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Home My WebLink About2013-06-19 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # � DATE 6/19/13 . . PREPARED BY Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR ******�*:�********************:�****************** COUNCIL ACTION REQUEST: Consider approving a variance to allow an upper level addition to be less than the required 10 feet from the north property line at 7868 Ivystone Avenue South. STAFF RECOMMENDATION: Adopt the resolution approving the side yard setback variance at 7868 Ivystone Avenue South. BUDGET IMPLICATION: $N/A BUDGETED AMOUNT $ N/A N/A ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION DATE � PLANNING 5/20/13 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John McCool dated 6/13/13 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � OTHER: Excerpt from unapproved 5/20/13 Planning Commission meeting minutes ADMINISTRATOR'S COMMENT � `' �--� 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: June 13, 2013 RE: Jeff and Kerri Kvasager — Side Yard Variance at 7868 Ivystone Avenue Proposal Jeff and Kerri Kvasager, 7868 Ivystone Avenue South, have applied for a variance to City Code Title 11-9D-5(A), Minimum Requirements for Properties in the R-3, Single-family Residential District. The applicant proposes to construct a second level above their attached garage and main floor of their tri-level house. The purpose of the variance is to allow the construction of their upper level addition to be less than 10 feet from the north property line. The existing side yard setback between the attached garage and north property line will be the same for the proposed second level addition. Location Map Planning Commission Review The Planning Commission held a public hearing on May 20, 2013. Mr. and Mrs. Kvasager attended the meeting. There no written or oral testimony was received at the public hearing nor did anyone speak against this application. Honorable Mayor, City Council Members and Ryan Schroeder Kvasager Side Yard Variance — 7852 Ivystone Avenue June 13, 2013 Page 2 of 6 The Planning Commission supported this variance application and unanimously (6-to-0 vote) recommended to the City Council that the variance be approved. The findings of facts and conditions documented in the planning staff report were incorporated in the attached draft resolution. An excerpt from the Planning Commission's unapproved minutes is attached. Planning Considerations Ordinance Criteria The property is zoned R-3, Single-Family Residential District. City Code Title 11-9D-5, Devel- opment Standards, requires a 10-foot minimum side yard setback for the living area of the dwelling and a 5-foot side yard setback for attached garages. The requested variance is to allow the second floor living space above the attached garage to have the same side yard setback as the setback between the applicant's north property line and north side of their attached garage. A copy of the applicant's letter (dated April 23, 2013) is attached as Exhibit A, and the appli- cants' response to the ordinance criteria is Exhibit B. The City Council may grant variances from the strict application of the zoning ordinance and can impose conditions and safeguards on the variance in cases where it has been demonstrated there are practical difficulties or particular hardships in carrying out the strict letter of the regula- tions. In accordance with the City ordinance, a variance may be granted provided that all the following conditions are true: 1. The particular physical surroundings, shape or topographical conditions of the specific parcel of land involved cause a particular hardship to the owner, as distinguished from a mere inconvenience, if the strict letter of the regulation were to be carried out. There are unique conditions that apply to the structure or land in question that do not apply generally to other structures or land in the same zoning district. 2. The conditions upon which a petition for a variation is based are unique to the parcel of land for which the variance is sought and not generally applicable to other property within the same zoning classification. 3. The alleged difficulty or hardship must be caused by this article and not by any person presently having an interest in the parcel of land. 4. 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. Utilities Private utilities adequately serve this property and other properties in the neighborhood. City water and sanitary sewer services already exist and are adequately sized to accommodate this property. The construction of the second floor addition will not impact or require any relocation of existing utilities. Property Characteristics The house was constructed in the mid-1970's. It is a multi-level home with an attached two-car garage. There is an accessory structure near the rear property line. The photographs below Honorable Mayor, City Council Members and Ryan Schroeder Kvasager Side Yard Variance — 7852 Ivystone Avenue June 13, 2013 Page 3 of 6 show the front elevation of the existing house and the side yard along the north side of the attached garage. � t ,� 1 . � � i 1 : - � . � T t1 �,' 4 �I � �, 1� � � � � �� r Cff 3 � ' • �j�`�� I ; f % ,/ I t.`;��tft��!'�.:� ..{�.. :..� .f/�.% � . ,.=` �; ;;; ,, r , ,� , ; ;;; Ii'' J : r'l;- `r y }i i � � , `��:i �, . . ;�;� � ., � Front Elevation �"` !t 'rf �� -�' k r "% ,i�r" � . . _�� /� �� t i,' �'� µ. `'`�—� .- 1 . / J S �� / j , . s ( /..`, � � ,�"• R . _ y -ii I-. T �, � . �: � i � i � { . 1 l 1 '•. 1�� y ��;� �r�,, ��d � � , �-,��,� , i 1 i 4��,'/ti� �� 4�� r� „� �,�/ �` , f � � �. , _�' � - �- ,<<..,.. - � � x ; ,� � ` � = �`� 4 ��, � � . - �M _ � .�G.� �'�' L.'� GA. �e _ _ _ - _ � . � - . ��' , � _ I _ -- _ _ -- �- - - �.,��.� - <t - - �-�.�� -' � _-�' �.�,`��„ � � _ - � . �'t, r y � : •� � �. - =i � - aa , �`7�r=�ii�:.�+a �-�§�%"� fa� c�tia _.r �w :`�` . •. �"A . View of North Side Yard Honorable Mayor, City Council Members and Ryan Schroeder Kvasager Side Yard Variance — 7852 Ivystone Avenue June 13, 2013 Page 4 of 6 The existing house north of the applicant's property is approximately 49 feet from the common boundary line with the applicant's north side property line. The photo below shows the separa- tion between the two structures. Proposed Architecture A building schematic of the proposed upper addition is shown below. This addition will add ap- proximately 960 feet to the existing dwelling. The upper level will have a bathroom, great room, two bedrooms with closet space for each bedroom, and two smaller storage closets. The exist- ing two-car attached garage will continue to be garage space. The roof pitch and shingles on the proposed addition will be similar to the roof pitch and shingles on the existing portion of the house. Siding materials and color will also match the existing sid- ing and color scheme of the current house. A copy of the floor plan (Exhibit D), front building elevation and a 3D graphic illustration are shown below and attached as Exhibit E. Proposed Addition Floor Plan Honorable Mayor, City Council Members and Ryan Schroeder Kvasager Side Yard Variance — 7852 Ivystone Avenue June 13, 2013 Page 5 of 6 Front Building Elevation Public Hearing Notices Public hearing notices were mailed to 62 property owners who are within 500 feet of the subject property. These notices were mailed on May 8, 2013. The location map shows the 500-foot buffer around the site. Dale and Eileen Schouveller, 7852 Ivystone (property owner north of the applicant's property) have written a letter (dated April 23, 2013) supporting the Kvasager's proposed addition. A copy of Schouvellers' letter is attached as Exhibit C. 3-D Graphic Illustration Honorable Mayor, City Council Members and Ryan Schroeder Kvasager Side Yard Variance — 7852 Ivystone Avenue June 13, 2013 Page 6 of 6 Recommendations That the City Council accepts the Planning Commission's recommendation to grant a variance reducing the 10-foot minimum side yard setback for the living area of the house to be the same side yard setback as the existing attached garage and north property boundary line and adopt the attached resolution granting this variance. The findings of facts and conditions recom- mended by the Planning Commission are included in the attached resolution. RESOLUTION NO. 2013-XXX A RESOLUTION GRANTING A VARIANCE TO REDUCE THE REQUIRED 10-FOOT SIDE YARD SETBACK TO ALLOW CONSTRUCTION OF AN ADDITION ABOVE THE MAIN LEVEL OF THE HOUSE AND ATTACHED GARAGE AT 7868 IVYSTONE AVENUE SOUTH WHEREAS, Jeff and Kerri Kvasager applied for a variance to City Code Title 11- 9D-5(A), Minimum Standards in the R-3, Single Family Residential District, to allow an addition to be constructed above the main level of the house and attached garage on property legally described below. The living area on the upper level will have the same side yard setback as the attached garage but will be less than ten feet as required by City ordinance. Lot 14, Block 4, Pinetree Pond 5th Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 7868 Ivystone Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at their meeting on May 20, 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. The applicant attended the public hearing. No other public 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 City Code Title 11- 9D-5(A), Minimum Standards in the R-3, Single Family Residential District, to allow an addition to be constructed above the main level of the house and attached garage on property legally described above. The living area on the upper level will have the same Resolution No. 2013-XXX Page 2 of 3 side yard setback as the attached garage but will be less than ten feet as required by City ordinance. Granting this variance is based upon the following findings of fact: A. The existing principal structure complies with all the minimum setback requirements for the R-3, Single-family Residential District, which is the zoning district this property is located within. B. Constructing the proposed addition above the main level and attached two-car garage will not reduce the existing side yard setback along the north side of the principal structure. C. North of the applicant's property is the back yard of a neighboring residential dwelling. The distance between the rear wall of the neighbor's house and their rear lot line, which is also the north side property line of 7868 Ivystone Avenue, is approximately 49 feet. D. The proposed addition is consistent with the property's reasonable use, will enhance the property's value, and has general architectural characteristics that are similar to other existing residential dwellings in the neighborhood. E. The requested variance 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. F. The unique circumstances to the property were not created by the landowner. G. The purpose of the variance is not based exclusively upon a financial hardship. H. 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. All applicable permits (i.e.; building, electrical, grading, and mechanical) are completed, submitted, and approved by the City prior to the commencement of any construction activities. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. Resolution No. 2013-XXX Page 3 of 3 2. The exterior siding materials and color scheme proposed for this house must be similar to the materials and colors for the existing structure. Passed this 19th day of June 2013. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON MAY 20, 2013 6.1 Kvasager Addition Variance - Case V13-013 Jeff and Kerri Kvasager have applied for a variance to the required 10-foot side yard set- back to allow a 900 square foot second story addition to be 7.5 feet from the side property line at 7868 Ivystone Avenue South. McCool summarized the staff report and recommended approval based on the findings of fact and subject to the conditions stipulated in the staff report. Rostad opened the public hearing. No one spoke. Rostad closed the public hearing. Brittain made a motion to approve the side yard setback variance based on the find- ings of fact and subject to the conditions listed be/ow. Ventura seconded. Findinps of Fact: A. The existing principal structure complies with all the minimum setback require- ments for the R-3, Single-family Residential District, which is the zoning district this property is located within. B. Constructing the proposed addition above the main level and attached two-car garage wil/ not reduce the existing side yard setback along the north side of the principal structure. C. North of the applicant's property is the back yard of a neighboring residential dwelling. The distance between the rear wall of the neighbor's house and their rear lot line, which is also the north side property line of 7868 Ivystone Avenue, is approximately 49 feet, D. The proposed addition is consistent with the property's reasonab/e use, will en- hance the property's value, and has general architectural characteristics that are similar to other existing residential dwellings in the neighborhood. E. The requested variance 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. F. The unique circumstances to the property were not created by the landowner. G. The purpose of the variance is not based exclusively upon a financial hardship. H. 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. lt will not create congestion in the public streets, become a fire danger, or endanger the public's safety. Excerpt from Unapproved Planning Commission Minutes Kvasager Addition Variance — Case No. V13-013 May 20, 2013 Page 2 of 2 Conditions of Approval: 1. A/l applicab/e permits (i.e.; building, electrical, grading, and mechanical) are completed, submitted, and approved by the City prior to the commencement of any consfruction activities. Detailed construction plans must be reviewed and approved by the Building Official and Fire Marshal. 2. The exterior siding materials and color scheme proposed for this house must be similar to the materials and co/ors for the existing structure. Motion passed unanimously (6-to-0 vote.)