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HomeMy WebLinkAbout2011-09-07 PACKET 04.J.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/7/11 PREPARED BY Community Development John McCool ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider granting a variance to the 1,000 square foot maximum size for an attached garage to allow a 468 square foot addition and denying a variance for a retaining wall and parking pad within a public utility and drainage easement at 9475 Hillside Trail. STAFF RECOMMENDATION Adopt the resolution granting a variance to the maximum size for an attached garage to allow an addition and denying a variance for a retaining wall and parking pad within a public utility and drainage easement at 9475 Hillside Trail. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ® PLANNING 8 /22/11 ❑ ® Garage size ®Retaining wall SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 8/31/11 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved minutes of the 8/22111 Planning Commission meeting COUNCIL ACTION TAKEN: —]OTHER APPROVED ❑ DENIED CITY OF MINNESOTA TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John McCool, Senior Planner DATE: August 31, 2011 RE: Todd Ehlenz, 9475 Hillside Trail — Attached Garage Size Variance Application Proposal Todd Ehlenz is requesting variance to the City's Zoning Ordinance that limits the garage floor area for an attached garage to 1,000 square feet. Mr. Ehlenz's proposal is to construct an 18 -foot by 26 foot addition (468 square feet) on the south side of his existing attached garage. The exist- ing attached garage has a gross floor area of 792 square feet. The total attached garage floor area will be 1,260 square feet if a variance is granted by the City. The applicant had also requested a variance to construct a retaining wall and parking pad onto a drainage and utility easement, but withdrew this part of his variance application at the Planning Commission meeting on August 22. fi a AReoa lffl a PARK IN 9473 Hillside Trail Garage Size and Pavement Setback Variances COTTAGE GROVE Location Map Planning Commission The Planning Commission reviewed Mr. Ehlenz's variance application at a public hearing on August 22, 2011. Mr. Ehlenz attended the meeting. No public testimony or written comments were received at that meeting. At the Planning Commission meeting, the applicant explained that he no longer was seeking a variance to construct a retaining wall and concrete parking pad that Honorable Mayor, City Council, and Ryan Schroeder Ehlenz Variance Application — Attached Garage Size August 31, 2011 Page 2 of 6 would encroach into a ten -foot wide drainage and utility easement. Mr. Ehlenz stated that the side yard slope along the east side of his property will be re- graded to its original grade once the con- struction of the swimming pool and attached garage addition is completed. The Planning Commission supported the applicant's variance request to exceed the 1,000 square foot attached garage limitation, but not the variance for the retaining wall and parking pad to en- croach on the ten -foot wide drainage and utility easement. The Planning Commission unanim- ously recommended (8 -to -0 vote) granting a variance to the maximum attached garage size as proposed by the applicant and denial of the retaining wall and parking pad to encroach in a public drainage and utility easement. This recommendation was supported by the findings of facts and subject to conditions listed in the draft resolution. An excerpt from the Planning Commission's unapproved minutes is attached. • ., �, , _ Property Characteristics A copy of the Certificate of Survey for this property is attached. This survey shows 16 feet between the existing attached garage and the east property line. A ten -foot drainage and utility easement is shown along the east property line. NoRrN/l` 9N75IvIlZrIbe p /d,, rz7' r -4 u a 2 Site Plan Honorable Mayor, City Council, and Ryan Schroeder Ehlenz Variance Application — Attached Garage Size August 31, 2011 Page 3 of 6 Utilities All the public utilities exist and provide adequate service to this property and all other residential properties in this neighborhood. No public utility needs to be relocated or modified to accommodate the applicant's proposed garage addition or retaining wall and outdoor parking space. Proposed Garage Addition The proposed 18 -foot by 26 -foot garage addition will be constructed with exterior finishes and color scheme that are similar to the existing residential structure. Windows will be installed on the south and east sides of the new garage addition. A window will also be installed on the east side of the existing attached garage. The roof pitch will be the same as the existing attached garage. The new garage addition will comply with all the minimum setback requirements. The building elevations for the proposed garage addition are shown below: r M5m Honorable Mayor, City Council, and Ryan Schroeder Ehlenz Variance Application — Attached Garage Size August 31, 2011 Page 4 of 6 The existing attached garage has a floor area that is approximately 792 square feet. The house is a two -story structure that has approximately 2,036 square feet of finished living space on the first and second floors. The total garage area for the existing and proposed garage addition will be 1,260 square feet. The applicant's written narrative explaining his project is attached. The proposed garage addition, retaining wall, and parking pad are shown on the aerial photo below. 1 MU a p•• lip w roposed etaining / `�. # Wall Cprrt -... Court ool � e! 4 OL w Aerial View ar U L The property owner hired a contractor to construct an in- ground swimming pool in their rear yard. Construction of this swimming pool is now occurring. A temporary access was constructed along the east side of the property in order for the contractor to access the rear yard with equipment and mate- rials. The temporary access is shown in the photograph below. At the Planning Commission meeting on August 22, the applicant withdrew his request to construct a retaining wall and parking pad that would encroach into the drainage and utility easement. Mr. Ehlenz said he would restore the side yard slope to its original condition once the swimming pool and proposed new addition to his attached garage are completed. A copy of the certificate of survey for this property is shown on the right side of the photo. Honorable Mayor, City Council, and Ryan Schroeder Ehlenz Variance Application — Attached Garage Size August 31, 2011 Page 5 of 6 LL91DM TRAIL.SOU ?H N 9939'19' E 90.07 ,o O — — I of, N 09W19" E 1 _ O+ P D.CO A 1 A O I t I East Side Yard Property Survey Variance 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? Public Works Comments The Public Works Department recommends that a retaining wall not be constructed within the existing ten -foot wide drainage and utility easement located along the east property line of this property. The side yard slope along the east side of this property is steep with a defined drainage swale that slopes from Hillside Trail to the south. Surface water drainage from the neighboring property owner's rear yard located east of the applicant's property and the subject property's side yard flows into this Swale. A privacy fence exists along the common property line between these two parcels. A ten -foot wide drainage and utility easement exists along the rear lot line of the neighboring property located east of the applicant's property. The combined width of these adjoining drainage and utility easements is 20 feet. There are no city utilities within these easements. Public Hearing Notices Public hearing notices were mailed to 73 property owners who are within 500 feet of 9475 Hillside Trail. These notices were mailed on August 10, 2011. Honorable Mayor, City Council, and Ryan Schroeder Ehlenz Variance Application — Attached Garage Size August 31, 2011 Page 6 of 6 + +. •, That the City Council adopts a resolution granting a variance to City Code Title 11, Chapter 3, Section 3(F)(6) to allow an 18 -foot by 26 -foot addition (468 square feet) on the south side of an existing attached garage that has a gross floor area of 792 square feet at 9475 Hillside Trail South. The total attached garage floor area will be 1,260 square feet. The draft resolution also denies a variance for the construction of a retaining wall and parking pad within a drainage and utility easement. The findings of fact supporting the recommended variance for the attached garage addition but denying the easement encroachment are outlined in the attached draft resolution. RESOLUTION NO. 2011 -XXX A RESOLUTION GRANTING A VARIANCE TO THE 1,000 SQUARE FOOT MAXIMUM SIZE FOR AN ATTACHED GARAGE TO ALLOW A 468 SQUARE FOOT ADDITION TO AN EXISTING ATTACHED GARAGE AND DENYING A VARIANCE FOR A RETAINING WALL AND PARKING PAD WITHIN A PUBLIC UTILITY AND DRAINAGE EASEMENT AT 9475 HILLSIDE TRAIL SOUTH WHEREAS, Todd Ehlenz applied for a variance to the 1,000 square foot maximum size for an attached garage to allow a 468 square foot addition to an existing 772 square foot garage and to erect a retaining wall and parking pad within a public utility and drainage ease- ment, on property legally described as: Lot 19, Block 3, Sandy Hills First Addition, Cottage Grove, Washington County, State of Minnesota Commonly known as 9475 Hillside Trail South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at the meeting on August 22, 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; 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. The applicant attended the public hearing. No other public testimony was received; and WHEREAS, the Planning Commission unanimously (8 -to -0 vote) recommended to the City Council that the variance to the maximum garage size for an attached garage be granted based on the findings of fact and subject to the conditions of approval listed in the Planning Staff Report; and WHEREAS, the Planning Commission unanimously (8 -to -0 vote) recommended that the City Council deny the variance for a retaining wall and parking pad within a public utility and drainage easement based on the findings of fact listed in the Planning Staff Report. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a variance to the 1,000 square foot maximum size for an attached garage to allow a 468 square foot addition to an existing 772 square foot Resolution No. 2011 -XXX Page 2 of 3 garage on the property legally described above. Granting of this variance is based upon the following findings of fact: A. The total square footage of the proposed attached garage addition and existing attached garage is less than the total living space for this principal structure. B. The exterior building materials, design, and color scheme for the proposed attached garage addition will match the existing principal structure. C. The proposed attached garage addition is in harmony of the existing principal struc- ture and other residential structures in this neighborhood. D. The property is unique because its east side yard abuts the rear yard of the neigh- boring property and the proposed attached garage addition is on the rear side of the existing attached garage. E. The proposal is consistent with the property's reasonable use, will enhance the property's value, and is similar to the essential character of the existing house. BE IT FURTHER RESOLVED, the recommendation for approval of the variance is subject to the following conditions: 1. The applicant must complete a building permit application and a building permit must be issued from the City's Building Inspections Division before construction of the attached garage addition can begin. 2. The applicant shall complete the project in a timely manner. 3. Dust and erosion must be controlled in accordance to best construction methods. 4. The exterior materials and color scheme of the proposed attached garage addi- tion must match the existing principal structure. 5. Constructing a hardsurfaced parking pad along the east side of the principal structure must not encroach on the ten -foot wide drainage and utility easement located along the east side of the applicant's property. BE IT FURTHER RESOLVED, the City Council of the City of Cottage Grove, Washing- ton County, Minnesota, hereby denies a variance for a retaining wall and parking pad within a public utility and drainage easement on the property legally described above. Denial of this variance is based upon the following findings of fact: A. The side yard slope along the east side of the applicant's property is steep and ex- tends to the base of the neighbor's privacy fence. Surface water drainage in this area is mostly along the rear lot line of the neighboring property owner (8802 Jody Circle). Resolution No. 2011 -XXX Page 3 of 3 B. Construction of a retaining wall within the existing ten -foot wide drainage and utility easement will further limit the amount of area for storm water drainage on the appli- cant's property. Passed this 7th day of September 2011. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON AUGUST 22, 2011 6.1 Ehlenz Garage and Retaining Wall Variance — Case V11 -018 Todd Ehlenz has applied for a variance to the 1,000 square foot maximum size for an attached garage to allow a 468 square foot addition to an existing 772 square foot garage and to erect a retaining wall and parking pad within a public utility and drainage ease- ment at 9475 Hillside Trail South. McCool summarized the staff report. He recommended approval of the variance to the maximum garage size based on the findings of fact and subject to the conditions stipulated in the staff report, and denial of the variance for the retaining wall and parking pad within a public utility drainage easement based on the findings of fact in the staff report. Todd Ehlenz, 9475 Hillside Trail South, stated that he is requesting a variance for the garage. He noted that he talked with City staff regarding the retaining wall and parking pad and has decided that he was dropping the request for that variance and was just pursuing the garage size variance. He explained that due to space constrictions, a six -foot wide park- ing pad would not be adequate, and if he gets the garage size variance, he could keep everything inside the garage. He stated that he will restore the grade on the side of the house as soon as the garage addition is constructed. Treber opened the public hearing. No one spoke. Messick closed the public hearing. Poncin asked about notification of this application to neighboring property owners. McCool responded that a public hearing notice was mailed to all property owners within 500 feet of this property. Poncin asked what the basis was for approving this variance. McCool re- sponded that when that ordinance was prepared four years ago, it was to ensure that at- tached garages would not be larger than the house. In this particular case, the house is larger than the garage with the addition would be. If the new addition plus the existing at- tached garage would have been larger than the living space of the house, staff would not be favorable to the variance application. Building code allows for attached garages up to 3,000 square feet. Rostad asked if that was total livable square footage and not just the foundation footprint of the house. McCool responded yes. Wehrle asked if there had been any comments from neighboring property owners. McCool responded that the property owner directly to the east called to ask for clarification on the variance application. They expressed concerns about possible drainage issues in their back- yard, but were ensured that the drainage would not change due to construction of the new addition. They have spoken with the applicant about the proposal, and were unable to attend tonight's meeting. Treber asked for clarification on the 3,000 square foot attached garage versus the 1,000 square foot attached garage. McCool responded that the Uniform Building Code has a limit of 3,000 square feet; the City Code has a limitation of 1,000 square feet. Treber asked about the intent of the City Code use. McCool responded that the City established that ordinance requirement so attached garages are not larger than the living area of the house. Treber asked if the City has granted any similar variances in the past. McCool responded that he would have to check on that. Wehrle asked if granting this variance would set any precedents. McCool responded that every property has its own unique characteristics and the City looks at each property on its own merits. He stated a request to build additional garage space that would be equal or greater than the house size or would not be architecturally consistent with the existing structure or neighborhood may not warrant a variance. Messick stated that the findings of fact note that the neighbor's backyard abuts the appli- cant's side property line, which is a unique characteristic of this property. Other findings state that the addition would fit with the aesthetics of the current home and the square footage is reasonable compared with the rest of the house. Treber agrees with the findings of fact. He looked at the property and believes the design the applicant has proposed makes sense. Brittain made a motion to approve the variance to the 1,000 square foot maximum size for an attached garage to allow a 468 square foot addition to an existing 772 square foot garage at 9475 Hillside Trail South, based on the findings of fact and subject to the conditions listed below; and to deny the variance allowing a retaining wall and parking pad within a public utility and drainage easement. Rostad seconded. Findings of Fact — Approval of Garage Size Variance: A. The total square footage of the proposed attached garage addition and existing at- tached garage is less than the total living space for this principal structure. B. The exterior building materials, design, and color scheme for the proposed at- tached garage addition will match the existing principal structure. C. The proposed attached garage addition is in harmony of the existing principal structure and other residential structures in this neighborhood. D. The property is unique because its east side yard abuts the rear yard of the neigh- boring property and the proposed attached garage addition is on the rear side of the existing attached garage. E. The proposal is consistent with the property's reasonable use, will enhance the property's value, and is similar to the essential character of the existing house. Conditions of Approval — Approval of Garage Size Variance: 1. The applicant must complete a building permit application and a building permit must be issued from the City's Building inspections Division before construction of the attached garage addition can begin. 2. The applicant shall complete the project in a timely manner. 3. Dust and erosion must be controlled in accordance to best construction methods. 4. The exterior materials and color scheme of the proposed attached garage addition must match the existing principal structure. 5. Constructing a hardsurfaced parking pad along the east side of the principal struc- ture must not encroach on the ten -foot wide drainage and utility easement located along the east side of the applicant's property. Findings of Fact— Denial of Retaining Waii/Parking Pad Variance: A. The side yard slope along the east side of the applicant's property is steep and ex- tends to the base of the neighbor's privacy fence. Surface water drainage in this area is mostly along the rear lot line of the neighboring property owner (8802 Jody Circle). B. Construction of a retaining wall within the existing ten -foot wide drainage and util- ity easement will further limit the amount of area for storm water drainage on the applicant's property. Motion passed unanimously (8 -to -0 vote).