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HomeMy WebLinkAbout2012-07-18 PACKET 04.H.REQUEST OF CITY COUNCIL ACTIO COUNCIL AGENDA MEETING ITEM T# DATE 7/18/12 I/ Community Development John McCool ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider approving a variance to reduce the required ten -foot minimum rear yard setback to six feet and to place a 10 -foot by 12 -foot accessory structure on a utility easement at 8270 Jody Lane South. STAFF RECOMMENDATION Adopt the resolution approving the variance to rear setback requirements and allowing a shed in a utility easement at 8270 Jody Lane South. BUDGET IMPLICATION $N /A $N /A NIA BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: I _ ....• ® PLANNING 6/25/12 ® ❑ ❑ ❑ PUBLIC SAFETY ❑ ❑ ❑ ❑ PUBLIC WORKS ❑ ❑ ❑ ❑ PARKS AND RECREATION ❑ ❑ ❑ ❑ HUMAN SERVICES /RIGHTS ❑ ❑ ❑ ❑ ECONOMIC DEV. AUTHORITY ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: Memo from John McCool dated 7/7/12 ® RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: Excerpt from unapproved 6/25/12 Planning Commission minutes ADMINISTRATOR'S COMMENTS 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 7, 2012 RE: DuWayne and Donna Boehm Variance Application — Accessory Structure Minimum Rear Yard Setback and Placement on an Easement Proposal DuWayne and Donna Boehm, 8270 Jody Lane South, have applied for a variance to reduce the required ten -foot minimum rear yard setback to six feet and to place a 10 -foot by 12 -foot accessory structure on a utility easement in their northwest corner of their property. Location Map Advisory Commission Recommendation Planning Commission The Planning Commission reviewed Boehm's variance application at a public hearing on June 25, 2012. Mr. and Mrs. Boehm both attended the meeting. No oral testimony or written comments were received at the meeting. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Boehm Variance Application — Accessory Structure Setback and Easement July 7, 2012 Page 2 of 5 The Planning Commission did not have a quorum at this meeting. For this reason, the four Commission members in attendance could not take any formal action or make a recommendation to the City Council. The Commission members in attendance did not have any questions regarding this variance application. Staff reported to the Planning Commission that Public Works staff and City Engineer reviewed the variance application and did not have any concerns about approving the variance as proposed by the applicant. 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 for accessory structures is ten feet, and the minimum interior side yard setback is six feet. City ordinance prohibits structures from being placed on an easement. This particular parcel has a ten -foot wide drainage and utility easement platted along the north, south, and east sides of the lot and a five -foot wide drainage and utility easement along the west property boundary line. The City may grant 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 adja- cent property, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Property Characteristics The house was constructed in 1992. The lot is a corner lot that has about 87 feet fronting Jody Lane and approximately 118 feet along Johansen Avenue. Drainage and utility easements exist along all four sides of the lot. Drainage and utility easements ten feet in width are platted along the north, south, and east property boundary lines. A five -foot wide drainage and utility easement is platted along the west property boundary line. A privacy fence six feet in height exists along the perimeter of this property. An aerial photograph of the property with the proposed shed depicted and the property survey are shown below. Honorable Mayor Bailey, City Council Members and Ryan Schroeder Boehm Variance Application — Accessory Structure Setback and Easement July 7, 2012 Page 3 of 5 eft k• sk fi ► Proposed 10 ft. x 12 ft. Accessory Structure f_. Q ttt 7 N i � 7 body Avenue 2009 Aerial Photograph 0 :" ! ri aI ss r 110.00 sa 9°42' 13 "W b —W =l Oil iL Y � 1 zp 'r' " "���( O�w�WAY l ii '�► LOT IN P r� oi[: Nt&DJWG DiMENS10NS SHOWN ARE ra NrAL a 7iCA1, Y11tR IO4RKY K r DNSEW110N9 IMAG Certificate of Survey Honorable Mayor Bailey, City Council Members and Ryan Schroeder Boehm Variance Application — Accessory Structure Setback and Easement July 7, 2012 Page 4 of 5 Proposed Accessory Structure The proposed 10 -foot by 12 -foot accessory structure will be placed approximately six feet from the rear lot line and six feet from the side property line. Steel siding matching the color of the applicant's house will be used on all four sides of the proposed structure. The asphalt shingles, aluminum soffit, and fascia will also be similar to the materials used for the house. The shed will be placed on a concrete floor base. Below is the applicant's preliminary sketch plan showing the proposed accessory structure: =am Topographically, the rear lot line is higher than the center of the applicant's rear yard. Surface water drainage flows to the center of the rear yard and then northwesterly across the neighboring property owner's rear yard. Placement of the proposed accessory structure six feet from the rear lot line will not require as much fill material or a retaining wall. 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. There is a city stormwater pipe, sanitary sewer, and water main within the 30 -foot wide corridor that abuts the applicant's north property line. Public Works Department staff and City Engineer have reviewed this variance application and do not object to the variance requested by the property owner. The platted easements in the 30 -foot wide corridor north of the applicant's property and photographs of this corridor and the applicant's rear yard are shown below. cr�1V OUTLOT Plat Map Showing Existing Easements i Honorable Mayor Bailey, City Council Members and Ryan Schroeder Boehm Variance Application — Accessory Structure Setback and Easement July 7, 2012 Page 5 of 5 !l f T Park Access North of Subject Property Public Hearing Notices Public hearing notices were mailed to 67 property owners who are within 500 feet of the proposed addition project. These notices were mailed on June 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 June 13, 2012. Recommendation That the City Council approve DuWayne and Donna Boehm's variance application to reduce the minimum rear yard setback requirement from ten feet to six feet and allow the proposed 10 -foot by 12 -foot accessory structure to be located on a 10 -foot wide drainage and utility easement, based on the findings of fact and subject to the conditions listed in the attached draft resolution. Rear Yard of Subject Property 9 - .4 1 1 1 0 all N • • • WHEREAS, DuWayne and Donna Boehm applied for a variance to allow a shed to be setback six feet from the rear property line when ten feet is required and placement of a structure on an easement, located on property legally described as: Lot 1 Block 1, Pine Meadow 1st Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 8270 Jody Lane South, Cottage Grove, Washington County, State of Minnesota. 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 at their June 25, 2012, meeting, reviewed this application and 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, due to the lack of a quorum, the Planning Commission made no recommen- dation on this application. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a variance to City Code Title 11- 3 -3(C), Setbacks, and Title 11- 3 -4(E), Encroachments Over Easements, to reduce the ten -foot minimum rear lot line setback to six feet and to allow a 10 -foot by 12 -foot accessory structure to be placed on an existing drainage and utility easement 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. 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. Resolution No. 2012 -XXX Page 2 of 2 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. I. 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 10 -foot by 12 -foot accessory structure 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. Passed this 18th day of July 2012. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk 6.1 Boehm Shed Variance — Case V12 -022 DuWayne and Donna Boehm applied for a variance to allow a shed to be setback six feet from the rear property line when ten feet is required and placement of a structure on an easement at 8270 Jody Lane South. McCool summarized the staff report and recommended approval based on the findings of fact and subject to the conditions in the staff report. There were questions or comments from the Planning Commission on this application. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Rostad proposed that the application be sent directly to the City Council without any Planning Commission action, due to the lack of a quorum. McCool explained that staff would provide to the City Council an explanation as to why there is no recommendation from the Planning Commission. It would also be explained that the public hearing was held, there was no public testimony, and there is a letter of support from Public Works and the City Engineer for this application. If the City Council has concerns or additional questions, they can refer the matter back to the Planning Commission at a future meeting for a recommendation or they could approve or deny the application.