. Approval of this variance reduces the driveway side yard setback from six feet to one foot at 8226 Innsdale Avenue South, based on the findings of fact and subject to the conditions listed in the draft resolution. June 26, 2010 City of Cottage Grove Planning Commission 7516 80' St South Cottage Grove, MN 55016 Planning commission members, I am writing in response to the notice of continued public hearing that we received. The hearing is taking place on June 28' at 7:00 pm. It is regarding the variance to the yard setback requirement to allow a driveway to be one foot from the side property line at 8226 Innsdale Avenue South. We, Megan and Jeremiah Menke, the neighbors affected by this variance, do not wish to appose the driveway. However, if you plan to allow the variance we would like to respectfully request that within the variance there be a requirement that the six foot fence that blocks our view from the driveway be maintained. Because of the recent addition of the fence we are thankfully unable to see the various trucks, boats, trailers, and ATV's that have been kept in this space over the years. My concern is that the fence will be removed in the future and we will be left looking at these eye sores once again. Thank you for taking the time to consider our concerns. Respectfully, Megan Menke and Jeremiah Menke lLN 2 8 Z to CITY OF COTTAGE GROVE M ots N.;: v • WHEREAS, Friedrich and Hilde Wille applied for variance to reduce the six -foot minimum side yard setback requirement to one foot to allow a driveway extension, on property legally described as: Lot 1, Block 2, Thompson Grove Estates 10th Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 8226 Innsdale 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 June 28, 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 Planning Commission held the public hearing at their meeting on June 28, 2010. The applicant was present at this hearing. No one spoke for or against the applica- tion. A letter was received and placed on file; 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 (8 -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 to reduce the six -foot minimum side yard setback requirement to one foot to allow a driveway extension located 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 parking pad is along the side yard of the subject property which abuts the rear yard of the adjacent property. This increases the distance between the parking pad and the neighboring house. B. A privacy fence has been constructed which screens vehicles on the pad from the adjacent property. C. There are other existing driveways and parking pads on Innsdale Avenue at a similar setback from side property lines. BE IT FURTHER RESOLVED, the recommendation for approval is subject to the following condition: 1. The property owner must obtain a building permit for the driveway extension. 2. The property owner must maintain a privacy fence along that portion of the parking pad that is six feet or closer to the side property line. Passed this 7th day of July 2010. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk • �. • 0 ill •. •• •i !'1 6.3 Wille Driveway Setback Variance — Case V10 -009 Friedrich and Hilde Wille have applied for a variance to the six -foot side yard setback requirement to allow a driveway to be one -foot from the side property line at 8226 Innsdale Avenue South. (Public hearing continued from May 24, 2010, Planning Commission meeting.) Blin summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. A letter from Megan and Jeremiah Menke, 8461 — 81 Street dated June 26, 2010 was received and a copy of the letter was distributed to the Commission. Blin reported that the Menkes requested that if the variance is granted, that there is a requirement that the existing six foot high privacy fence be maintained. Willhite asked what the repercussion is if the property owner does not maintain a fence if it's a condition of approval for the variance. Blin explained that if the applicant does not comply with the conditions of approval, the property owner would be required to remove that portion of the concrete pad that is within six feet of the side property line. Linse asked how common the City includes conditions approving variances that required a fence. Blin stated that the City ordinance does permit the City to impose certain conditions and safeguards to mitigate adverse impacts and these types of conditions are typically applied to most variance applications. Past approvals of some variance applications have been granted because certain landscape screening was proposed. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Willhite made a motion to recommend approval of the variance application, based on the findings of fact and subject to the conditions listed below. Poncin seconded the motion. Findings of Fact A. The parking pad is along the side yard of the subject property which abuts the rear yard of the adjacent property. This increases the distance between the parking pad and the neighboring house. B. A privacy fence has been constructed which screens vehicles on the pad from the ad- jacent property. C. There are other existing driveways and parking pads on Innsdale Avenue at a similar setback from side property lines. Conditions of Approval 1. The property owner must obtain a building permit for the driveway. 2. The property owner must maintain a privacy fence along that portion of the parking pad that is six feet or closer to the side property line. Motion passed unanimously (5 -to -0 vote).