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HomeMy WebLinkAbout2012-04-18 PACKET 04.C.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEn!!y- DATE 4/18/12 PREPARED BY Community Development John McCool ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving a variance to reduce the required 35 -foot minimum rear yard setback to 27 feet to allow construction of a 16 -foot by 24 -foot addition on the northeast corner of the house at 9842 77th Street South. STAFF RECOMMENDATION Adopt the resolution approving the variance to the rear yard setback requirements at 9842 77th Street South. BUDGET IMPLICATION $N /A $N /A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE REVIEWED APPROVED DENIED ® PLANNING 3/26/12 ❑ ® ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 4/10/12 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from unapproved minutes from 3/26/12 Planning Commission meeting ADMINISTRATOR'S COMMENTS City Administrator L, /( 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: April 10, 2012 RE: Jamie and Lisa Newpower Variance Application — Minimum Rear Yard Setback Proposal Jamie and Lisa Newpower have applied for a variance to reduce the required 35 -foot minimum rear yard setback to 27 feet to construct a 16 foot by 24 foot addition on the northeast corner of their house. The property is located at 9842 — 77th Street South. Cottage Grove Mid e�B 1 "41 rs. i• � \ , tY �t,q'89�� fi.178� ' 1 95 _ ­-­."4. , I �{• �' �E��ieti c l88 ' y745' 74t 7488 80th Street _ ti reet (A a ! 772.1 9$4SC1 a im 0l`` 9$571' I 7I6S �� E � y • �R+. 5!I 87 fto �; cJ �1`yys9� • 'y �� ` d a In Q W Y 0 85170 34tg& 510 680 Feet ti Location Map Advisory Commission Recommendation Proposed Rear Yard Setback \ 9842 - 77th Street 8 f�i S • �. 4,- . s_ .7Zo 71 1• der j � p ��n O 77 . �ppqq7 9Gi, "• 96$3 � I�ti g Planning Commission The Planning Commission reviewed Newpower's variance application at a public hearing on March 26, 2012. Mr. and Mrs. Newpower both attended the meeting. No oral testimony or written comments were received at the meeting. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Newpower Variance Application — Minimum Rear Yard Setback April 10, 2012 Page 2 of 5 The Planning Commission supported the applicant's proposal and unanimously (9 -to -0 vote) rec- ommended that the City Council approve the rear yard variance application to reduce the minimum rear yard setback from 35 feet to 27 feet. An excerpt from the Planning Commission's unapproved minutes is attached. Ordinance Requirements The property is zoned Low Density Residential (R -4). The minimum rear yard setback require- ment is 35 feet for principal structures and 10 feet for accessory structures. The maximum lot coverage for structures is 30 percent of the lot area. The applicant's parcel has a total lot area of 9,433 square feet. The principal structure is 2,300 square feet, the shed is 100 square feet, and the proposed addition is 384 square feet. The total structure area is 2,784 square feet and does not exceed the maximum structure lot coverage. Except for the 35 -foot minimum rear yard set- back requirement for the proposed addition, all other Zoning Ordinance requirements are in compliance. The Planning Commission may recommend a variance from the strict application of the provision of this title, if they find that: 1. The variance is in harmony with the purposes and intent of this title. 2. The variance is consistent with the comprehensive plan. 3. The proposal puts the property to a reasonable use. 4. There are unique circumstances to the property not created by the landowner. 5. That the conditions upon which an application for a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. 6. That the purpose of the variance is not based exclusively upon a financial hardship. 7. That the granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. 8. That the proposed variance will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. AGMM •- • Property Characteristics The house was constructed in 2000 and the shed in 2011. The existing 16 -foot by 24 -foot deck on the rear of the house was constructed in 2001. The lot width is 72.5 feet and the average lot depth is 130.11 feet for a total lot area of 9,433 square feet. Drainage and utility easements exist along all four sides of the lot. The trapezoid shaped drainage and utility easement in the rear yard is the largest easement on this lot. The certificate of survey prepared in 2000 and an aerial photograph of the property with the proposed addition depicted on the aerial are shown below. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Newpower Variance Application — Minimum Rear Yard Setback April 10, 2012 Page 3 of 5 9642 77TH STREET SOUTH CERTIFICATE OF SURVEY For N Orrin Thompson Homes (A Division 0 US Home Corporation) S 89 °29'37" E 72.50 (91LO ' — o LOT 3 I$ %(914.6) Proposed 16 ft. X 24 ft. i):NNAGE C V 41TYj 3 (912.91 Addition W o E SEMENT W I r CID UJW l 36 iy ) rti �\ it o \ r e v ) � ° ■916.6 91 J.BxQ (WALKWT) ` O Q \ .17 r 14. - E OUSEL n m\ rn . o 921.6 M ci 24 -33 r (920:9 920.5 Y to 0 BENCH MARK "' a E7GSTNG ° o BENCH MARK TOP SPIKE .Y, 5 DRIVEW A „�� TOP OF SPIKE ELEV.- 919.75 _ ELEV.-919.45 (918.5 916.0]916. 9 5 ` 918.6 52.85 (19.�11 916.3" 91r1 -0 (917-61 9175 77TH STREET SOUTH Cottage Grove Middle School Open Space and Recreation Fields Proposed 16 ft. by 24 ft. Addition Shed I! House i 4� Attached 1 Garage N r. I � ^ 1: w E f S e 9842 Feet 0 16 30 60 2009 Aerial Photograph r� l' I Honorable Mayor Bailey, City Council Members and Ryan Schroeder Newpower Variance Application — Minimum Rear Yard Setback April 10, 2012 Page 4 of 5 Proposed Addition The proposed four - season porch will replace the 16 foot by 24 foot deck. The applicant is also contemplating the idea of enclosing the space beneath the proposed addition to create additional living space from their walkout basement level. In doing this, the building's footing design must be modified. A small landing and stairway similar to the stairway shown in the photographs below might also be constructed on the west side of the new addition. The proposed new addition does not en- croach on or over the drainage and utility easement located in the rear yard. The exterior siding and roof materials will match the siding and exterior color scheme of the principal structure. Windows will be installed on all three sides of the new addition. The appli- cant's preliminary sketch plans showing the new addition's elevations are shown below. we, had ik plans dvaw✓i tkp when we wart - fotd vie Courtonly ow4 8 4 -f)VY0 ©w, h10 We are appiy" Fov p vav�ance 4u 5o ouk tQ �t fi- 41t COIA(K� g door (12 xi ou { �mm Wtdien bumf oui�. _1W5 i5 busicalfy Hne size of ou✓ e�(5i7 dcttc we h0.ve no vte +5h6ors 1xL vd us- �'; the Co+Faae CWa M�dd��daool, VyL u Tare r, a Aram m atil�3yeuscOXAk �n ru, tr(mlaed O'"A 'N2 would o" 1( Oway 4w- lm— East Elevation North Elevation I -j�' Photos of the back side of the home are shown below. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Newpower Variance Application — Minimum Rear Yard Setback April 10, 2012 Page 5 of 5 Utilities The property is within the Metropolitan Urban Service Area (MUSA), and all City urban services are available in this area. Utility companies were notified of this application and have not sub- mitted any comments. Public Hearing Notices Public hearing notices were mailed to 53 property owners who are within 500 feet of the proposed addition project. These notices were mailed on March 14, 2012. The location map shows the 500 - foot buffer around the site. The public hearing notice was also published in the South Washington County Bulletin on March 14, 2012. Recommendation That the City Council accepts the Planning Commission's recommendation approving Jamie and Lisa Newpower's variance application to reduce the minimum rear yard setback requirement from 35 feet to 27 feet, based on the findings of fact and subject to the conditions listed in the attached draft resolution. • • • WHEREAS, Jamie and Lisa Newpower applied for a variance to allow a porch addition to be 27 feet from the rear property boundary line when the minimum rear yard setback is 35 feet, on property legally described as: Lot 3, Block 1, Pine Forest 5th Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 9842 77th Street South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at their meeting on March 26, 2012; 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 variance criteria and findings of facts 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 written or oral testimony was received; and WHEREAS, the Planning Commission unanimously (9 -to -0 vote) recommended to the City Council that the variance be granted based on the findings of fact and subject to the conditions listed in the Planning Staff Report; and NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a variance to allow a porch addition to be 27 feet from the rear property boundary line when the minimum rear yard setback is 35 feet. Granting this variance is based upon the following findings of fact: A. The existing house was constructed at the 30 -foot minimum front yard setback. B. The proposed addition will replace the existing deck that is already 27 feet from the rear property line. Resolution No. 2012 -XXX Page 2 of 3 C. The proposed addition will still comply with the 7.5 -foot minimum side yard setback requirement. D. Independent School District 833 owns the land north of the applicant's property and is the site of Cottage Grove Middle School. The School's use of this area adjoining the applicant's property is open space and recreation fields. E. The proposed addition will not adversely impact the view of adjoining neighbors of any parks, open space, or recreation fields. F. 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. G. The exterior building materials, design, and color scheme for the proposed attached garage addition will match the existing principal structure. H. The proposed attached addition is in harmony with the existing principal structure and other residential structures in this neighborhood. The variance request is not specifically addressed in the City's Future Vision 2030 Comprehensive Plan, but its residential characteristics are consistent with the low density residential land use designation for this property. J. The proposal continues a reasonable use on the property. K. The unique circumstances to the property were not created by the landowner. L. The purpose of the variance is not based exclusively upon a financial hardship. M. Granting the variance should not be detrimental to the public welfare or injurious to other landowners in the neighborhood. The proposed addition will not impair an adequate supply of light and air to adjacent properties. It will not create congestion in the public streets, become a fire danger, or endanger the public's safety. BE IT FURTHER RESOLVED, the recommendation for approval of the variance is subject to the following conditions: 1. The exterior siding materials and color scheme for the 16 -foot by 24 -foot addition must match the principal structure. 2. The property owner must complete a building permit application and submit detailed construction plans for the proposed addition. A building permit must be issued by the City before construction starts. Resolution No. 2012 -XXX Page 3 of 3 3. No part of the structure or stairway should encroach on or over any drainage or utility easement. Passed this 18th day of April 2012. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk �• • • • • 1 6.1 Newpower Porch Addition — Case V12 -010 Jamie and Lisa Newpower have applied for a variance to rear yard setback requirements to allow a porch addition to be 27 feet from the rear property line when 35 feet is the required setback at 9842 77th Street South. McCool summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Reese made a motion to approve the rear yard setback variance to allow a porch addi- tion at 9842 77th Street South, based on the findings of fact and subject to the condi- tions listed below. Rambacher seconded the motion. Findings of Fact. A. The existing house was constructed at the 30 -foot minimum front yard setback. B. The proposed addition will replace the existing deck that is already 27 feet from the rear property line. C. The proposed addition will still comply with the 7.5 -foot minimum side yard set- back requirement. D. Independent School District 833 owns the land north of the applicant's property and is the site of Cottage Grove Middle School. The School's use of this area ad- joining the applicant's property is open space and recreation fields. E. The proposed addition will not adversely impact the view of adjoining neighbors of any parks, open space, or recreation fields. F. 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. G. The exterior building materials, design, and color scheme for the proposed attached garage addition will match the existing principal structure. H. The proposed attached addition is in harmony with the existing principal structure and other residential structures in this neighborhood. 1. The variance request is not specifically addressed in the City's Future Vision 2030 Comprehensive Plan, but its residential characteristics are consistent with the low density residential land use designation for this property. Excerpt from Unapproved Planning Commission Minutes Newpower Porch Addition — Case No. V12 -010 March 26, 2012 Page 2 of 2 J. The proposal continues a reasonable use on the property. K. The unique circumstances to the property were not created by the landowner. L. The purpose of the variance is not based exclusively upon a financial hardship. M. Granting the variance should not be detrimental to the public welfare or injurious to other landowners in the neighborhood. The proposed addition will not impair an adequate supply of light and air to adjacent properties. It will not create congestion in the public streets, become a fire danger, or endanger the public's safety. Conditions of Approval. 1. The exterior siding materials and color scheme for the 16 -foot by 24 -foot addition must match the principal structure. 2. The property owner must complete a building permit application and submit de- tailed construction plans for the proposed addition. A building permit must be issued by the City before construction starts. 3. No part of the structure or stairway should encroach on or over any drainage or utility easement. Motion passed unanimously (9 -to -0 vote).