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HomeMy WebLinkAbout2013-07-22 PACKET 06.1.STAFF REPORT CASE: CUP13 -023 ITEM: 6.1 PUBLIC MEETING DATE: 7122193 TENTATIVE COUNCIL REVIEW DATE: 8/14113 APPLICATION APPLICANT: Richard Leicht REQUEST: A conditional use permit to allow a 1,000 square foot accessory structure in addition to the existing 2,480 square foot accessory structure. SITE DATA LOCATION: 6192 65th Street South ZONING: AG -2, Agricultural CONTIGUOUS LAND USE: NORTH: Agricultural EAST: Agricultural SOUTH: Agricultural WEST: Agricultural SIZE: N/A DENSITY: N/A RECOMMENDATION Approval of a conditional use permit to allow a 520 square foot accessory structure in addition to the existing 2,480 square foot accessory structure at 6192 65th Street, subject to the conditions stipulated in this staff report. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: John M. Burbank, Senior Planner, 651 - 458 -2825, iburbank(aDcottage- g rove. orq G: \CITYFILES \13 CITYFILES \023CUP Leicht Shed 2013 -07 -22 \Planning \CUP13 -023 Leicht Shed SR cover 2013- 07- 22.docx Planning Staff Report Leicht Conditional Use Permit — Oversized Accessory Structure Planning Case No. CUP13 -014 July 22 2013 Proposal Richard Leicht has made application for a conditional use permit to allow a 1,000 square foot accessory structure in addition to the existing 2,480 square foot accessory structure located at 6192 65th Street South. Proposed Accessory Structure Site Detail Location Map Planning Staff Report Leicht Conditional Use Permit— Oversized Accessory Structure July 22, 2013 Page 2 of 8 Air Photoaranh — Existina Site Plan Planning Considerations Property Characteristics The 1.9 -acre property is relatively flat and surrounded by mature trees. The adjacent properties surrounding the trees are agricultural fields and grasslands. There is a single - family home with an attached garage and a 62 -foot by 40 -foot detached accessory structure. The 2,213 square foot home was constructed in 1850. A historic inventory detail sheet on the home is attached to this report for reference. The site is served by private well and septic. Background The Applicant constructed the existing 2,480 square foot detached accessory structure in 2003. This structure is 20 square feet below the maximum allowable square footage for accessory structures on the property. The ordinance allows for two detached accessory structures up to the 2,500 square foot maximum. During the spring of 2013, the building staff noted the construction of an addition to the accessory structure on the property without a building permit. The new structure as it is currently constructed is 1,080 square feet. A stop work order was issued. Planning Staff Report Leicht Conditional Use Permit — Oversized Accessory Structure July 22, 2013 Page 3 of 8 a 1" I , Non- Nermrtted structure The Applicant responded to the stop work order and worked with Planning staff to determine op- tions to bring the property into compliance with the ordinance criteria. During this review it was noted that City Code Title 11 -3 -3E, which allows for increases in accessory structure size or height by conditional use permit, would be an appropriate section to base the review on. The ap- plicant chose to pursue this option to address the structure that is currently in excess of ordinance criteria, as it was allowed by ordinance, and the uncertainty of being able to demonstrate unique findings for the granting of a variance. Ordinance Criteria The language in City Code Title 11 -3 -3E is included below. E. Miscellaneous Requirements: 1. Accessory structures greater than that permitted in subsections B and D of this section may be ap- proved by conditional use permit if in compliance with section 11 -2 -9 of this title and the following standards are met: a. There is adequate setback, screening, or topography changes that buffer the proposed structure from adjacent public roadways or adjacent properties. b. The proposed building height or building square footage does not exceed the ordinance criteria as specified in subsection B or D of this section by more than twenty percent (20 %) within the metropol- itan urban service area (MUSA) and forty percent (40 %) outside the MUSA. c. Setback distances are increased five feet (5') for each one foot (1') of height or one hundred (100) square feet of size increase or fraction thereof. d. If future site development renders the structure nonconforming, the building must be brought into compliance or removed as a condition of the development approval Planning Staff Report Leicht Conditional Use Permit — Oversized Accessory Structure July 22, 2013 Page 4 of 8 Review of Ordinance Criteria The property, while rural in nature and position, is located within the MUSA, which caps the oversizing allowed on the site at 20 percent or 500 square feet. For clarification, the application that was submitted requests that the non MUSA increase standard of 40 percent be applied to the property due to the "rural nature" of their property. Based on designated land use and recent development related inquiries on the adjacent property it is anticipated that the rural character of this property will be nonexistent in the future. The increase from 20 percent to 40 percent oversizing is not recommended by staff . Given the noted construction without a permit and the property's location within the MUSA, it is recom- mended that the oversize allowance be capped at 520 square feet (500 square feet plus the 20 square foot balance) as per the ordinance criteria. This action would bring the total allowable square footage of accessory structures on the site to 3,000 square feet, which is a reasonable and generous size for residential storage purposes. The table below identifies the allowable accessory structure sizes for the different zoning districts located within the City. Properly alassHleatlon Humber Toti1 Size AG -1 (AG -2 Il.. 2 _.._ 112,500sq.0.._�I - - 2 __] 2,500 sqq R•2 2 2,000 sq . n. uR � � t.200 sq . n R•2.5 R•2A 780 sq n, R.2t3 R-2C R -20 -_ -, R•2@ R•2F R3 � ( R•4 'I Na nra 1 d8Q sq . ft. Na Na t,ODD - R -$ and R -4 non- 61USA, 3 aces or greater 2 2,506 sq n R -5 SIEe plan review 578 sq . n. per anti R -S pu - - -- Slte PFan review 1 576 sq n. per ONi 1,000 sq. n. AO properties meeting agricultu definitions Unlimited 300 sq . n. per acre CommerGa and i ndustrial Site plan review Site plan review As a component of the Applicant's 1,000 square foot oversizing request, they have indicated that they have requested a condition of approval that would require that the site to be brought into conformance with the 20 percent urban standards upon the construction of new single family Planning Staff Report Leicht Conditional Use Permit— Oversized Accessory Structure July 22, 2013 Page 5 of 8 homes within 500 feet of the site. Staff has discussed a condition of this nature and determined that enforcement of the requirement would be difficult to moniter and complete in the future and would not be a recommend course of action. Should the Commission or City Council recommend establishing the maximum oversizing at 40 percent (1,000 square feet) as requested, this would require a variance from the ordinance, and a public hearing would need to be held prior to final action by the Council. Post construction va- riance application fees are $800. The applicant's response to the ordinance criteria and submitted photo exhibits are attached to this report. Land Use The land use classifications for this site and the surrounding three parcels are Low Density Resi- dential and parks and private open space. Zoning The property is zoned AG -2, Agricultural District. Zoning map AG2 R2'S _ - 1 PUD - 0 M ,r� R 70TH 6T (C.S.A N 22, R2. R2 Zoning map Planning Staff Report Leicht Conditional Use Permit — Oversized Accessory Structure July 22, 2013 Page 6 of 8 Zoning — Lot Setbacks The proposed accessory structure is compliant with the standard required setbacks for the AG -2 zoning district, which are 25 feet from the side and 50 feet from the rear property lines. The additional setback criteria related to the ordinance criteria for the CUP (Title 11 -3 -3E) re- quires that setback distances increase five feet for each one foot of height or 100 square feet of size increase or fraction thereof. As requested, the required setbacks would be 75 feet from the side and 100 feet from the rear. The Applicant has indicated that the setbacks for the proposed structure would be 130 feet to the rear and 83 to the side, which would meet the additional required setbacks for the structure size requested. Site Plan Transportation There are no transportation impacts as a result of the request. No additional access to 65th Street is being requested nor would it be permitted. _ � �I I I 130' I 2' 27' LEI V, 83 ' —j I '� �40 i � 26 162'1 � 413' _ .� i 1 I 26' HOUS,_ I I N 83' i � I 200' Site Plan Transportation There are no transportation impacts as a result of the request. No additional access to 65th Street is being requested nor would it be permitted. Planning Staff Report Leicht Conditional Use Permit — Oversized Accessory Structure July 22, 2013 Page 7 of 8 Surface Water Management Any time a project creates additional impervious surface on a site, a review of related surface water management requirements for the property is implemented. It is recommended that the Ap- plicant comply with all surface water management requirements established by the City Engineer. Utilities There are no utility impacts as a result of this request. Public Hearing Notices Public hearing notices were mailed to the four property owners who are within 500 feet of the property. These notices were mailed on July 11, 2013. Summary The property is guided for low density residential and is located in the AG -2 zoning district. Addi- tional urban scale single family residential development will occur in the future around the prop- erty. The City ordinance has standard maximum square footages for each zoning district within the community. The maximum size in the AG -2 zoning district is 2,500 square feet. The City ordinance allows for oversizing of detached accessory structures by conditional use permit. The property is located within the MUSA. Properties within the MUSA are limited to a maximum over - sizing amount of 20 percent. The maximum oversizing amount for this property per ordinance would be 500 square feet. There is an existing detached accessory structure on the site that is 2,480 square feet, leaving a balance of 20 additional square feet of allotted accessory structure size. The 1,080 square foot structure was constructed without a building permit. A stop work order was issued. The Applicant responded to the stop work order and is before the Planning Commission and City Council to address issues raised by the construction of the building without a building permit. As recommended by staff, there would be 3,000 square feet of detached accessory structure storage on the site, which is three times the amount of storage allotted in other residential zoning districts. Recommendation That the Planning Commission recommends that the City Council approve a conditional use per- mit to allow a 520 square foot accessory structure in addition to the existing 2,480 square foot accessory structure located at 6192 65th Street, subject to the following conditions: 1. The maximum total detached accessory structure space on the site shall be limited to 3,000 square feet plus one tool or garden shed at 160 square feet or less in size. 2. The property owner must complete a building permit application and submit detailed con- struction plans for the new structure. A building permit must be issued by the City before construction resumes. 3. The building permit fee shall be doubled based on post- construction application. 4. The side yard setback shall be a minimum of 50 feet and the rear yard setback shall be a minimum of 75 feet. Planning Staff Report Leicht Conditional Use Permit — Oversized Accessory Structure July 22, 2013 Page 8 of 8 5. The exterior siding materials and color scheme for the accessory structure shall be similar to the color palette of the principal structure. 6. The accessory structure shall be used for personal use only; no commercial activity is permitted. 7. The Applicant shall comply with all surface water management requirements established by the City Engineer. 8. Six additional six -foot high coniferous trees shall be planted on the site to screen the new structure. Prepared by: John M. Burbank, AICP Senior Planner ATTACHMENT TO RICHARD LEICHT CONDITIONAL USE PERMIT APPLICATION A. The City's comprehensive plan allows for storage buildings in the AG -2 district. The additional building will be the same use as the existing structure, storage of personal property. No business will be conducted in either structure. B. My property is zoned AG -2. I have an existing 2,480 square foot building that is 40 feet from the east property line, 140 feet from the west property line and 200 feet from the rear property line. The building is behind the home I own. The structure I want to add is 1000 square feet and will maintain a 77 foot setback from the west property line and a 200 foot setback from the rear property line. The materials will be the same as the existing storage building. C, The building is 40 feet from the east property line, 77 feet from the west property line and 200 feet from the rear property line. There are existing trees that screen the building. I have attached nine photos with views from the adjacent property. Even before the trees leaf out, it is screened by the existing trees. The surrounding property is agricultural use, and the building will have no impact on the adjacent properties in any manner. D. I want to construct the additional building for additional storage of personal property. There will be no noise, glare, smoke, dust, odor, fumes, water pollution, vibration, unsightliness, or other nuisances. I want to keep my personal property within the buildings. There is no business use that will be conducted in the buildings. E. There will be no traffic to the property other than our current personal use. There is no change in the traffic volume that will result from the permit. F. The property is served by private utilities. There will be no change as a result of the building construction. There will be no need for any additional streets. There will be no change in the need for any police or fire protection to the property. G. There will be no cost for any additional public facilities or services. The additional building will not increase any required City services to the property. H. The site for the additional building is graded. There are no natural scenic features. The site is sufficiently separated by distance to adjacent vacant property and will not impact the adjacent property in any way. I. There are no adverse environmental effects. That area of the property is graded and, due to the distance to adjacent property lines previously described, there is no adverse impact to my property, nor will there be any impact on the adjacent property. J. Due to the distance between the building site and the property lines, there is a minimum of 77 feet to the west property line and 200 feet to the rear property line. I will accept an Interim Conditional Use Permit that would require removal of the building upon a home being built within 250 feet of my property line on adjacent property. K. If an Interim Conditional Use Permit is granted, I will agree to removal of the additional building at the time a house is built on the adjacent property, or upon construction of a road. L. Upon termination of the use, the building will be removed and the area graded back to its condition before the building. M. The use does conform to the zoning regulations. N. Until a home is built within 250 feet of my property line on adjacent property. O. There are no additional costs that would be imposed on the public as aresult of the issuance of the permit. P. The building will be constructed and will meet all code requirements, and comply with the exterior material requirements of the zoning code. Resource Name: Historic Cowell House Other Name(s): Herman House Location: 6192 65th Street Resource Classification Type: Building: House; Greek Revival Style Diagnostic Elements: L- shaped ground plan; and and one -half stories; gable roof, symmettrical fenestration; wood frame construction; clapboard siding; partial porch Inset in L; additions. Documentation: CRS #: 81 -5 HSI #: 016 Historical Abstract: c.1854 Homestead established by pioneer farmer William R. Brown. c.1862 Present house built by 0. V. Cowell. 1874 Cowell house shown in illustration In Andreas atlas. 1947 House remodeled. Notes: Otis Voss Colwell (1832 -1874) came to Washington County In 1861. He purchased a 120 acre farm in Cottage Grove In 1862; had an Interest in a lumber mill in Newport, but later devoted himself to agriculture. The existing house incorporates Brown's log cabin. The old summer kitchen was removed and a breezeway was added to connect the house and garage. The original narrow reveal clapboard was also covered over with wide- reveal lapped board siding. KO RICHARD LEICHT 6192-65 TH STREET SOUTH COTTAGE GROVE, MN 55016 651- 768 -7768 (HOME) / 612 - 860 -3804 (CELL) May 31, 2013 Mr. John Burbank City of Cottage Grove 12800 Ravine Parkway South Cottage Grove, MN 55016 Re: Conditional Use Permit Application Dear John: PERSONALLY DELIVERED I am submitting the Conditional Use Permit application, together with the application fee. I have attached to the application photos that I have taken of the property that shows the view from the adjacent land. I want to expand and build an additional building for storage of personal property. I am not doing this for conduct of any business. My property consists of approximately 1.9 acres, where I have my home. I have an existing building that is 62' x 40' (2,480 square feet) and I want to put another building adjacent to it of 1000 square feet. I am willing to do an interim Conditional Use Permit that would require if a house is built on the adjacent property within 250 feet of my property . The additional building that I want to build is 1000 square feet. The existing storage building is 40 feet from the east property line, which is the closest either of the buildings would be. The new building is 250 feet from the rear property line and 77 feet from the west property line. Both of the buildings are behind my house and are 110 feet from the front property line. I have prepared the responses to the questions in the Conditional Use Permit application which is attached. Mr. John Burbank May 31, 2013 Page Two If I can provide you with any further information or answer any questions you may have, please let me know. Very truly yours, Richard Leicht Enclosures Conditional Use Permit Application Application Fee 6192 65th Street South, Cottage Grove, MN - Google Maps Go4e https: / /maps.google.com/ Page 1 of 1 To see all the details that are visible on the screen, use the "Print" link next to the map. 6/6/2013 ATTACHMENT TO RICHARD LEICHT CONDITIONAL USE PERMIT APPLICATION A. The City's comprehensive plan allows for storage buildings in the AG -2 district. The additional building will be the same use as the existing structure, storage of personal property. No business will be conducted in either structure. B. My property is zoned AG -2. I have an existing 2,480 square foot building that is 40 feet from the east property line, 140 feet from the west property line and 200 feet from the rear property line. The building is behind the home I own. The structure I want to add is 1000 square feet and will maintain a 77 foot setback from the west property line and a 200 foot setback from the rear property line. The materials will be the same as the existing storage building. C. The building is 40 feet from the east property line, 77 feet from the west property line and 200 feet from the rear property line. There are existing trees that screen the building. I have attached nine photos with views from the adjacent property. Even before the trees leaf out, it is screened by the existing trees. The surrounding property is agricultural use, and the building will have no impact on the adjacent properties in any manner. D. I want to construct the additional building for additional storage of personal property. There will be no noise, glare, smoke, dust, odor, fumes, water pollution, vibration, unsightliness, or other nuisances. I want to keep my personal property within the buildings. There is no business use that will be conducted in the buildings. E. There will be no traffic to the property other than our current personal use. There is no change in the traffic volume that will result from the permit. F. The property is served by private utilities. There will be no change as a result of the building construction. There will be no need for any additional streets. "there will be no change in the need for any police or fire protection to the property. G. There will be no cost for any additional public facilities or services. The additional building will not increase any required City services to the property. H. The site for the additional building is graded. There are no natural scenic features. The site is sufficiently separated by distance to adjacent vacant property and will not impact the adjacent property in any way. I. There are no adverse environmental effects. That area of the property is graded and, due to the distance to adjacent property lines previously described, there is no adverse impact to my property, nor will there be any impact on the adjacent property. Due to the distance between the building site and the property lines, there is a minimum of 77 feet to the west property line and 200 feet to the rear property line. I will accept an Interim Conditional Use Permit that would require removal of the building upon a home being built within 250 feet of my property line on adjacent property. K. If an Interim Conditional Use Permit is granted, I will agree to removal of the additional building at the time a house is built on the adjacent property, or upon construction of a road. L. Upon termination of the use, the building will be removed and the area graded back to its condition before the building. M. The use does conform to the zoning regulations. N. Until a home is built within 250 feet of my property line on adjacent property. O. 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