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HomeMy WebLinkAbout2010-07-21 PACKET 06.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 7/21/10 r INCIN S MA IN . Community Development ORIGINATING DEPARTMENT Howard Blin .rr�jjrrr[q] COUNCIL ACTION REQUEST 1. Hold the public hearing on a variance application from Daniel and Kristin Matthews. 2. Consider approving a variance to the 18 -foot maximum height for accessory structures to allow a 19.5 -foot high garage at 7729 Jeffery Avenue South. STAFF RECOMMENDATION Adopt the resolution approving the garage height variance at 7729 Jeffery Avenue South. ADVISORY COMMISSION ACTION ® PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS DATE REVIEWED 6/28/10 ❑ Li El El APPROVED DENIED ® ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John M. Burbank dated 7/16/10 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 6/28/10 Planning Commission meeting minutes ADMINISTRATORS COMMENTS l City Administrator Date CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John Burbank, Senior Planner 1 1 RE: Matthews Garage Height Variance — 7729 Jeffery Avenue South Proposal Daniel and Kristin Matthews have applied for a variance to the 18 -foot maximum height for ac- cessory structures to allow a 19.5 -foot high detached accessory structure at 7729 Jeffery Avenue South. Location Map • • •i The Planning Commission reviewed this variance application at their meeting on June 28, 2010. Two neighboring property owners spoke at the meeting. They supported the variance application, but expressed concerns that an accessory building of this size might adversely im- pact their property values and wanted the applicant to plant two trees on the west side of the accessory structure to mitigate visibility of the new structure. Copies of their letters are attached. Memo to Honorable Mayor, City Council Members, and Ryan Schroeder Planning Case No. V10 -020 — Matthews Garage Height Variance July 16, 2010 Page 2 The Commission discussed the slope and drainage issue along the west boundary line that re- sulted in the additional garage height. The applicant explained that there will not be a driveway extending from their existing driveway to the new garage. He also stated that the stairway leading to the upper level storage area is proposed on the west side of the garage because a service door was framed on the east side. Constructing the stairway inside the garage will re- quire the trusses to be modified in order to provide an opening between the trusses and the applicant was concerned that a stairway inside the garage will restrict their ability to access the upper level. The applicant did agree to plant trees on the west side of the detached garage. The Commission did not include the tree planting as a condition of approval. The Planning 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. �. On May 12, 2010, the applicant received a building permit for the construction of a 26 -foot by 36 -foot (936 square feet) detached accessory structure with a height of 18 feet. During the course of a framing inspection, a City Building Inspector identified that the structure was framed in at 19.2 feet. Additional construction of the accessory structure was halted by the in- spector until the issue is resolved. Based on the extent of construction and the tasks and engi- neering required to reframe the structure to the appropriate height, the applicant applied for the requested variance. The property is currently zoned Single Family Residential (R -3). City ordinance allows for de- tached accessory structures up to 1,000 square feet in size with a maximum height of 18 feet. The setback requirements within this zoning district for accessory structures are ten feet from the rear and six feet from the side. 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 consi- dering 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. Memo to Honorable Mayor, City Council Members, and Ryan Schroeder Planning Case No. V10 -020 — Matthews Garage Height Variance July 16, 2010 Page 3 • • � The plan view aerial photograph below shows the layout of the applicant's property in April 2009. A copy of photographs from areas around the site are also detailed below. Front View From Street Memo to Honorable Mayor, City Council Members, and Ryan Schroeder Planning Case No. V10 -020 — Matthews Garage Height Variance July 16, 2010 Page 4 Grade Deviation View Memo to Honorable Mayor, City Council Members, and Ryan Schroeder Planning Case No. V10 -020 — Matthews Garage Height Variance July 16, 2010 Page 5 Side View from Jeffery Avenue Memo to Honorable Mayor, City Council Members, and Ryan Schroeder Planning Case No. V10 -020 — Matthews Garage Height Variance July 16, 2010 Page 6 Public Hearing Notices Notices regarding the Planning Commission meeting were mailed to 56 property owners sur- rounding the applicant's property on June 23, 2010. The public hearing will be held at the City Council meeting on July 21, 2010. The public hearing notices will be mailed on July 10, 2010. That the City Council holds the scheduled public hearing for Daniel and Kristin Matthew's garage height variance application. Depending on testimony, the City Council may grant a variance to the 18 -foot maximum height requirement for accessory structures by allowing the height of the new garage to be 19.5 feet. Approving the variance is subject to the conditions listed in the attached draft resolution. June 27, 2010 Erik & Elizabeth Svedin 7725 Jeffery Ave So Cottage Grove, MN 55016 Attention: City of Cottage Grove Planning Commission Regards: Application for variance to the 18 ft maximum height for accessory structures to allow 19 foot high garage @ 7729 Jeffery Ave South Applicant: Dan and Kristin Matthews Dan and Kristin have requested that we sign a document that states that we have no objection to the request for this variance. That we have no reason to object to this structure they are building in the rear of their home and adjacent to our property @ 7725 Jeffery Ave So. We would sign this document and not object to their request for this variance provided they agree to following: 1. Confirm and provide plans that this structure they are building is for the sole purpose for storage and hobby purposes and that the upper portion of this structure is for storage only and not for living quarters or otherwise. 2. This structure will be used for personal reason only not a business. 3. The stair case on the west side of the building that will provide access to the storage area be a small landing area for the stair case and not a deck or observation platform. 4. That will be no paved driveway to this structure as discussed. Dan indicated that he wouldn't be accessing the garage area but on a few occasions for his boat and hobby vehicles. 5. Agree to plant at least two(2) trees on the west side of their property at the locations we discussed to provide the best obstructed view of the building from our property. Tress should be at least minimum height 8' high at planting and be of sort that will be of a reasonable quick growth, longevity, appealing and provide cover to reduce visibility of this structure from our property. Trees should be planted as soon as possible and no later than October 2010. Our reason for these request's are simply for the protection of our privacy and concerns over the impact this size of building may have on our property value in the future. By submitting these requests may at least provide some assurances and ease our concerns and anxieties by the sudden loss of privacy, concerns regarding property value and address future owner's questions or concerns. It is not our intention to keep Dan and Kristin from building their garage. We wish to be good neighbors and welcome them to our community. June 28, 2010 Larry & Connie Schyma 7677 Jensen Ave So Cottage Grove, MN 55016 Attention: City of Cottage Grove Planning Commission Regards: Application for variance to the 18 ft maximum height for accessory structures to allow 19 ft high garage @7729 Jeffrey Ave South Applicant: Dan and Kristin Matthews We would agree to a variance provided they agree to the following: 1. Confirm and provide plans that this structure they are building is for the sole purpose for storage and hobby purposes and that upper portion of this structure is for storage only and not for living quarters or otherwise. 2. This structure will be used for personal reason only not a business. 3. The stair case that is to be on the west side of the building be moved to the east side to provide neighbors some privacy. This is to be a stair case and not a deck. 4. Agree to plant some trees on the west side of the property at least minimum height of 8 feet at planting. Trees planted should have quick growth, longevity and appealing to the neighbors. This would provide some privacy for the neighbors. Trees should be planted as soon as possible but before fall of 2010. 5. We also have concerns regarding what this has done to property values in the area around the structure. Our reason for this request is because we were never asked about a garage being built and how high the structure would be and how many vehicles would be stored. We only heard things by word of mouth. All I know is this is a massive structure going in an area that had been established with trees, shrubs etc for privacy which have now disappeared. Why did the size of the building go beyond what the permit allowed and how many people in the future will keep pushing for higher and larger building using variances? Best Regards, La Schyma Connie Schyma WHEREAS, Daniel and Kristin Matthews applied for a variance to the 18 -foot maximum height for accessory structures in the R -3, Single Family Residential zoning district, to allow a 19.5 -foot high garage, on property legally described as: Lot 5, Block 2, Pinetree Pond East 2nd Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 7729 Jeffery Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at the meeting 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 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. 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 City Council held the public hearing on July 21, 2010; 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 NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a variance to the 18 -foot maximum height for accessory structures to allow a 19.5 -foot high garage 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. Due to the elevation drop in the backyard of the property, the slab elevation of the accessory structure is significantly lower than the first floor elevations of the applicant's home and those of the neighboring properties. B. Without measurement equipment or references, a 1.5 -foot elevation deviation of the height of the accessory structure is imperceptible to the naked eye from the property lines. C. The applicant's lot and adjacent lots are populated with mature deciduous and evergreen trees that provide screening of the structure. D. The structure is not readily visible from the street or adjacent properties. 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 property owner must revise the existing building permit application prior to the commencement of any additional construction begins. 2. Erosion control measures must be utilized during construction. 3. The exterior materials and color for the proposed accessory structure must be similar to the principal structure. 4. Tree protection is required during construction for trees adjacent to the structure building pad. Passed this 21st day of July 2010. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk ID EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON JUNE 28, 2010 6.5 Matthews Garage Height Variance — Case V10 -020 Daniel and Kristin Matthews have applied for a variance to the 18 -foot maximum height for accessory structures to allow a 19 -foot high garage at 7729 Jeffery Avenue South. (The public hearing will be held at the City Council meeting on July 21, 2010.) Blin summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. He reported that letters were re- ceived from Eric and Elizabeth Svedin and Larry and Connie Schyma, who are adjacent property owners. The Svedin letter states no objection to the request provided the following conditions are agreed to: the structure be used only for storage and hobby purposes; be used for personal reasons and not business reasons; the staircase on the west side of the building to provide access to the storage area not include a deck or larger area where people could gather; access to the structure not be via a paved driveway; and the applicant agree to plant at least two trees on the west side for screening purposes. The applicant is agreeable to all of those conditions. The Schyma letter raised many of the same issues, but also asked that the stairway be moved to the east side of the structure. Willhite asked if it is possible to put the staircase on the east side or on the inside. Dan Matthews, 7729 Jeffery Avenue South, stated that due to code requirements the main entry door is on the east side, and there are slope and water runoff issues on the east side. To put the staircase inside, they would need to change the truss spacing. Linse asked if there should be a couple inches added to the 19.2 feet to account for roof shingles. Blin stated that staff will determine the height with the sheathing and shingles. Linse asked if the garage height was less than 18 feet, they would not need a variance with any conditions. Blin responded yes. Messick stated that as guidance to send to the Council, the way the property is sloped shows hardship for the applicant. Since there would not have been any conditions if the structure was under the 18 feet, the variance should be approved without those conditions. Blin stated that the city does enforce the home occupation ordinances. He asked the appli- cant to address the request for additional trees. Matthews stated that they do plan on planting a couple of trees on the west side of the property. Rostad asked if the step structure on the west side of the house falls within setback requirements. Blin responded yes. Messick asked if there were any public comments on the application. Eric Svedin, 7725 Jeffery Avenue South, stated that he submitted his letter because he wanted to address some concerns he has about the building. He stated that they have lived in their home for 20 years and built their landscaping around the privacy of their yard. Matthews has been cooperative and agreed to plant some trees to help obstruct the view of Excerpt from Planning Commission Minutes Matthews Garage Height Variance —Case V10 -020 June 28, 2010 Page 2 of 3 the building from their home and pool, but the biggest concern he has is the impact a large structure next door would have on his property value. He stated that Matthews agreed to to plant the trees in a timely manner. He added that he does not want to hold the project up, and asked that this get worked out so Matthews can finish the garage. Larry Schyma, 7677 Jensen Avenue South, stated that the reason he brought up moving the staircase to the east side is so his neighbor has some privacy. He stated that he was never approached about the building being built. He expressed concern about the impact of property values due to the size and height of garages being built and other code enforce- ment issues he has seen in the neighborhood. Messick stated that there is a height limita- tion of 18 feet and the only reason the Planning Commission is addressing this is because the structure is a foot too tall. He encouraged Schyma to contact the City to discuss the code enforcement issues. Willhite stated that her concern about the garage is that one of her friends had the same is- sue with a larger garage being built next door and the friend had no recourse. She was asking the questions ensure that everything was going well between the neighbors. Councilmember Olsen stated that from the Council's perspective, if anyone has concerns about property issues to visit with the Councilmembers. He stated that the Council is com- mitted to ensuring all properties in the city are kept to the highest standards enforceable by city code. Poncin made a motion to recommend approval of the variance based on the findings of fact and subject to the conditions listed below. Willhite seconded. Findinqs of Fact: A. Due to the elevation drop in the backyard of the property, the slab elevation of the accessory structure is significantly lower than the first floor elevations of the ap- plicant's home and those of the neighboring properties. B. Without measurement equipment or references, a 1.2 -foot elevation deviation of the height of the accessory structure is imperceptible to the naked eye from the property lines. C. The applicant's lot and adjacent lots are populated with mature deciduous and evergreen trees that provide screening of the structure. Con ditions of A pproval: 1. The property owner must revise the existing building permit application prior to the commencement of any additional construction begins. Excerpt from Planning Commission Minutes Matthews Garage Height Variance — Case V10 -020 June 28, 2010 Page 3 of 3 2. Erosion control measures must be utilized during construction. 3. The exterior materials and color for the proposed accessory structure must be similar to the principal structure. 4. Tree protection is required during construction for trees not on the structure building pad. Motion passed unanimously (5 -to -0 vote).