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HomeMy WebLinkAbout2013-04-22 PACKET 06.2.STAFF REPORT CASE: V13 -012 ITEM: 6.2 PUBLIC MEETING DATE: 4/22/13 TENTATIVE COUNCIL REVIEW DATE: 5/15/13 APPLICATION APPLICANT: J.G. Hause Construction REQUEST: A variance to reduce the required 35 -foot rear yard setback to 22 feet to allow construction of a house at 7675 Hyde Avenue South and a variance to reduce the required 30 -foot front yard setback to 20 feet to allow construction of a house at 7679 Hyde Avenue South. SITE DATA LOCATION: 7675 and 7679 Hyde Avenue South ZONING: R -4, Low Density Residential CONTIGUOUS LAND USE: NORTH: Residential EAST: Park and Open Space SOUTH: Residential WEST: Residential SIZE: N/A DENSITY: N/A RECOMMENDATION Approval, based on the findings of fact and subject to the conditions listed in this staff report. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: John McCool, Senior Planner, 651 - 458 -2874, Imccool a�cottage grove.orq GACITYFILES\13 CITYFILES \012V Hyde House Setback 2013 -04 -22 \Planning \V13 -012 Hyde House Setback SR cover 4- 22- 13.docx Planning Staff Report J.G. Hause Construction — Front and Rear Yard Setback Variances Planning Case No. V2013 -012 April 22, 2013 Proposal J. G. Hause Construction has applied for a variance to reduce the required 30 -foot minimum front yard setback to 20 feet for property at 7679 Hyde Avenue and to reduce the required 35- foot minimum rear yard setback to 22.3 feet for property at 7675 Hyde Avenue. Location Map 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 Planning Commission may recommend a variance from the strict application of the provi- sion 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. 600 4) 7 ]qg ° ]41 4 8210 8221 7 ° DEPT- e ]436 Vf 7I8 Bttt 23 t]25 o- e a 21 fi4 6yS 64 5 BS 7380 R 600 201 M1� 227 \p 16 S QS' � 6 771 \dB o- p y� ® fiB m� [ P ROP OSED . REAR �a'I YARD SETBACK 0 1 'ST8` I S77 SB 595 145e m ) R S] 7 �y � 7 p n 95 PROPOSED FRONT ib E ST SETBACK S S� 50 ^ gg YARD ST S V 799 g19B 105 fi'R ew 92 N i 7031- Crestview Elem. School Park Hlgh School S Location Map 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 Planning Commission may recommend a variance from the strict application of the provi- sion 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. Planning Staff Report— Planning Case No. V2013 -012 J.G. Hause Variance — Front and Rear Yard Setbacks April 22, 2013 Page 2 of 10 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. Planning Considerations Property Characteristics Both properties are vacant. Each lot was platted in 1986. Most of the houses on this cul -de -sac were constructed in the 1986 -87 timeframe. The parcel at 7675 Hyde Avenue has a lot area of approximately 8,680 square feet. It exceeds the 7,500 square foot minimum lot area and 60 -foot minimum lot width requirements for the R -4 District. But the lot depth is shorter than all the other lots within this subdivision. The applicant is proposing to construct a two -story house with an attached garage and full basement on this par- cel. Complying with the 30 -foot minimum front yard setback, the proposed single - family house is proposed to have a 22.3 -foot setback from the rear lot line. If a deck was constructed on the rear of the house, it would be approximately 14.3 feet from the rear lot line. The side yard set- backs for the proposed house would exceed the 7.5 -foot minimum side yard setback for the living area of the house and the five -foot minimum side yard setback for the attached garage side of the structure required in the R -4 District. The lot slopes from an 889 contour in the north- east corner of the lot to an 872 contour in the southeast corner. Property east of this lot is a public park named North Ideal Park. The parcel at 7679 Hyde Avenue has a lot area of approximately 11,556 square feet. This lot also exceeds the 7,500 square foot minimum lot area and 60 -foot minimum lot width require- ments for the R -4 District. The rear one -third of the lot is encumbered with a relatively large drainage and utility easement because of the existing wetland in the vicinity. The proposed 20- foot front yard setback will allow for a two -story house with an attached garage and a six -foot wide deck along the back of the house. The side yard setbacks for the proposed house would exceed the 7.5 -foot minimum side yard setback for the living area of the house and the five -foot minimum side yard setback for the attached garage side of the structure required in the R -4 District. The front half of this lot is fairly flat but slopes from an 882 contour to an 872 contour. The high water elevation designed for this basin in 1986 is 875 feet above mean sea level. The applicant is proposing a grade elevation of 883.0 feet along the rear grade of this house. North Ideal Park also abuts the east boundary line of this parcel. An aerial photograph, a survey showing the proposed house location, and proposed building elevations and floor plans for each parcel are shown below. Planning Staff Report— Planning Case No. V2013 -012 J.G. Hause Variance — Front and Rear Yard Setbacks April 22, 2013 Page 3 of 10 Nort""d.a Pa1'k sill (�.. 4 ill s i1Fr,y 2009 Aerial Photograph 2 HOUSE MAIL V NO SCALE Lo46.16 Q LOr 7 MOUSEI LBASMFHi A�6R °69'06 ".._ HYDEAVE,L 1 nmmv T OPOF M 8M 6.3 TOPOF6 - I SOUTH OAS T FWO 66F.166'FOURFq 61FXi ilAOR =B]6,0 AREASUMMARY 2009 Aerial Photograph LOT 5 O \ SCALE: I INCH a 20 FEET ' Lo46.16 i�ROPOSE p U1lDINC ELEVATIONS LOr 7 MOUSEI LBASMFHi A�6R °69'06 ".._ HYDEAVE,L 1 nmmv T OPOF M 8M 6.3 TOPOF6 - I SOUTH OAS T FWO 66F.166'FOURFq 61FXi ilAOR =B]6,0 0 20 60 'k o SCALE: I INCH a 20 FEET ' i�ROPOSE p U1lDINC ELEVATIONS LOr 7 MOUSEI LBASMFHi n E - T OPOF M 8M 6.3 TOPOF6 - I OAS T FWO 66F.166'FOURFq 61FXi ilAOR =B]6,0 AREASUMMARY TOTAL OF LO] = 6,660 SqB. n LEGALOESCRIP00N 106, Nmk S, ROLUHO HR 4TH AWOM, -- T6 6 76 Hyde Avenue — Proposed Site Plan BGW x n I I \� u I Wfi ifie,. x b � M d' W � M 4 0 = T �1. 4 I ' � fi I 4 I v a �Ai ti ms, W x Planning Staff Report— Planning Case No. V2013 -012 J. G. Hause Variance — Front and Rear Yard Setbacks April 22, 2013 Page 4 of 10 First Floor Plan = 1,166 square feet Second Floor Plan = 965 square feet Planning Staff Report — Planning Case No. V2013 -012 J.G. Hause Variance — Front and Rear Yard Setbacks April 22, 2013 Page 5 of 10 PROJECT LOCATION: 7679 HYDE AVENUE A= 46 °08Y4" - COTTAGE GROVE, MN L =39 9 L l,� s; HYD,EAVE. R =s9 SOUTH PROPOSED =rz.es R =80.00 0 9' ,1 w ;ALE: i INCH - 20 FEET 1VT if DETAIL 11.E '` i r-� C: 'C u itl iry CL O 0 0 5 Iu o nI h rt: L. n. 7679 Hyde Avenue — Proposed Site Plan R OPOSED BUILDING ELEVATIONS SE TYPE - FUIl &1SEFIENT OARAGEFLOOR =883.3 TOP OF RWCk = 883.7 Dl' PDURED) IIASEMEMTFLOOR.875.0 AILEA SUMMARY: i TDTAL OF LOT ®llss6 S4FY. LEGAL L��ON W 7, Nock 5, ROLLING MIS 4TH ADDITION, MW,ton County, Mlnneson. 7679 Hyde Avenue — Building Elevation Example Planning Staff Report— Planning Case No. V2013 -012 J.G. Hause Variance — Front and Rear Yard Setbacks April 22, 2013 Page 6 of 10 Br. 2 I 6r. 10 0 w.oa ales M SR R Second Floor Plan Second Level = 853 square feet Proposed Front and Rear Yard Variances The proposed front yard variance at 7679 Hyde Avenue is located on a radius of the cul -de -sac. The parcel located west of this site (7683 Hyde Avenue) has a 30 -foot front yard setback, but their front property line is along the straight segment of Hyde Avenue. The radius of the cul -de- sac begins on the 7679 Hyde Avenue lot, which bubbles into the lot farther as compared to the western parcel. When looking at the aerial photograph, the existing front yard setback at 7683 Hyde Avenue and the proposed setbacks on 7679 and 7675 Hyde Avenue do not appear to be skewed all that differently. If the attached garage did not project as far forward from the living area of the house, then the front yard setback could increase. A smaller house or a differently designed house would have to be constructed in order to increase the front yard setback. The proposed house plan cannot be moved back because of the existing drainage and utility easement. The proposed rear yard variance at 7675 Hyde Avenue abuts public park property (North Ideal Park). The lot depth of this parcel is relatively shallow since it was platted at the end of the cul- de -sac. All other setbacks comply with the minimum front and side yard setbacks. It is unfor- tunate that additional lot depth was not provided for this parcel at the time it was platted in 1986. It appears to be reasonable to consider granting a variance to this rear yard setback since there is public open space east of this site and the proposed house style is consistent with other single - family houses along this cul -de -sac. 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 76 property owners who are within 500 feet of the two properties. These notices were mailed on April 10, 2013. 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 April 10, 2013. 0 dwup bdiltS lnA n2" • 0 7679 Hyde Avenue First Floor Plan Main Level = 807 square feet Planning Staff Report— Planning Case No. V2013 -012 J.G. Hause Variance — Front and Rear Yard Setbacks April 22, 2013 Page 7 of 10 Recommendation Recommendation No. 1— 7675 Hyde Avenue South (Rear Yard Variance) That the Planning Commission recommends approval of a variance to City Code Title 11 -9E -5, Development Standards in the Low Density Residential Zoning District (R -4), to reduce the 35- foot minimum rear setback to 22 feet for property at 7675 Hyde Avenue. Approval of this variance is based on the following findings of facts: A. The residential subdivision named Rolling Hills 4th Addition for which this rear yard set- back variance is requested was platted in 1986. This parcel was platted with an 8,680 square foot lot area that exceeds the 7,500 square foot minimum lot area requirement for the R -4 District. B. The proposed principal structure will still comply with the 7.5 -foot minimum side yard set- back requirement for the living area of the structure and the five -foot minimum side yard setback requirement for the attached garage. C. The City of Cottage Grove owns the land east of the applicant's property, which is the site of North Ideal Park. The City's use of this public park that abuts the applicant's property is open space with a recreational trail corridor. D. The proposal is consistent with the property's reasonable use, will enhance the property's value, and is similar to the essential character of other existing residential structures in this neighborhood. E. The proposed residential structure is in harmony with other existing residential structures in this neighborhood. F. The variance request is not specifically addressed in the City's Future Vision 2030 Com- prehensive Plan, but its residential characteristics are consistent with the low density residential land use designation for this property. G. The proposal continues a reasonable use on the property. H. The unique circumstances to the property were not created by the landowner. I. The purpose of the variance is not based exclusively upon a financial hardship. Granting this variance should not be detrimental to the public welfare or injurious to other landowners in the neighborhood. The proposed residential structure 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. Granting this variance to reduce the 35 -foot minimum rear yard setback to 22 feet to permit the construction of a two story single - family home is subject to the following conditions: Planning Staff Report— Planning Case No. V2013 -012 J.G. Hause Variance — Front and Rear Yard Setbacks April 22, 2013 Page 8 of 10 1. The exterior siding materials and color scheme proposed for this house must be similar to the materials and colors for the other residential houses on this cul -de -sac. 2. The property owner must complete a building permit application and submit detailed con- struction plans for the proposed house. A building permit must be issued by the City before construction starts. 3. No part of the structure or deck should encroach on or over any drainage or utility easement. 4. The paved surface for the driveway must be a minimum of six feet from the side property boundary line. 5. A boulevard tree having a 1-% inch minimum trunk diameter must be planted. The builder must contact the City Forester for approval of the boulevard tree's species and location. Planting this tree must be completed before a Certificate of Occupancy can be issued. If the final inspection for the house occurs between November 1 and May 1, the builder must post a $425.00 escrow with the City to insure the boulevard tree is planted after the winter season. 6. The driveway surface must be constructed of concrete, asphalt, or concrete paving blocks. If the final inspection for the house occurs between November 1 and May 1, the builder must post a $2,000.00 escrow with the City to insure the driveway is paved after the winter season. 7. Fill materials below the 875 elevation is prohibited. An erosion barrier must be placed along the 875 elevation or at a higher elevation before any site work begins. This barrier must remain in place until a grass ground cover has fully been established for all the yard areas on this property. 8. The builder must purchase one park boundary marker from the City and install this park boundary marker at the northeast corner of this lot. This park boundary marker must be installed before a certificate of occupancy permit is issued for the house on this lot. 9. The builder is responsible for verifying that the sanitary sewer house service stub is at the correct elevation for the proposed full basement. Recommendation No. 2 — 7679 Hyde Avenue South (Front Yard Variance) That the Planning Commission recommends approval of a variance to City Code Title 11 -9E -5, Development Standards in the Low Density Residential Zoning District (R -4), to reduce the 30- foot minimum front yard setback to 20 feet for property at 7679 Hyde Avenue. Approval of this variance is based on the following findings of facts: A. The residential subdivision named Rolling Hills 4th Addition for which this front yard set- back variance is requested was platted in 1986. This parcel was platted with an 11,556 square foot lot area that exceeds the 7,500 square foot minimum lot area requirement for the R -4 District. Planning Staff Report— Planning Case No. V2013 -012 J.G. Hause Variance — Front and Rear Yard Setbacks April 22, 2013 Page 9 of 10 B. The proposed principal structure will still comply with the 7.5 -foot minimum side yard set- back requirement for the living area of the structure and the five -foot minimum side yard setback requirement for the attached garage. C. The City of Cottage Grove owns the land east of the applicant's property, which is the site of North Ideal Park. The City's use of this public park that abuts the applicant's property is open space with a recreational trail corridor. D. The proposal is consistent with the property's reasonable use, will enhance the property's value, and is similar to the essential character of other existing residential structures in this neighborhood. E. The proposed residential structure is in harmony with other existing residential structures in this neighborhood. F. The variance request is not specifically addressed in the City's Future Vision 2030 Com- prehensive Plan, but its residential characteristics are consistent with the low density residential land use designation for this property. G. The proposal continues a reasonable use on the property. H. The unique circumstances to the property were not created by the landowner. I. The purpose of the variance is not based exclusively upon a financial hardship. J. Granting this variance should not be detrimental to the public welfare or injurious to other landowners in the neighborhood. The proposed residential structure 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. Granting this variance to reduce the 30 -foot minimum front yard setback to 20 feet to permit the construction of a two story single - family home is subject to the following conditions: 1. The exterior siding materials and color scheme proposed for this house must be similar to the materials and colors for the other residential houses on this cul -de -sac. 2. The property owner must complete a building permit application and submit detailed con- struction plans for the proposed house. A building permit must be issued by the City before construction starts. 3. No part of the structure or deck should encroach on or over any drainage or utility easement. 4. The paved surface for the driveway must be a minimum of six feet from the side property boundary line. Planning Staff Report — Planning Case No. V2013 -012 J.G. Hause Variance — Front and Rear Yard Setbacks April 22, 2013 Page 10 of 10 5. A boulevard tree having a 1-% inch minimum trunk diameter must be planted. The builder must contact the City Forester for approval of the boulevard tree's species and location. Planting this tree must be completed before a Certificate of Occupancy can be issued. If the final inspection for the house occurs between November 1 and May 1, the builder must post a $425.00 escrow with the City to insure the boulevard tree is planted after the winter season. 6. The driveway surface must be constructed of concrete, asphalt, or concrete paving blocks. If the final inspection for the house occurs between November 1 and May 1, the builder must post a $2,000.00 escrow with the City to insure the driveway is paved after the winter season. 7. Fill materials below the 875 elevation is prohibited. An erosion barrier must be placed along the 875 elevation or at a higher elevation before any site work begins. This barrier must remain in place until a grass ground cover has fully been established for all the yard areas on this property. 8. The builder must purchase one park boundary marker from the City and install this park boundary marker at the northeast corner of this lot. This park boundary marker must be installed before a certificate of occupancy permit is issued for the house on this lot. 9. The builder is responsible for verifying that the sanitary sewer house service stub is at the correct elevation for the proposed full basement. Prepared by: John McCool, AICP Senior Planner Attachments: 7675 Hyde Avenue Site Plan 7675 Hyde Avenue Building Elevation Example 7679 Hyde Avenue Site Plan 7679 Hyde Avenue Building Elevation Example l N 6 / \ \ \� LLJ U = j\ u2 \§ %t % � «m «_> [ § 5 z : 5 /(( \\:E§ !;} y)/ \ E Z ' Zr zp . § :K®: § =P ,Zw Z>O .: 0] l ;E)uz) )� [ \ §E k\ O/ /� /\ e / 3 |Q fE s § -( \ \( \} \k /\\ hde Ave, / z 2 - \M\ , \ \ () / \!§ § (§ ) /(\ \§)j }}) a { ( ( )(�; y2r ;e§ 0 m )ij l N 6 / \ \ \� LLJ U = j\ u2 \§ %t % � «m «_> [ § 5 z : 5 /(( \\:E§ !;} y)/ \ E Z ' Zr zp . § :K®: § =P ,Zw Z>O .: 0] l ;E)uz) )� [ \ §E k\ O/ /� /\ e / 3 |Q fE s § -( \ \( \} \k /\\ CERTIFICATE OF SURVEY ��/������• FOR: JEFF HAUSE / HYDEA VE. SOUTH L =12.93 R =50.00 A= 14 °49' PROJECT LOCATION: 7679 HYDE AVENUE COTTAGE GROVE, MN PROPOSED HOUSE Ot -A' O 1 NORTH 1 22 SCALE: 1 INCH = 20 FEET e .3 l \ 1 � d tits i r Dn I GP F�4 r 083.0 I z.] er or W Q 2. o 11 y W N ^ e O 0 1.a = A =45 °08'14 L =39.39 R= 50.00; �lI I HOUSE DETAIL NO SCALE PROPOSED BUILDING ELEVATIONS 4 HOUSE TYPE = FULL BASEMENT GARAGE FLOOR = 863.3 TOP OF BLOCK = 883.7 (9' POURED) BASEMENT FLOOR = 875.0 AREA SUMMARY: 6 TOTAL OE LOT = 11,556 SQTT. ¢ LEGAL DESCRIPTION Lot 7, Block 5, ROLLING HILLS 4TH ADDITION, Washington County, Minnesota. CERTIFICATION: f I hereby certify that this survey, plan or report was prepared by me . or under my threat supervision and that I vn a duly Licensed Land Surveyor antler lM1e laws of tM1e eof 41NNE5DTA. �� u M DANIEL L RTES License. No 25718 I le p , 4 -3 -13 I W o° o° o° ^o o t.. to 4 -. I I . CONTRACTOR TO VERIFY ALL BUILDING DIMENSIONS WITH ARCHITECTURAL PLANS PRIOR TO EXCAVATION.. 2. EXISTING CONTOURS AND IMPROVEMENTS SHOWN PER SURVEY PROVIDED BY JEFF HAUSE. CORNERSTONE LAND SURVEYING HAS NOT BEEN TO THE SITE TO VERIFY SAID SURVEY. Suite8l 6]50 Stillwater Bud. N. SYMBOLS DESCRIPTION Still MN 55082 water, Phone 651.2]5.8969 r �o PROPERTY LINE Faxs51.2]5.89)6 — EASEMENT LINE Can@ • DENOTES IRON MON. FOUND cssurveY .net x 985.0 DENOTES EXISTING ELEV. . -- 990 - -- PROPOSED CONTOURS /7 EXISTING CONTOURS 9 90 -- /-� PROPOSED CONTOURS + AS SHOWN ON GRADING PLAN J PLAT DRAINAGE& CORNERSTONE UTILITY EASEMENT LANG SURVEYING. INC 9 t Fpfbe A *r 1611 H Ng.