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Home My WebLink About2013-05-15 PACKET 08.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � DATE 5/15/13 . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR *******************************************�**** COUNCI� ACTION REQUEST 1. Consider granting a variance reducing the 35-foot minimum rear yard setback to 22 feet to allow a principal structure at 7675 Hyde Avenue. 2. Consider granting a variance reducing the 30-foot minimum front yard setback to 20 feet to allow a principal structe at 7679 Hyde Avenue. STAFF RECOMMENDATION: 1. Adopt the resolution approving the rear yard setback variance at 7675 Hyde Avenue. 2. Adopt the resolution approving the front yard setback variance at 7679 Hyde Avenue. ADVISORY COMMISSION ACTIO DATE � PLANNING 4/22/13 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENT � MEMO/LETTER: Memo from John McCool dated 5/7/13 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from 4/22/13 unapproved Planning Commission minutes ADMINISTRATOR'S COMMENTS y � � � �/ City Admi istrator 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: May 7, 2013 RE: J. G. Hause Construction — Rear Yard Variance at 7675 Hyde Avenue and Front Yard Variance at 7679 Hyde Avenue Proposal J.G. Hause Construction has applied for a variance to minimum setback requirements on the following parcels of land: 1. Reduce the required 35-foot minimum rear yard setback for a principal residential structure to 22 feet for property at 7675 Hyde Avenue (Lot 6, Block 5 of Rolling Hills 4th Addition). 2. Reduce the required 30-foot minimum front yard setback for a principal residential structure to 20 feet for property at 7679 Hyde Avenue (Lot 7, Block 5 of Rolling Hills 4th Addition). The applicant proposes to construct a single-family house on each of these platted parcels. All other minimum setback requirements for each lot will be met. The location of both parcels is shown below: �i ;.��„� � ��r;�. - i��i � I .id4. . .. ot3a �E F ,�I � �.�Oa� S, +t ; , I v y T t�r. 7dil e2iu e2i'. � - `-.A �- �} ! � : ,�' ��` �i �7sa ��tA��' �V� s r co s.�,r �?�� ' v�2e , , , � � 1 172� �S75.fLT�.J , i Y5sS , � ��'f 738i� n �� TSnO' ; ' �,cl�i �.� `�227 � ,rg� ,, r n v, S� i oQ 19 tti�s � Su . ��' :ti . � 37iT � USig 758�� F l 1a i) >`' r� � 7 54 1 � 5 . > � :t a� _ 1''�+J ' � 1 . �,c 1 �J ' I J ��7: 5`a r� 7 p.l "� Q s t � "4 C �- i z t' r � aae. I + f i � � �7..E. '35GI ti : , '�J�� Sy� . �.,� �� J � 75.)� � � F }. �` f,. ' 7,T �., r� � �� G?` s�,'�� PRS�P��EL? REAR ` �'}a,° .` i , A : 7.5;1 .It . 'E ��et� �5s ��5-r ."� �`4� ? �� 1 YARD �ETBA�K �a'� , ` � �i � i�� r ti� t�` � �s ; r' � (, � : _� �; W 1��.�;lF�ff� r,S`{ c9� y, ! 1. �, Y' . �F ( �7p : J e ni n� ti r�}.. : � I,�q S � � r a . - ', �.1� 7 , r _ . �6TH 3T,3- ,- 7 a � ' r. 7fii[ li.' 7G b �. �•. �b ri rJ F r � - c �� l(1 r/. T � �i ry � � � � r � . � L�'., 8 7r?7 ;� r �i � 5 '.,747�J� T<..� c� t�, ' ''O,r,.�((I.' 3 :s �� 'v bY .. . . � Z 7t � � 1 t . �. � r + �if Ffl !b �3t � � v �rT,� �': . I " � �: � ; . � . o o�. �r9i'. �.� -' F�' _ � Te�y�{OYA�$'i�Ai► c�� -,7u50 : i 7g �� ' l� :, +�`'¢ PFiQP41SED �R4MT `°"� � , - t � FJ00 ;7ft�� i ,. �} ! 7G0�} I � � bi � � F . � . UI 75'iH � $T 3. , �� $�'��FLC� -; � �OG �{�J� �-, h it- . D � y , vi CF •'i Y�, F= �� '�i � 7G9i� � �, '� � ° 3 - . v %4 f � m t- . , > _. . �+ �`; F � �.-' �, 1?i j1 �' �§ i� . � 5+'� � `� '?i5 � 7i}Si7 �.h �, y � � � o� ia �� t� �. �''�� G� . 1 .9 L �' �ry .,.- �/,' �r.5'a�I45J . p ,7411.7 ti 'I'k $ G� ,�� ,-�1 710. �- �1 ' � � ha F 4� � 41 �L 1 �- � � `i�� t_ �` . � 4j, ' v :. n �'Y i � v r.J. �.� � i u r C C ��,. , Vti �� ,' ��- 27�� .:n��!rr�n-�. � t �i ��'' _ �'�'ti�, .�'��i'/j � c � � � '. '. , � ' 1 � ` �73 7kl�f . i I. Gresh•lcµr �ler�. School � Pnsk HBgft Se1EO»1 �# 77( �I Location Map Honorable Mayor, City Council, and Ryan Schroeder Front and Rear Yard Variances — 7675 & 7679 Hyde Avenue May 7, 2013 Page 2 of 8 Planning Commission Review The Planning Commission held a public hearing on April 22, 2013. Mr, Hause attended the meeting. A copy of a letter dated April 22, 2013 from someone objecting to the variances was distributed to the Planning Commission. The author of this letter or where they reside is unknown. At the public hearing, Kevin McCormick, 7683 Hyde Avenue, voiced his objection of any house being built on these properties. Mr. McCormick stated that it was his understanding that both parcels are unbuildable and believed that the City should not grant any variance allowing a house to be built on either lot. There was no other written or oral testimony received at the public hearing. At the public hearing, it was noted that the existing tree saplings and brush on the each vacant parcel would be removed for construction purposes. The requirement that park boundary mark- ers be installed along the east property line was discussed. The purpose for the markers is to help delineate the westerly boundary line for the adjoining North Ideal Park. City staff explained that a residential dwelling could be constructed on each lot without granting a variance, but such a structure would be architecturally inconsistent with other residential dwellings in the neighbor- hood. A manufactured home with a detached accessory structure was identified as a potential structure that could be placed on either property. Jeff Hause, the applicant for the variances, explained to the Planning Commission that he is seeking variances to permit the construction of a new house on each vacant lot. The site plan illustration depicts a building footprint on each lot. The type of house proposed on each lot could be a three-level split, front entry split, or a two-story house. The Planning Commission expressed general support for the requested variances and preferred the idea of a conventional stick-built designed house that would be similar to surrounding exist- ing houses. The Planning Commission by a 7-to-1 vote recommended to the City Council that a variance to reduce the 35-foot minimum rear yard setback to 22 feet for a principal structure at 7675 Hyde Avenue be approved. The one nay vote was voiced because there was no discus- sion once the motion and second to grant the variance was made. The Planning Commission unanimously recommended to the City Council that a variance to reduce the 30-foot minimum front yard setback to 20 feet for a principal structure at 7679 Hyde Avenue be approved. Both recommendations to the City Council included findings of facts and conditions of approval. These findings of facts and conditions were incorporated in the attached draft resolutions. 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. Honorable Mayor, City Council, and Ryan Schroeder Front and Rear Yard Variances — 7675 & 7679 Hyde Avenue May 7, 2013 Page 3 of 8 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. 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 has provided a site plan showing a two-story house with an attached garage and full basement on this parcel. 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 con- structed on the rear of the house, it would be approximately 14.3 feet from the rear lot line. 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 at- tached garage side of the structure required in the R-4 District. The lot slopes from an 889 con- tour in the northeast 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 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 pro- posing 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. Honorable Mayor, City Council, and Ryan Schroeder Front and Rear Yard Variances — 7675 & 7679 Hyde Avenue May 7, 2013 Page 4 of 8 An aerial photograph, a survey showing the proposed house location, and proposed building elevations and floor plans for each parcel are shown below. � � ��jP��' ' • - .\ / " �� - � ' � , • �':y.,� �p,n� � ';I "' � � � � � � � °e� � ♦ 4+ � / � ,,,� ' {� `� .: , � , '� � 1 . ./ � f Y t t-s } ; i •�__� ' '��`, r�,, y ��,�; 3t .� ' � r ��. .. � . �.ti North�,�f�deal '� � .:;;: �-::7 � :� �� . .; - � , � � °�� `�� { F � \ , � �► .,��. a � . :�i ;•• ` � l 'i. ° \\' S � ,'� � , ��.1� ct� � . � ` s- ' ` �� . �i y % ` �, � } t 1�ry t. r S r.y -�,' � .+� �\ "�� .�., , 5'�` '� �', � � '�� ; 1 ys� / � � 30 tt. ' � t l �ai + ��. 4 ' - 22.4ft ,.�\ � i��M E � . �' i"� � . `; �' �`,� • ��♦ � '�y �� : � ' ' i �1 'c �, 6 `ips, . tF � � s � ' F . � �} � � r .� V'� 5,�. i ' .� -. '.. , _ - . .I � � ; ) , � `k � . � . ,,� � . f . 2 a`��_ � , � ��, 1 ��. � � �.. g ' � �. . � �� , � + , � �' � ",� , . . �� , - ,� '; �, , , - k �� v h' °j � % t ' ' ._ _ . t. �� . , ,� .� ;r'�. � � � � , � ., 5 . � �� ; � .,, , N �f� � _ _ � f i � i � � .. . . . ,_y - r . � ..7,. � �� . �f � :'t ,� , -� , � i ,' ../ � , � � � • � � / 1 7691 �, , ^ '�' �,`• �s y � y ,'�! . " : i / ' ,4 � � r � / � � � ,r , 9 _ �'j� tt'. +` +� . ` � . r � T -� � � ' Ii 1 �'� � ;� 1sy - fr^ r !.% ,` `. ` • �_��'� _ 2009 Aerial Photograph Honorable Mayor, City Council, and Ryan Schroeder Front and Rear Yard Variances — 7675 & 7679 Hyde Avenue May 7, 2013 Page 5 of 8 � � � �j H(�USE DETAIL � " N4 SCh�E �a �-°--+ ^ I � g N� � �� O ,� ..4 -- a � a � JCA .. L�d6. i5 R=SO.tlo a�sz°sa'os°_. HYC�EA t/� sourH 0 20 46 scn�e: i wcn m zo Feer ' F� '�r,� � .. (: . .. tA � � � PROFQSEb DUILD NC EIEVATlONS ,. �. � I NOUSE7YPE=Ft1LL8e15E7UENT � � � �� µ' ' GANAGE FtpDR � 8843 ' `� • � ' ' � •r TOP OF 6LpCR •• gB4,y L9' RLlURELS) � � BASEMENT PLOOR = 876.0 « AREi1 SflMh9AR • I TOTAL Of LOT - 8,68q SQ,F7. � � � , V �ecn.�. !-�� ' tat 8, elack 5, kOItING iillts 47H AOp17t03i, Wailil+rorn.i Cm,nw. r.r,��nrz 7675 Hyde Avenue — Proposed Site Plan i� I Cdd 0 � �� C; h. � �. c� c� �i � 16t56 /� �;: �� • : ��- �: r RW � : � �:i `�' � �n �� ,. o � b � ti. : a�� c. . 4 � �i� �� LI � J, ,9� �.. -��__ ��, a �s�� ,. �. 7675 Hyde Avenue - Building Elevation Example Honorable Mayor, City Council, and Ryan Schroeder Front and Rear Yard Variances — 7675 & 7679 Hyde Avenue May 7, 2013 Page 6 of 8 � ° , ; �._. t � A �• r -3i'�#�, � r � , S �t. . �� ¢�5�� l�d� (,.� � . } �{� $' � �� g � � � ��iSi'iii94 t : �:.� Y$��tt�'� i �, t ; ' i , °° _- : . _; � _. �� , -# � �, �, ;' 3 �� .k i e ii��y i� t '� ',i�y�. � .'i , � �� , :` , �.' � � � ��_ �. �� ,$. � � � � �� .� � �� ,; �4 : �t :o �.� _;� .� �' �� , . � $��- � � � �a.� . _., .. _. . �.:_ . . � .. .. ... , . ,'(} �L�i W � �� ;� First Floor Plan = 1,166 square feet d=d6°DU'fd" L=39.39 HYD,�AVE.' n=sa.a/) sa�r� ��, �� I2.93 � R�50.00 6=f4"d9'Q�"-- �, _ ML � + ` LfJ .. / �; c � °` �° � �3 , �m `.�� • �. 1 ._� eeza o u \,,.�� '� `v- �°r ��'�� U� t � � �� , \ � ° f °� � 'G � � . - , � � v",{ �� • , \� • W 7 � F a ` \ ' a( 2' �(((�� _ �l. � ��e.-�^ 9 ¢' w t � o . �� r PJORTN � / !� + y� 20 40 � � / P � a �� ' :ALE: 1 INCH = 20 FEEY �� `� ..5:> !J� ��`9x �~ � DEfAlle `�� I �.�= _ � .�� `� � �`.. ff �` �� _ '-a.vn�i�ia . � $: 4,a � � � �� Second Floor Plan = 965 square feet P ROJ�C'T Lt3�ATiON: 7G%9 HYDE AVENU� COTI"RGE GR9VE, MN :f: j <, � ,.. f �� -`}'i ...._ 'i r; �C G t.� �xi cq i-1 � c� rt, Oq 4 a fl O � � �,I ; q l:7 � r,: t-. jl: A. f �ROPCISED C3UILDING EI.�VATIANS HOVSE iYPE a FULL BASEA1EtiT enaace Et�on = se3.a 70P bF e�4eK = 8&3.9 (9' POUREaI flASE4AENT FLOOR - 875.0 + AREA 5UMMARY: TtlTA6 OF LOT m 71,556 S6-f7. * LFGAL DESCRtPTiON lot 7, ktuck 5, ROtiING NILlS 4TH ADDITIOtd, WaiMnptori County, AlinnesaTp. 7679 Hyde Avenue — Proposed Site Plan Honorable Mayor, City Council, and Ryan Schroeder Front and Rear Yard Variances — 7675 & 7679 Hyde Avenue May 7, 2013 Page 7 of 8 �� '•, ��f��. � C�in. = ._ . • 4 � � �< «� E ,��_ �� , YL^ t' � ��. � .. qri .�.�...� �� (f'f 5154� ,. �` 14�XIG+Q . w� G+ � � .� �..� i P ' � 7 } 1 L 'ai ._.... _... � � �'7c'� E'm EI i SI� __..._.. . - . �-.,�s�..__..,__� 1 �ti de�.�Jft�e1C31nt.. ,q�` yr+ 7679 Hyde Avenue First Floor Plan Main Level = 807 square feet 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 unfortu- nate that additional lot depth was not provided for this parcel at the time it was platted in 1986. It 7679 Hyde Avenue — Building Elevation Example �f�'s'�18� SIrr�C R:It� a�2 $tg Ft Honorable Mayor, City Council, and Ryan Schroeder Front and Rear Yard Variances — 7675 & 7679 Hyde Avenue May 7, 2013 Page 8 of 8 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. Recommendations The City Council is requested to take separate action on each of the two minimum setback variances for two separate parcels. The recommendations are as follows: Recommendation No. 1— 7675 Hyde Avenue That the City Council accept the Planning Commission's recommendation to grant a variance reducing the 35-foot minimum rear yard setback to 22 feet for property at 7675 Hyde Avenue. City Council should adopt the resolution granting this variance, subject to the findings of facts and conditions as drafted in the attached resolution. Recommendation No. 2— 7679 Hyde Avenue That the City Council accept the Planning Commission's recommendation to grant a variance reducing the 30-foot minimum front yard setback to 20 feet for property at 7679 Hyde Avenue. City Council should adopt a resolution granting this variance, subject to the findings of facts and conditions as drafted in the attached resolution. RESOLUTION NO. 2013-XXX A RESOLUTION GRANTING 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 WHEREAS, J.G. Hause Construction applied for a variance to City Code Title 11-9E-5, Development Standards in the R-4, Low Density Residential District, to reduce the required 35- foot rear yard setback to 22 feet to allow construction of a single-family house on property legally described as: Lot 6, Block 5, Rolling Hills 4th Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 7675 Hyde Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at their meeting on April 22, 2013; 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 and testimony from the applicant and the public was received and entered into the public record; and WHEREAS, the Planning Commission on a 7-to-1 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 City Code Title 11-9E-5, Development Standards in the R-4, Low Density Residential District, to reduce the required 35- foot rear yard setback to 22 feet to allow construction of a single-family house on the property legally described above. Granting this variance is based upon the following findings of fact: A. The residential subdivision named Rolling Hills 4th Addition for which this rear yard setback 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. Resolution No. 2013-XXX Page2of3 B. The proposed principal structure will still comply with the 7.5-foot minimum side yard setback 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 Comprehensive 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. 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. 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 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 construction 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. Resolution No. 2013-XXX Page 3 of 3 5. A boulevard tree having a 1 3 / 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. Passed this 15th day of May 2013. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk RESOLUTION NO. 2013-XXX A RESOLUTION GRANTING 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 WHEREAS, J.G. Hause Construction applied for a variance to City Code Title 11-9E-5, Development Standards in the R-4, Low Density Residential District, to reduce the required 30- foot front yard setback to 20 feet to allow construction of a single-family house on property legally described as: Lot 7, Block 5, Rolling Hills 4th Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 7679 Hyde Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at their meeting on April 22, 2013; 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 and testimony from the applicant and the public was received and entered into the public record; and WHEREAS, the Planning Commission unanimously (8-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 City Code Title 11-9E-5, Development Standards in the R-4, Low Density Residential District, to reduce the required 35- foot rear yard setback to 22 feet to allow construction of a single-family house on the property legally described above. Granting this variance is based upon the following findings of fact: A. The residential subdivision named Rolling Hills 4th Addition for which this front yard setback 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. Resolution No. 2013-XXX Page 2 of 3 B. The proposed principal structure will still comply with the 7.5-foot minimum side yard setback 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 Comprehensive 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. 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. 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 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 construction 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. Resolution No. 2013-XXX Page 3 of 3 5. A boulevard tree having a 1 3 / 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. Passed this 15th day of May 2013. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON APRIL 22, 2013 6.2 Hyde Avenue Setbacks Variances — Case V13-012 J.G. Hause Construction has applied for 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 construc- tion of a house at 7679 Hyde Avenue South. McCool summarized the staff report. He reported that an unsigned letter in opposition to the variances was received today and was distributed to the Planning Commission. Staff rec- ommended approval of both variance applications based on the findings of fact and subject to the conditions stipulated in the staff report. Jeff Hause, Bayport, Minnesota, stated that the two lots could be viable for the community, which is the reason for the setback variances. Rediske asked if there are proposed buyers for either of the lots. Hause responded not at this time. Rediske asked about the setback for a deck on the house at 7675 Hyde Avenue. Hause responded that a deck would be approximately 16.4 feet from the rear property line. Rediske asked if the city would want a deck on this house with a variance to 22 feet. McCool stated that city ordinances allow deck structures to be as close as eight feet to the rear lot line, so this would exceed the minimum requirement. Brittain stated that he would have concerns about the requests if there were homes directly behind the lots, but there is open space. Rediske asked if there would be issues related to the drainage pond. McCool responded that staff would not allow any structure to be built within the easement. Johnson asked how long the development has been there and why the lots have not been built on yet. McCool responded the development was platted 27 years ago. The minimum setback requirements are the same as they were at that time. These were probably the two least desirable parcels in the subdivision plat because of the stormwater basin in the back yards. He does not know the ownership history or why the property owner did not build on those lots in the past. Rediske asked if the houses would be dramatically different than the existing houses in the neighborhood. McCool responded that they would be two-story structures; the other homes are split entries. The exterior materials would be similar. Rostad opened the public hearing, Kevin McCormick, 7683 Hyde Avenue South, stated that when he moved in a year ago he was under the impression that those lots were not big enough to build on. The neighbors had told them that nothing could be built there because it backs onto a wetland and the lots were not big enough. He stated that in the past there was an attempt to build one house on both lots but that was not approved. He does not know why two houses could now be approved for those lots. McCool stated that the plat was approved in 1986 and at that time the drai- nage and utility easements existed on those parcels. There are easements that are six feet in width on along each side of the lot and extend along the backs of those parcels. He pointed out McCormick's lot noting that the rear easements are also on his lot. There is a 10- foot drainage and utility easement along the front of all the lots within the subdivision plat. He does not know why a house was not built on those parcels 27 years ago; the parcels were platted to comply with the minimum lot width and lot area requirements. McCormick asked why variances are needed to build these houses and why the lots are less desirable. McCool responded that the parcel depth from the front property line to rear prop- erty line compared to the other parcels in the subdivision is shorter. The parcel to the south (Lot 7) has a drainage and utility easement that occupies the easterly third of that parcel, where nothing such as a shed or deck could be built, so it limits the amount of buildable area. The other parcels in the subdivision do not have those characteristics. Rostad stated that if those two lots were unbuildable the plat likely would have been required to be changed. The lots are buildable, and even though nothing was built since the plat was approved, does not take away from that fact. McCool stated that other structures could be built on the lots without variances, including manufactured homes, which would be out of character for the neighborhood. Staff believes the setback requests are reasonable for single family structures that would be compatible with the rest of the homes in the neighborhood. He noted that 27 years ago the owner could have applied for variances to be able to build on those parcels. Both lots exceed the minimum lot area of 7,500 square feet and both parcels comply with the minimum lot widths. Reese asked how these two lots compare with 7663 and 7659 Hyde. McCool responded that he researched the building permits for houses in that neighborhood; the home at 7663 was built in 1994 and is a tri-level with a total floor area of 912 square feet. He did not look at the lot sizes. Reese asked why they are not requesting a front yard setback reduction for the house at 7675 Hyde instead of the rear yard. Hause responded that it did not seem detri- mental to the back yard to reduce that setback. Reese expressed concern about the lack of space in the back yard for play structures or sheds. Hause stated that other types of homes could fit on these lots without variances but he is trying to have the homes fit into the neighborhood. Stacy McCormick, 7683 Hyde Avenue, stated that if the home was pulled forward it would be too close to the neighbor's driveway. Aesthetically two brand new houses among homes that built in 1986 would not match the neighborhood. Johnson asked how encroachments onto the park space could be avoided. McCool re- sponded that one of the conditions of approval for both parcels is that a park boundary marker must be purchased and installed on the northeast corners of the lots, which would provide a site line for the park boundaries. Any encroachments would be a city code enforcement issue. No one else spoke. Rostad c/osed the public hearing. Reese asked if this was a new development, would the City allow these variances. McCool stated that during the platting process, the City would make sure that all parcels were build- able. If someone chose to build a bigger house that would require variances, staff would not be able to control that. Harter asked if the city required Newland to redo their plat to make sure everything fit prop- erly. McCool responded that during the platting process all the properties complied or ex- ceeded the minimum requirements for setbacks and lot area. Staff is not aware of any variances that would be needed to build houses on any of the lots in those plats. He is sure that was case for this subdivision 27 years ago. Reese asked how much brush and vegetation will need to be removed in order to build the homes. McCool responded that enough material would be removed to provide for usable yard space. No vegetation would be removed from the City's parkland. Burbank stated that the square footage of the property at 7663 Hyde Avenue is 7,682 square feet. He explained that one of the previous owners was Richard Hubbs, who built several of the homes in that neighborhood. He was never motivated to build on those lots and stock- piled materials from other projects there, though he always intended to build. Levitt stated that when the Newland and DR Horton met with the Commission in the work- shop session they were looking for the front yard setback to be reduced to 20 feet and the City approved a compromise to 25 feet. Brittain stated that the house at 7679 is on the radius of the cul-de-sac and it looks like it would be in symmetrical alignment with the homes adjacent to it, so if it was pushed back another 10 feet it would stick out more. He stated that if these lots backed up to other homes, he would have a significant concern. People buying these houses will know that there will be limitations to what can be done in their backyards. He stated that building homes on these lots that would meet all requirements without variances could be a negative detraction to the neighborhood. Reese noted that he asked why 7675 could not be moved closer to the front property line. Brittain stated that he would be concerned that a front yard variance would crowd the adja- cent homes. Reese asked if there was any thought to building split levels that would be consistent with the other homes in the neighborhood. Hause stated that they did consider that but they want the finished square footage to be consistent with other homes in the neighborhood. They could change these homes from two-story to multi-levels or split entries as long as they kept a similar footprint to end up with around 2,000 square feet finished. Johnson asked what times during the day construction can take place. McCool responded that City ordinances have a construction timeframe of 7:00 a.m. to 7:00 p.m., which applies to all properties. Pearson asked if they went to a split level home trying to keep the same square footage, the footprint of the house would be bigger. Hause replied yes. He noted that the house on the north lot was originally placed farther north but was impeding on the driveway to the north. Pearson asked if the driveways in encroach onto the side yard easements. McCool stated that the driveway on parcel to the north does not meet the six-foot minimum setback re- quirement and he does not know the history of that. For the new home staff is requiring that the driveway not encroach into that easement, so this parcel will have a six-foot setback between the driveway edge and the side property line. Brittain made a motion to approve the rear yard setback variance at 7675 Hyde Ave- nue, based on the findings of fact and subject to the conditions listed below. Rediske seconded, Motion passed on a 7-to-1 vote (Reese). Reese explained that he voted nay because there was no discussion after the motion. He stated that he hopes that builder will talk to staff about other house styles for those lots. Brittain made a motion to approve the front yard setback variance at 7679 Hyde Ave- nue, based on the findings of fact and subject to the conditions listed below. Harter seconded. Motion passed unanimously (8-to=0 vote).