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HomeMy WebLinkAbout2012-06-20 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 6/20/12 • • PREPARED BY Community Development ORIGINATING DEPARTMENT John M. Burbank STAFF AUTHOR ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** COUNCIL ACTION REQUEST Consider approving a variance to allow a 10 -foot by 32 -foot addition to be set back 84 feet from the front property line at 7810 113th Street South in lieu of meeting the average front yard setback of the two adjacent properties. STAFF RECOMMENDATION: Adopt the resolution approving the variance to front setback requirements to allow an addition at 7810 113th Street South. BUDGET IMPLICATION $N /A $N /A BUDGETED AMOUNT ACTUAL AMOUNT I_jIDITI W6161 iT►r i[•Y•yIQ zI_[4a>rIM 0 FUNDING SOURCE DATE REVIEWED APPROVED DENIED ® PLANNING 5/21/12 ❑ ® ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John M. Burbank dated 6/15/12 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ® OTHER: Excerpt from 5/21/12 Planning Commission Minutes ADMINISTRATOR'S COMMENTS ity 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 M. Burbank, Senior Planner DATE: June 15, 2012 RE: Engebretson Porch Addition Setback Variance Application Proposal Jim and Mary Engebretson have applied for a variance to deviate from the average front yard setback requirement established in Title 11- 4 -4B(3) in order to construct a 10 -foot by 32 -foot porch addition on the front of their house. The property is located at 7810 113th Street South. Location map ��' ,e .' '.t'�' n� ►sari � �. 2 cf.�.. # � u e - F' s tit . 5 Planning Commission The Planning Commission reviewed the application at their May 21 meeting. There was no testimony for or against the application. The Planning Commission unanimously recommended that the City Council approve a variance to City Code Title 11- 4- 4B(3), to allow a 10 -foot by 32 foot addition to be set back 84 feet from the front property line at 7810 113th Street South. Ordinance Requirements The property is zoned Single Family Residential (R -3). The standard front yard setback for this zoning district is 30 feet. In 1971, the code was amended to include the following language: Honorable Mayor Bailey, City Council Members and Ryan Schroeder Engebretson Front Porch Variance — Planning Case No. V2012 -020 June 15, 2012 Page 2 of 4 Title 11- 4- 4113(3): "In any R district, where the average depth of at least two (2) existing front yards for buildings within one hundred fifty feet (150) of the lot in question and within the same block front is less or greater than the minimum front yard depth required for the district, the required front yard shall not be less than the average depth of such existing yard; however, the depth of a front yard shall not be less than twenty feet (20), nor be required to exceed fifty feet (50), except when abutting a major thoroughfare where these setback re- quirement for the respective district shall be observed. (1971 Code § 28 -35)" The applicants' existing home is setback 70 feet from the property line and 94 feet from the road. The home located to the west is setback 115 feet from the property line and 139 feet from the road, and the home located directly to the east is setback 85 feet from the property line and 109 feet from the road. Both of these properties are located within 150 feet of the applicants' home. Setback Detail " ! 4 Ak ht i Site Detail —L_ I n¢ru a rm I �xuue 113 sit 9-th Honorable Mayor Bailey, City Council Members and Ryan Schroeder Engebretson Front Porch Variance — Planning Case No. V2012 -020 June 15, 2012 Page 3 of 4 • • Of Property Characteristics The rural residential property is 2.5 acres in size and has a variety of vegetation communities on the site. Proposed Addition The details of the porch that the applicant is proposing to construct are shown below: Flcv'tinn na+nilc Construction Detail Variances The Planning Commission may recommend a variance from the strict application of the provision of this title, if they find that: Honorable Mayor Bailey, City Council Members and Ryan Schroeder Engebretson Front Porch Variance — Planning Case No. V2012 -020 June 15, 2012 Page 4 of 4 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. The applicants' response to the questions in the application is attached. Utilities The property is not within the Metropolitan Urban Service Area (MUSA), and no City urban services are available in this area. Utility companies were notified of this application and have not submitted any comments. Land Use and Zoning The property is guided within the Transitional Planning District, which places the future development of the area beyond the scope of the current Comprehensive Plan. As stated earlier, the property is zoned Single Family Residential (R -3). The proposed use of the property is consistent with permitted and conditioned uses allowed within this district. The property is also located within the Mississippi River Critical Area Overlay district (Critical Area). Based on the fact that the property is over 1,250 feet from the River and cannot be viewed from the river has led to the determination that the proposed use is not negatively impacting any of the principle criteria and principles of the district. The Minnesota Department of Natural Recourses was notified about the request as required and they have no concerns about the proposed addition. Public Hearing Notices Public hearing notices were mailed to 16 property owners who are within 500 feet of the proposed addition project. These notices were mailed on May 9, 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 May 9, 2012. At the Public Hearing no one spoke against the application. That the City Council adopt a resolution approving a variance to City Code Title 11- 4- 4B(3), to allow a 10 -foot by 32 foot addition to be set back 84 feet from the front property line in lieu of meeting the average front yard setback of the two adjacent properties based on the findings of fact and subject to the conditions identified in the attached resolution. A • ♦' • a A A 1 • WHEREAS, Jim and Mary Engebretson applied for a variance to deviate from the average front yard setback requirement established in City Code Title 11- 4 -4B(3) to construct a 10 -foot by 32 -foot front porch addition that will be set back 84 feet from the front property line in lieu of meeting the average front yard setback of the two adjacent properties, located on property legally described as: {Legal Description} Commonly known as 7810 113th Street South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at their meeting on May 21, 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 (6 -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 deviate from the average front yard setback requirement established in City Code Title 11- 4 -4B(3) to construct a 10 -foot by 32 -foot front porch addition that will be set back 84 feet from the front property line in lieu of meeting the average front yard setback of the two adjacent properties on the property legally described above. Granting this variance is based upon the following findings of fact: A. The existing house was constructed beyond the 30 -foot minimum front yard setback. Resolution No. 2012 -XXX Page 2 of 3 B. The proposed addition will bring the architecture of the home in conformance with other properties in the neighborhood that currently have front porches included in the front fagade of the home. C. The proposed addition will still comply with the 10 -foot minimum side yard setback requirement. D. The proposed addition will still comply with the 35 -foot minimum rear yard setback requirement. E. The proposed addition will not adversely impact the view of adjoining neighbors. 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 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 construction materials and color scheme for the 10 -foot by 32 -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 Passed this 20th day of June 2012. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk • JI I lyi 1 Rm • OMITS 1 Engebretson Porch Variance - V12-021 Jim and Mary Engebretson have applied for a variance to deviate from the average front yard setback requirement established in City Code Title 11 -4 -413(3) to construct a 10 -foot by 32 -foot porch addition on the front of their house at 7810 113th Street South. Burbank summarized the staff report and recommended approval based on the findings of fact and subject to the conditions listed in the staff report. Jim Engebretson, 7810 113th Street South, stated that the house to the west was built in 2001 and his house was built in 1974. It appears that the ordinance requirements were overlooked when the neighboring house was constructed to allow it to be built that far back. He noted that he has spoken with the neighbor and they don't have any issues with granting this variance. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Brittain made a motion to approve the front yard setback variance for 7890 113th Street South, based on the findings of fact and subject to the conditions listed below. Pearson seconded the motion. Findings of Fact A. The existing house was constructed beyond the 30 -foot minimum front yard set- back. B. The proposed addition will bring the architecture of the home in conformance with other properties in the neighborhood that currently have front porches included in the front fagade of the home. C. The proposed addition will still comply with the 10 -foot minimum side yard setback requirement. D. The proposed addition will still comply with the 35 -foot minimum rear yard setback requirement. E. The proposed addition will not adversely impact the view of adjoining neighbors. 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 addi- tion will match the existing principal structure. Excerpt from Unapproved Planning Commission Minutes Engebretson Porch Variance — Case No. V2012 -020 May 21, 2012 Page 2 of 2 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. 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 construction materials and color scheme for the 10 -foot by 32 -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. Motion passed unanimously (6 -to -0 vote).