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HomeMy WebLinkAbout2011-07-20 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM "41e- DATE 7/20/11 Community Development ORIGINATING DEPARTMENT Danette Parr STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving a variance allowing the construction of 13,584 square feet of accessory structures at 11000 Manning Avenue South. 2. Consider approving a conditional use permit for a horse stable and indoor arena at 11000 Manning Avenue. STAFF RECOMMENDATION Adopt the resolution approving the variance and conditional use permit. ADVISORY COMMISSION ACTION DATE ® PLANNING 6/27/11 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY SUPPORTING DOCUMENTS ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ® MEMO /LETTER: Memo from John McCool dated 7/14/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 6/27/11 Planning Commission meeting minutes ADMINISTRATORS COMMENTS i City Administrator Date COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER CITY OF COTTAGE GROVE MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: July 13, 2011 RE: Kevin McGrath and Molly Femholz- 11000 Manning Avenue South Proposal Kevin McGrath and Molly Femholz, 11000 Manning Avenue, have requested the following: 1. A vanance to allow 13,584 square feet of accessory structures when 5,220 square feet is the maximum square footage allowed by City Ordinance. 2. A conditional use permit for an indoor horse arena and horse stables. Planning Commission Review The Planning Commission held a public heading on June 27, 2011. No written comments were received. Michael Mingo, 10940 Manning Avenue, spoke at the public hearing to express his preference that the proposed horse barn and indoor arena not ba constructed on the property and believed that a public right -of -way easement along the west side of Manning Avenue (State Highway 95) was granted when the applicant's property was created. The applicant explained that the proposed location of their horse barn is the best location topographically and will provide for only a limited amount of ground needing excavation. Mr. McCarthy offered to discuss with Mr. Mingo the possibility of locating the proposed structure at some other location on their property. Being no other testimony, the public hearing was closed and the Planning Commission ill 000 Ma min Aven +. 1 1 FT Q \ L v+ \ 4 Planning Commission Review The Planning Commission held a public heading on June 27, 2011. No written comments were received. Michael Mingo, 10940 Manning Avenue, spoke at the public hearing to express his preference that the proposed horse barn and indoor arena not ba constructed on the property and believed that a public right -of -way easement along the west side of Manning Avenue (State Highway 95) was granted when the applicant's property was created. The applicant explained that the proposed location of their horse barn is the best location topographically and will provide for only a limited amount of ground needing excavation. Mr. McCarthy offered to discuss with Mr. Mingo the possibility of locating the proposed structure at some other location on their property. Being no other testimony, the public hearing was closed and the Planning Commission Honorable Mayor, City Council, and Ryan Schroeder McGrath Variance and CUP Applications — Horse Barn and Indoor Arena July 14, 2011 Page 2 of 6 unanimously approved (4- to -0 vote) the variance application to the Ordinance regulation limiting the size of agricultural buildings based on the findings and subject to the conditions listed in the Planning Staff Report, and assurance that the public right -of -way easement along Manning Avenue is not impacted. The motion to approve the conditional use permit application for an indoor horse arena and horse stables was also unanimously approved (4 -to -0 vote). This motion was subject to the conditions listed in the planning staff report. An excerpt from the Planning Commission's draftt minutes for their meeting on June 27, 2011 is attached. ♦ • r The applicants' property was originally part of a farmstead comprising approximately 159 acres of agriculturally zoned land that abutted U.S. Highway 61 and Manning Avenue. In 1995, the property owner sold two 20 -acre parcels along Manning Avenue and proposed to sell a third parcel fronting along Manning Avenue, but that parcel only had 17.5 acres of land. Because the parcel was less than 20 acres and the overall density within this particular quarter - quarter sec- tion would exceed the ordinance limitation of one dwelling unit per quarter - quarter section, the property owner at that time proposed to transfer density from his remaining farmstead to this 17.5 -acre parcel so a house could be constructed. A minor subdivision exemption application was filed to subdivide a 37.5 -acre parcel into a 20 -acre parcel and a 17.5 -acre parcel. A deed restriction not permitting the construction of a house was placed on the 20 -acre parcel and the building unit was transferred to the 17.5 -acre parcel. The City Council approved this application on April 19, 1995 (City Resolution No. 95 -53). One of the conditions in Resolution No. 95 -53 was that the property owner was required to dedicate to Mn /DOT the easterly 60 feet of their property for public right -of -way. A deed for this 60 -foot was recorded at Washington County. Project Description The applicant is proposing to construct a 30 -foot by 40 -foot shed, which would be located north of their existing house and a 172 -foot by 72 -foot metal pole barn that would be located in the front area of their 17.4 acre parcel. The proposed exterior walls, roof, and doorways are made of steel that are attached to a wood interior frame structure. The metal roof would have a 4/12 pitch and would be a tan color. The exterior walls would be red and tan in color and compliment the colors of the existing house. A copy of the applicant's letter is attached. The aerial photo below shows the location of the existing house and the proposed location of the 30 foot by 40 -foot shed and the new location of the horse barn and indoor arena. The appli- cant had originally proposed placing the horse barn and indoor arena 150 feet west of Manning Avenue, but because of the neighboring property owner's concerns, the applicant is proposing a front yard setback of approximately 492 feet west of Manning Avenue. The 105 -foot side yard setback from the north boundary line remains at 105 feet. All the yard setbacks for both acces- sory structures exceed the minimum ordinance requirements. The applicant met with the neigh- boring property owner, and the new location of the horse barn and indoor arena have been found acceptable by both parties. Honorable Mayor, City Council, and Ryan Schroeder MOCa1h Variance and CUP Applortions — Horse Barn and Indoor An !u:y 14, 2011 Page 3 0` a '� #g h> do 1 1 LAM x. u threat #r 4i000 �" # e Prop sae Pole Sara _ 211 rare. 112,2e4s4.na s ." r„ b es e +r O!5�1 Aerial Photo Property Characteristics The majority of the property is currently utilized as pasture land and Is surrounded by agricul- tural uses. The existing house is located on the western third of the 17.4 acre parcel. A private well and sanitary sewer septic system service the house. Planning Considerations Ordinance Criteria The site is currently guided'RUrel Residential" on the Future Land Use Map of the adopted Fu- ture Vision 2030 Comprehensive Plan and P zoned Agricultural Preservation (Al The pro- posed horse stable is primarily for the applicant's private use, although boarding of other horses could be possible in the future. Horse equa ng and stables are allowed by the approval of a conditional use permit. The number of accessory structures for agricultural uses is unlimited. The total size of all acces- sory buildings is limited to 300 square feet per acre of land. The applicant's property is 17.4 acres, therefore the maximum size of all accessory structures is 5,220 square feet. The appli- cant is proposing 13,584 square feet of accessory structures. Building /Architecture The proposed horse barn will have 12 stalls, feed room, tack room, restroom, utility room, wash stall, and a 72 -foot by 104 foot Indoor riding arena. The proposed shed will be for storing hay, wood shavings, and equipment. The stable area will have 10 -foot walls and the arena will have 14 -fool walls. Acopy of the building elevations and floor plan are shown below. Honorable Mayor, City Council, and Ryan Schroeder McGrath Variance and CUP Applications — Horse Barn and Indoor Arena July 14, 2011 Page 4 of 6 West Elevation East Elevation Floor Plan North Elevation South Elevation Honorable Mayor, City Council, and Ryan Schroeder McGrath Variance and CUP Applications — Horse Barn and Indoor Arena July 14, 2011 Page 5 of 6 Setbacks The proposed location of the building exceeds the minimum setbacks for the zoning district, as well as the minimum 300 -foot setback from any residential dwelling other than the dwelling on the applicant's property. Since the Planning Commission meeting on June 27, 2011, the applicant has modified the loca- tion of the proposed horse barn as the result of discussing this matter with the property owner northeast of their property. The proposed horse stable is now proposed to be 105 feet from the north property line, 492 feet from the east property line, and 318 feet from the south property line. The location of this structure is farther away from Manning Avenue and the south property lines than originally proposed. Waste Management The applicant has indicated that the manure from the horses will be composted on site. Based on the size of the 17.4 -acre site, the maximum number of horses allowed on the site in accor- dance with the MPCA regulations is 17 horses. If the City receives complaints about odors from the site due to the composting operation, the complaints would trigger review of the conditional use permit by the City Council. Variance and Conditional Use Criteria The City Council may grant variances from the strict application of the Zoning Ordinance and can impose conditions and safeguards on the variance. Under the new variance law that went into effect on May 6, 2011, the city should adopt findings addressing the following questions: • Is the variance in harmony with the purposes and intent of the Ordinance? • Is the variance consistent with the Comprehensive Plan? • Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? The following criteria may be taken into consideration when granting a conditional use permit: 1. The use will be in conformity with the City's Comprehensive Plan. 2. The use is compatible with the existing or intended character of that zoning district in which it is located. 3. The use does not depreciate values of surrounding property. 4. The use is not hazardous, detrimental or disturbing to present and potential surround- ing land uses due to noises, glare, smoke, dust, odor, fumes, water pollution, vibra- tion, general unsightliness or other nuisances. 5. The use will generate minimal vehicular traffic on local streets as defined by the trans- portation element of the Comprehensive Plan. The use must not create traffic conges- tion, unsafe access or parking needs that will cause inconveniences to the adjoining properties. 6. The use can be served adequately by essential public services, such as streets, police, fire protection and utilities. 7. The use does not create excessive additional requirements at public cost for public facilities and services and is not detrimental to the economic welfare of the City. Honorable Mayor, City Council, and Ryan Schroeder McGrath Variance and CUP Applications — Horse Barn and Indoor Arena July 14, 2011 Page 6 of 6 8. The use shall preserve and incorporate the site's important natural and scenic features into the development design. 9. The use shall cause minimal adverse environmental effects. 10. The use shall not adversely affect the potential development of adjacent vacant land. Responses to the variance and conditional use permit criteria's have been incorporated into the draft resolution approving both applications. Recommendation That the City Council approve a resolution for the following planning applications, based on the findings of facts and conditions stipulated in the attached draft resolution: A variance to allow 13,584 square feet of accessory structures when 5,220 square feet is the maximum square footage allowed by City Ordinance. 2. A conditional use permit for an indoor horse arena and horse stables. RESOLUTION NO. 2011 -XXX A RESOLUTION GRANTING A VARIANCE TO ALLOW 13,584 SQUARE FEET OF ACCESSORY STRUCTURES AND A CONDITIONAL USE PERMIT FOR AN INDOOR HORSE ARENA AND HORSE STABLES AT 11000 MANNING AVENUE SOUTH WHEREAS, Kevin McGrath and Molly Fernholz applied for a variance to allow 13,584 square feet of accessory structures when 5,220 square feet is the maximum square footage allowed by City ordinance and a conditional use permit for an indoor horse arena and horse stables, on property legally described as: The North 495.50 feet of the following described property: That part of the Northeast Quarter of Section 36, Township 27, Range 21, Washington County, Minnesota, described as follows: Beginning at the Northeast corner of said Section 36; thence West 92 rods and 20 links; thence South 99 rods; thence East 92 rods and 20 links; thence North to the place of beginning. Commonly known as 11000 Manning Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at the meeting on June 27, 2011; 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 these criteria is as follows: Is the variance in harmony with the purposes and intent of the ordinance? Is the variance consistent with the comprehensive plan? Does the proposal put property to use in a reasonable manner? Are there unique circumstances to the property not created by the landowner? Will the variance, if granted, alter the essential character of the locality? The City may impose conditions and safeguards in granting any variance; and 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 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 unanimously (4 -to -0 vote) recommended to the City Council that the variance be granted based on the findings of fact listed in the Planning Staff Report; and Resolution No. 2011 -XXX Page 2 of 3 WHEREAS, the Planning Commission unanimously (4 -to -0 vote) recommended that the City Council grant the conditional use permit, subject to the 12 conditions listed in the staff report with an added condition. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a variance to allow 13,584 square feet of accessory structures when 5,220 square feet is the maximum square footage allowed by City ordinance and a conditional use permit for an indoor horse arena and horse stables on the property legally described above. Granting of this variance is based upon the following findings of fact: A. The property is agriculturally zoned and is surrounded by agricultural uses. The characteristic of the proposed horse stable and indoor arena is in harmony with rural and agricultural properties that surround this site. B. The variance is consistent with the agricultural land use designation shown on the future land use map of the adopted Future Vision 2030 Comprehensive Plan. C. The proposed horse stable and indoor arena would provide a reasonable use for this 17.4 -acre rural parcel. D. There is no unique characteristic to the property that requires the square footage of accessory structures to exceed the 5,220 square foot city ordinance maximum. E. The construction of a horse stable and indoor arena will change the essential character of the property because only a residential house exists on the property, but the proposal is characteristic of other rural and agricultural properties in this area. BE IT FURTHER RESOLVED, the recommendation for approval of the variance and conditional use permit is subject to the following conditions: 1. All applicable permits (i.e., building, electrical, grading, and mechanical) and a commercial plan review packet shall be completed, submitted, and approved by the City prior to commencement of any construction activities. Detailed construction plans will be reviewed and approved by the Building Official and Fire Marshall. 2. Final exterior construction materials and colors will be reviewed and approved by the Planning Department prior to the issuance of a building permit. 3. There shall be only one access drive located on Manning Avenue. 4. A feedlot permit shall be obtained if required from the Minnesota Pollution Control Agency prior to the issuance of a building permit. Any MPCA standards relative to commercial horse stables must be complied with. Resolution No. 2011 -XXX Page 3 of 3 5. Feed storage on the site shall be properly stored in a manner that does not promote rodent problems 6. If the property is ever subdivided or rezoned to a non - agricultural zoning classification, the use shall be discontinued, and the building sizes must be reduced to comply with the accessory structure standards applicable at the time of the zoning change for the property. 7. The applicant shall provide the City with an as -built survey of the facility. 8. The signage on the site must comply with the City's Sign Ordinance. 9. All outdoor lighting must be directed downward and away from residential property and public street, and must not exceed .5 foot - candle at the property lines. 10. Riding horses on abutting public roadways is prohibited. To ride on adjoining properties, permission must be granted by the property owner of the property on which the rider wants to ride. 11. Excessive odors, rodent infestations, traffic accidents, or other operational issues caused by the existence of this horse stable brought to the attention of the City will be cause for City Council review and possible modification of the conditions of the conditional use permit. This review may result in amendment or revocation of the conditional use permit. 12. No accessory structure or space within an accessory structure should be used to store items that the property owner does not own. 13. City staff will check with the Minnesota Department of Transportation on the size of the roadway easement for Highway 95 (Manning Avenue). Passed this 20th day of July 2011. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON JUNE 27, 2011 6.1 Manning Avenue Horse Barn — Case V11 -014 and CUP11 -015 Kevin McGrath and Molly Fernholz have applied for a variance to allow 13,584 square feet of accessory structures when 5,220 square feet is the maximum square footage allowed by City ordinance and a conditional use permit for an indoor horse arena and horse stables at 11000 Manning Avenue South. McCool summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Kevin McGrath, 11000 Manning Avenue South, stated that their family would like to build a barn to keep their brood mares and a show horse on their property. Messick asked about Finding of Fact "d," which says there are no unique characteristics to the property that requires the square footage of accessory structures to exceed the 5,220 square foot. McCool responded that there are other 20 -acre or larger parcels of land in that area, and those property owners could make application if they would like additional square footage for accessory buildings. Rostad noted that the propery is currently guided rural residential and asked what the lot sizes are for rural residential properties. McCool responded that there are two rural residential zoning classifications: one has a three -acre minimum and the other has 1.5 -acre minimum. Because this property is currently zoned AG -1, Agricultural Preservation, the minimum lot area is 1.5 acres to accommodate a septic system, but there is a density limitation of one unit per 40 acres. The parcel does not have to be 40 acres; a house could be built on 1.5 acres but the other 38.5 acres would need some kind of deed restriction that would not allow for other homes to be built. Messick opened the public hearing. Mike Mingo, 10940 Manning Avenue South, stated that he lives on the three -acre parcel just north of the proposed horse barn. He stated that when the house was built on that 17 -acre property, a variance was required because it was not 20 acres. He asked if staff looked into the stipulations that were part of the variance approval. McCool responded that he reviewed the stipulations, which stated that the property could not be subdivided for additional lots. Mingo asked if staff talked with the highway department about this building. McCool re- sponded no because there is no change to the access drive onto Highway 95. Mingo stated that the access drive was the big issue when the house was built because that was the only access the highway department would give them to that property. He explained his property was built in 1957 and there is a 33 -foot easement off the center line of the highway but he be- lieves the highway department increased the roadway easement on the three parcels when they were subdivided. Messick asked if the certificate of survey shows the easement. McCool explained that the properties were not platted because it is agricultural land and they could create 20 -acre parcels. The variance that was granted was to allow for a smaller parcel than 20 acres to be developed. McGrath stated they had a survey done when they purchased the Planning Commission Minutes June 27, 2011 Page 2 of 4 property, and there is a 33 -foot easement, which is the standard size in Minnesota. Brittain asked about impacts on the property due to the long -term plan to widen Highway 95 turning in the future. McCool responded that any improvements to Highway 95 would require the acqui- sition of additional easements for right -of -way purposes. Brittain asked about the future size of Highway 95. McCool stated that past discussions were it would be a four -lane roadway, so there could be a significant acquisition of additional right -of -way. Brittain wanted more infor- mation on the future size of Highway 95 and what easements would be needed. McCool responded that staff would contact Mn /DOT for that information. Mingo stated that he he does not want to live next to a horse barn and asked if that was the only place on the property for the barn. He noted that along Manning Avenue, pole barns are on the back side of the properties. Brittain asked why that location was chosen. McGrath re- sponded that the topography is the main reason. Their preference would have been to have the barn closer to their house due to easier access, but it was a matter of where the building would best fit on their property. Brittain asked if there are topography challenges to the south of the proposed location. McGrath stated that it is relatively the same grade across the prop- erty and they would be happy to work with their neighbor in trying to find a location that works. He explained that they were advised that the proposed location would be the most economical but if it does not work for their neighbors, they would be happy to talk about other locations. They want it to be a nice facility and to improve the property. The only location the structure cannot be located is behind the house because of a pond. Mingo requested that staff talk with the highway department about the roadway easement. He reiterated that he does not want to live next to a horse barn. Brittain asked if he would like to have the barn moved farther to the south on the property. Mingo responded that a large barn may affect the future sale of his property. He does not believe traffic would be a big issue. Brittain asked about the size of the horse barn to the south and if there has been any traffic impact from this larger structure. McCool responded that it is slightly over 20,000 square feet. McGrath stated that originally there were 32 stalls but the owner has converted a couple back to storage so he has about 30 stalls; he is proposing 12 or 13 stalls. No one else spoke. Messick closed the public hearing. Messick stated that he visited the area to look at the properties and believes the findings of fact fit the property. He appreciates the concerns that were voiced and the willingness of the applicant to work with his neighbors. The Planning Commission's jurisdiction is to review the application to see if it fits within the comprehensive plan and to determine if the findings of fact correct. He believes the neighbors should work with each other on the exact location. He supports the application as written. Brittain suggested a potential condition to confirm with the highway department that there is not an additional easement placed on that road. He does not see this would be an issue but it should be checked. Brittain made a motion to approve the variance to allow 13,584 square feet of accessory structures for an indoor horse arena and horse stables at 11000 Manning Avenue South, based on the findings of fact and subject to the conditions listed below, with the Planning Commission Minutes June 27, 2011 Page 3 of 4 added condition that staff check with MWDOT regarding roadway easements on High- way 95. Pearson seconded. Motion passed unanimously (4 -to -0 vote). Pearson made a motion to approve the conditional use permit subject to the conditions listed below. Rostad seconded. Motion passed unanimously (4 -to -0 vote.) Findings of Fact: a. The property is agriculturally zoned and is surrounded by agricultural uses. The characteristic of the proposed horse stable and indoor arena is in harmony with rural and agricultural properties that surround this site. b. The variance is consistent with the agricultural land use designation shown on the future land use map of the adopted Future Vision 2030 Comprehensive Plan. c. The proposed horse stable and indoor arena would provide a reasonable use for this 17.4 -acre rural parcel. d. There is no unique characteristic to the property that requires the square footage of accessory structures to exceed the 5,220 square foot city ordinance maximum. e. The construction of a horse stable and indoor arena will change the essential cha- racter of the property because only a residential house exists on the property, but the proposal is characteristic of other rural and agricultural properties in this area. Conditions of Approval: 1. All applicable permits (i.e., building, electrical, grading, and mechanical) and a com- mercial plan review packet shall be completed, submitted, and approved by the City prior to commencement of any construction activities. Detailed construction plans will be reviewed and approved by the Building Official and Fire Marshall. 2. Final exterior construction materials and colors will be reviewed and approved by the Planning Department prior to the issuance of a building permit. 3. There shall be only one access drive located on Manning Avenue. 4. A feedlot permit shall be obtained if required from the Minnesota Pollution Control Agency prior to the issuance of a building permit. Any MPCA standards relative to commercial horse stables must be complied with. 5. Feed storage on the site shall be properly stored in a manner that does not promote rodent problems 6. If the property is ever subdivided or rezoned to a non - agricultural zoning classifica- tion, the use shall be discontinued, and the building sizes must be reduced to comply with the accessory structure standards applicable at the time of the zoning change for the property. 7. The applicant shall provide the City with an as -built survey of the facility. Planning Commission Minutes June 27, 2011 Page 4 of 4 8. The signage on the site must comply with the City's Sign Ordinance. 9. All outdoor lighting must be directed downward and away from residential property and public street, and must not exceed .5 foot - candle at the property lines. 10. Riding horses on abutting public roadways is prohibited. To ride on adjoining prop- erties, permission must be granted by the property owner of the property on which the rider wants to ride. 11. Excessive odors, rodent infestations, traffic accidents, or other operational issues caused by the existence of this horse stable brought to the attention of the City will be cause for City Council review and possible modification of the conditions of the conditional use permit. This review may result in amendment or revocation of the conditional use permit. 12. No accessory structure or space within an accessory structure should be used to store items that the property owner does not own.