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Home My WebLink About2010-08-11 PACKET 04.N.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 8/11/10 , PREPARED BY Community Development Howard Blin ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving a variance to rear yard setback requirements to allow a house with a porch to be built at 7293 Hidden Valley Pond. STAFF RECOMMENDATION Adopt the resolution approving the rear yard setback variance at 7293 Hidden Valley Pond, BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ® PLANNING 7/26/10 ® ❑ PUBLIC SAFETY � ❑ ❑ PUBLIC WORKS El F ❑ PARKS AND RECREATION El R El ❑ HUMAN SERVICES /RIGHTS E] ECONOMIC DEV. AUTHORITY ❑ ❑ El El ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 8/5/10 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: ADMINISTRATORS COMMENTS r p '° City Administrator Di COUNCIL ACTION TAKEN: 19 APPROVED ❑ DENIED ❑ OTHER X5 a '4' CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool. Senior Planner DATE: August 5, 2010 RE: Solberg Variance - Rear Yard Setback ... Robert and Roma Solberg have applied for a variance to reduce the required 35 -foot minimum rear yard setback to 28 feet. The Solbergs propose to construct a new single - family home at 7293 Hidden Valley Pond. A screen porch and deck are proposed on the back of the house. The proposed screen porch encroaches into the 35 -foot rear yard setback. Below is a map showing the location of the property: s✓sr 041 al 33s- _ __ - 70th - S met (CSAH 22) n 1 nao � -------- — c Proposed Rear Yard Setback Variance 7293 Hidden Valle_ y Pond Avenue 7291 X19 >300 �� `'� 10q 2j02 J 730a ! ao 9 >d0 8 �J� ^ n \ - A A z s 721Y r, 1505 0 o 500 900 1 Feet I @ L eo rao IF /1 Location Map i � r The Planning Commission reviewed the proposed variance application at their meeting on June 26, 2010. No public testimony was received at that meeting. The Commission unanimously recommended approval (8 -to -0 vote) of Solberg's rear yard setback variance application Honorable Mayor, City Council, and Ryan Schroeder Solberg Rear Yard Setback Variance August 5, 2010 Page 2 of 5 allowing construction of their new home. An excerpt from the Planning Commission's unapproved minutes is attached. Ordinance Requirements The property is zoned R -2.5, Residential District. The minimum rear yard setback is 35 feet for principal structures and 10 feet for accessory structures. City ordinance allows decks without walls or roof to be eight feet from the rear property line. All other minimum setback requirements comply with ordinance requirements. The applicant wants to construct a screen porch on the rear of the house. The southwest corner of this porch will be approximately 28 feet from the rear lot line. The porch is considered to be part of the principal structure and is required to meet the 35 -foot minimum rear yard setback requirement Property Characteristics The applicant's property is on the northwest corner of 73rd Street and Hidden Valley Pond. The vacant parcel has 95 feet fronted along Hidden Valley Pond and 109.6 feet abutting 73rd Street. The rear boundary line juts east of the pond, which causes the buildable area on this lot to be smaller than other lots on this street. A copy of the subdivision plat and aerial photo for this area are shown below. 9 ^ , - Ip O z y Q 7273 7267 Proposed Rear Yard . 7299 ' _7 �er� Subdivision Layout Honorable Mayor, City Council, and Ryan Schroeder Solberg Rear Yard Setback Variance August 5, 2010 Page 3 of 5 Site Aerial Photo House Architecture The new home is a rambler with an attached double car garage. The driveway will connect to Hidden Valley Pond, but the front entrance into the house will face 73rd Street. The front and rear building elevations are shown below. Hera: 5EDINI Rear Elevation Honorable Mayor, City Council, and Ryan Schroeder Solberg Rear Yard Setback Variance August 5, 2010 Page 4 of 5 Front Elevation The site plan showing the location of the new house and the screen porch encroachment is shown below. ,o° sar Ala srxancx uriz S80 '40'20 "L Area of rear yard I encroachment. CO o.00 Qw 1 4,5' �f `"-30' FRONTYARD SETBACK UW 4 �4 Honorable Mayor, City Council, and Ryan Schroeder Solberg Rear Yard Setback Variance August 5, 2010 Page 5 of 5 Public Hearing Notices Public hearing notices were mailed on July 14 feet of the property. 2010, to 31 property owners that are within 500 That the City Council grant a variance to reduce the minimum rear yard setback requirement from 35 feet to 28 feet for property at 7293 Hidden Valley Pond. The recommendation granting this variance is based on the findings of fact and subject to the conditions stipulated in the attached draft resolution. OWN in ■• _• • • WHEREAS, Robert and Roma Solberg applied for a variance to reduce the required 35- foot minimum rear yard setback to 28 feet to construct a new single - family house, on property legally described as: Lot 11, Block 1, Hidden Valley 11th Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 7293 Hidden Valley Pond 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 July 26, 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 variance to reduce the required 35 -foot minimum rear yard setback to 19 feet to 28 feet to construct a new single - family house located on the property legally described above. Granting of this variance is based upon the following findings of fact: A. The principal structure is centrally located on the irregularly- shaped lot. Resolution No. 2010 -XXX Page 2 of 2 B. The parcel is the smallest lot within the Hidden Valley 11th Addition and must comply with two front yard setbacks. C. There is a stormwater basin west of the property. No other residential structures will be constructed west of this site. D. The screen porch will not adversely impact the view of adjoining neighbors of any parks, open space, or wetlands. E. The screen porch will make the home more efficient and livable and increase the property's market value. F. 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 applicant completes a building permit application and the City issues a building permit before construction can begin. 2. The exterior materials and color for the screen porch is similar to the principal structure. Passed this 11th day of August 2010. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk