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HomeMy WebLinkAbout2010-07-21 PACKET 04.P.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/21 /10 PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving a variance to allow a porch addition to be constructed 25 feet from the rear property line when the required rear yard setback is 35 feet at 6592 Hadley Avenue South. STAFF RECOMMENDATION Adopt the resolution approving the rear yard setback variance at 6592 Hadley Avenue South. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE ® PLANNING 6/28/10 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ - ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 7/14/10 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 6/28/10 Planning Commission Meeting Minutes ADMINISTRATORS COMMENTS ° City Administrator Date COUNCIL ACTION TAKEN: RAP ROVED El 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: July 14, 2010 RE: Rear Yard Setback Variance — 6592 Hadley Avenue South •••: Kurt Fairbanks has applied for a variance to reduce the required 35 -foot minimum rear yard setback to 25 feet to allow for the construction of an enclosed porch on their deck. The property is located at 6592 Hadley Avenue South. The Planning Commission reviewed this application at their meeting on June 28, 2010. Sheldon Grengs, 6603 Blue Stem Lane, submitted a written statement that he is not opposed to the variance application or the proposed porch addition. No other testimony was received. The Commission unanimously (5 -to -0 vote) recommended approval of the variance. The property is zoned Residential (R -2.5). The minimum rear yard setback is 35 feet for principal structures and 15 feet for accessory structures. City ordinance allows decks without walls or a roof to be 15 feet from the rear property line. Location Map Honorable Mayor, City Council, and Ryan Schroeder Rear Yard Setback Variance — 6592 Hadley Avenue South July 14, 2010 Page 2 of 5 ,y r • s Property Characteristics The applicant's property is located in the Timber Ridge neighborhood. The vegetation and landscaping on the site and adjacent parcels is typical for a relatively new subdivision. There is a boulder retaining wall along the entire rear property line. An aerial photo of the property is shown below. Aerial Photo The applicant's lot is 126 feet deep along the south side property line and 100 feet in width, which is 21,301 square feet. The minimum lot size for the R -2.5 zoning district is 11,000 square feet. Given the depth of the lot in conjunction with the design and location of the house, the backyard outside of the backyard setback area is limited. The setback line is detailed above. The existing side yard setbacks are extraordinary for this lot and others along Hadley Avenue. Photos of the site are shown below. Honorable Mayor, City Council, and Ryan Schroeder Rear Yard Setback Variance — 6592 Hadley Avenue South July 14, 2010 Page 3 of 5 5oaaoa - -- —vs' 4116 •. 912.6 Q 24IW P32.87 km j aosx P h e I i I Na Exivli0 - .6 fi i A'PO6� T.11 ( Q • t m Z�. 2ZG9 Cara9a rv95X� 998.0 CM1S 100 b. 22.00 L ° w o t i'1 — __ _ am Z _ N58 ° 49'50 "M 126.54 3 ggo.g .... - 0,4' Honorable Mayor, City Council, and Ryan Schroeder Rear Yard Setback Variance — 6592 Hadley Avenue South July 14, 2010 Page 4 of 5 Based on the current rear yard setback line, which is identified by the vertical dashed line lo- cated behind the house, the applicant would only have the ability to build an 11 -foot addition versus the 24 -foot addition that is proposed. Elevation Detail Rear Footprint Detail Rear Honorable Mayor, City Council, and Ryan Schroeder Rear Yard Setback Variance — 6592 Hadley Avenue South July 14, 2010 Page 5 of 5 Public Hearing Notices Public hearing notices were mailed on June 16, 2010 to 55 property owners who are within 500 feet of the property. That the City Council approve the variance to reduce the 35 -foot minimum rear yard building setback to 25 feet to allow for the construction of an enclosed porch on the rear of the Fairbanks' home based on the findings for fact and subject to the conditions listed in the attached draft resolution. City of a i... G Pl i i'. APPLICANT: Kurt Fairbanks REQUEST: A variance to allow a porch addition to be constructed 25 feet from the rear property line when the required rear yard setback is 35 feet at 6592 Hadley Avenue South. WHEN: Monday, June 28, 2010, starting at 7:00 p.m WHERE: Council Chambers at Cottage Grove City Hall 7516 — 80th Street South Cottage Grove Minnesota The Planning Commission will hold a public hearing on this application in the Council Chambers at Cottage Grove City Hall. The purpose of the hearing is to provide citizens the opportunity to comment on the proposed application. Persons interested in speaking will be heard at this public hearing. If you are unable to attend the hearing but would like to provide input, you are encouraged to submit written comments. Information on this application can be obtained from the Community Development Department at 651- 458 -2827. The list of affected property owners for this public meeting was derived from official Washington County records. Because of the lag time between occupancy and recordkeeping, a few affected property owners may have been missed. Please feel free to notify your neighbors of this meeting so all may have the opportunity to attend. Dated June 16, 2010. y Olt (�(-o 3 Pv--e, L� . S. WHEREAS, Kurt Fairbanks applied for a variance to reduce the required 35 -foot minimum rear yard setback in the R -2.5, Residential Zoning District, to 25 feet to allow construction of a porch addition, on property legally described as: Lot 9, Block 1, Timber Ridge 65h Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 6592 Hadley 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 public hearing was open for public testimony and testimony from the applicant and the public was received and entered into the public record; 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; and WHEREAS, the Planning Commission unanimously (5 -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 required 35 -foot minimum rear yard setback to 25 feet to allow construction of a porch addition 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 lot is only 126 feet deep on the south side property line that is perpendicular to the street. B. The retaining wall in the rear yard of the property and resulting grade separation between the proposed addition and rear adjacent property minimizes the scale of the setback deviation. C. The proposed structure does not minimize the view of adjoining neighbors of any parks, open space, or wetlands. D. The proposed enclosed porch will make the home more efficient and livable and increase the property's market value. 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. BE IT FURTHER RESOLVED, the recommendation for approval is subject to the following conditions: 1. The exterior materials and color for the enclosed porch must be similar to the principal structure. 2. The property owner must obtain all required building and electrical permits. 3. The rear yard shall be landscaped with a variety of deciduous and evergreen vegetation to screen the structure. Passed this 21st day of July 2010. Myron Bailey, Mayor Aftest: Caron Stransky, City Clerk 6.4 Fairbanks Porch Variance — Case V10 -018 Kurt Fairbanks, 6592 Hadley Avenue South, has applied for a variance to allow a porch addition to be constructed 25 feet from the rear property line when the required rear yard setback is 35 feet. McCool summarized the staff report. He noted that the applicant has provided a letter from the property owner immediately behind his lot stating that they are not opposed to appli- cants building an enclosed porch. McCool recommended approval based on the findings of fact and subject to the conditions of approval listed in the staff report. Willhite asked if there are any homeowner covenants regarding additions in the subdivision. McCool responded no. Messick opened the public hearing. No one spoke. Messick closed the public hearing. Poncin asked if there is a deck proposed on the back of the porch and what is the setback for decks. McCool responded that a deck would be allowed to go within eight feet of the rear lot line as long as it had no wall or roof structure. Kurt Fairbanks, 6592 Hadley Avenue South, stated that the reason they want a covered deck is that this is a new development with no trees and a lot of sun in the back yard. Rostad 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. Findings of Fact: A. The lot is only 126 feet deep on the south side property line that is perpendicular to the street. B. The retaining wall in the rear yard of the property and resulting grade separation between the proposed addition and rear adjacent property minimizes the scale of the setback deviation. C. The proposed structure does not minimize the view of ad ! 1! o pen space, or wetlands. p r o perty's D. The proposed enclosed porch will make the home more efficient and livable and increase the 1 0 !! - 1 f R. ! - • 1R1 • ! •.•.. Excerpt from Planning Commission Minutes Fairbanks Porch Variance — Case V10 -018 June 28, 2010 Page 2 of 2 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. Conditions of Approval. 1. The exterior materials and color for the enclosed porch must be similar to the principal structure. 2. The property owner must obtain all required building and electrical permits. 3. The rear yard shall be landscaped with a variety of deciduous and evergreen vegetation to screen the structure. Motion passed unanimously (5 -to -0 vote).