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Home My WebLink About2013-08-14 PACKET 04.H.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 8/14/13 . . PREPARED BY: Community Development Jennifer Levitt ORIGINATING DEPARTMENT STAFF AUTHOR *******************************��*************** COUNCIL ACTION REQUEST Consider approving a variance to rear setback requirements to allow a porch addition at 8057 Jocelyn Avenue South to be 31 feet from the rear property line when 35 feet is required. STAFF RECOMMENDATION: Adopt the resolution approving the rear yard setback variance for 8057 Jocelyn Avenue South. BUDGET IMPLICATION: $N/A BUDGETED AMOUNT $N/A N/A ACTUAL AMOUNT FUNDWG SOURCE ADVISORY COMMISSION ACTION DATE � PLANNING 7/22/13 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John M. Burbank dated 8/8/13 APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved minutes of the 7/22/13 Planning Commission meeting ADMINISTRATOR'S COMMENTS - °—�.. y t � � ity Administrator Date **�*******��************�*****�***************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage � Grove � Pride andP�OSPerity Meet TO: Mayor and Members of the City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: August 8, 2013 RE: Bielke Porch — Rear Yard Setback Variance Proposal Bernard and Sue Bielke have made application for a variance to allow a porch addition at 8057 Jocelyn Avenue South to be a minimum of 31 feet from the rear property line when 35 feet is required. Location Map Background The applicants recently applied for a building permit for an enclosed porch on the back of their home. It was noted during the permit review that the current home is set back 35 feet from the rear property line, which is the minimum setback for principal structures within this zoning district. During review with the applicant it was determined that windows and other existing features of the home prohibited a redesign of the floor plan for the addition. Based on this fact and that the lot is uniquely shaped, the applicant was advised to apply for a variance. Honorable Mayor, City Council, and Ryan Schroeder Bielke Porch Rear Yard Setback Variance — Case V13-028 August 14, 2013 Page 2 of 8 Planning Commission The Planning Commission reviewed the application at their regularly scheduled meeting in July. During the public hearing, Tony Jurgens, 8054 Jody Avenue, who has the adjacent home clos- est to the proposed porch, spoke in favor of the variance request. The Planning Commission reviewed the zoning ordinance criteria and established findings of fact, and unanimously rec- ommended that the City Council approve a variance to allow a porch addition at 8057 Jocelyn Avenue South to be a minimum of 31 feet from the rear property line when 35 feet is required. Planning Considerations Land Use The property is guided for low density residential land use classification. The proposed request is in conformance with this Zoning The property is zoned R-4, Low Density Residential. The proposed request is in conformance with this zoning classification. ProperLy Characteristics The site contains a single family residence with an attached garage, a deck, an above ground pool, and a 192 square foot detached accessory structure. � -� �, � t � � �� .� ,� `� � ` � - �:` � � �` " � . _ ! � �� '� � - � � .. • � � ' � r' � � �.,, ! ! V' � � .� i �, _ .� r°�: �:��. . .� ; � .�: � t` �' � � � �� 1 � _ �. Aerial Photograph of Site Honorable Mayor, City Council, and Ryan Schroeder Bielke Porch Rear Yard Setback Variance — Case V13-028 August 14, 2013 Page 3 of 8 The Certificate of Survey for this property is shown below. This survey shows 35 feet between the existing home and the rear property line. There is a five-foot drainage and utility easement along the sides and rear property lines. �.��` A l .,�- s� ,- �s 4 � , �."e��; e • '�.. �'a. .�.� , � �°� 9 ` � y _— � t $ ` C' _ n f - .al�l��iti.� � � �' c � Y� � Q� `�� a� t / � �� -' �� ; % a� 1 L° - '� j - I I Survey Detail Proximity Review With any variance request review, analysis of the project's proximity to the surrounding adjacent uses is done. The detail below identifies the approximate distance from the center of the addition to the closest adjacent houses. Aerial View of Addition Location Honorable Mayor, City Council, and Ryan Schroeder Bielke Porch Rear Yard Setback Variance — Case V13-028 August 14, 2013 Page 4 of 8 Proposed Porch Addition The proposed 10.5-foot by 14-foot porch addition will be constructed with windows, exterior finishes, and color scheme similar to the existing residential structure. Due to the angled design of the site's rear property line, the porch setbacks at the closest will be 31 feet. �� ' �� iat � � � +� a � �. � � � � #� � � I • � � ,a � c� � ((( �� { � � � F � - ,�� a 4� � �� : _ __.__. - _ �� .� � � � {�� r� � � �� .�� ; . a�`� � q � � ,��.�� "�, $ 4 � � �� I� I� �� ,� � � � � �� f � �� ''� a��' � The Applicant submitted photos taken of various views from the proposed porch location. The home was constructed in 1991, so the trees and vegetation on this site and that of adjacent properties are of significant maturity, are well established, and will provide adequate screening of the proposed addition. These images and the related photo orientation detail are shown below. Honorable Mayor, City Council, and Ryan Schroeder Bielke Porch Rear Yard Setback Variance — Case V13-028 August 14, 2013 Page 5 of 8 ' :! , �'��r in"�'�ti" �; � � #.. �`, - ��k V4 i ,�� i ; i .. v f i:f. r�_� � �� - z .-��^- � _ �'. - � �� ' � � ��s ,� °. S �'•� K� �;~ _ { � �' + s, � � �R ' � j . �tL .� .� ,-• ' ' �''�':� i � 4� �� ' i t �'' �. � _ — - �: `��.-�: '�""'_:'. _ _5'',�'_ –;4., : x • •�. . S , �'� ��, �� ; r '�� _ 1 i } � �' '�. f � � �� I � . r, �.' . ��;I��""' � � "I�� II�"��I � _ , ' . y.,�- 7.w ,�� !� � ' ;� � J''': . t � �:' ' � -- � -- i r'�� -. _;�rr�;� � ! ` � a . C p- ° { 4� s � .- �'`.'y, - _ _,� .._. .s_ .� ?� �_ ` . ° �_Fr'�_ { 'i�_-a..�i�� ' �,�'—_. �-�m� _._ ��-- -_. __ ___._ .. ---- - - ... 6 � �' , , � I _ ��,� � � � ,-; a�1: , ; �� f F '„#� � ,� � , ,, f �� y f r � �• � . � 4 . —. .a '� ... �. l � 4` � . . . _ _�,�.._.__. �. .... { �� ' '�_'{ � .' 1 �� ",., 5 � � � 1� =�� . ,r: � � y � �� ,�� « 44�� ._ y � ! �. � � � • F k � ' � _ r _, j " �: .. �.. _ � �� L ' � , 1 �er r : — .� �' �� •�� S � .. — . '-. .._ . . . .. � .. �� : I _ ' 1 '� �': � - - - �`, .h'r .; ,�, � ; Y � . �� _ ,��..�. Honorable Mayor, City Council, and Ryan Schroeder Bielke Porch Rear Yard Setback Variance — Case V13-028 August 14, 2013 Page 6 of 8 The following photos were obtained by staff during a site visit: Backyard view — parallel back of house View of rear yard vegetation/screening — back of house Honorable Mayor, City Council, and Ryan Schroeder Bielke Porch Rear Yard Setback Variance — Case V13-028 August 14, 2013 Page 7 of 8 The green lines below indicate the general location of the proposed addition envelope. The existing window will be replaced with a door and the roof pitch will tie into the existing rooflines. � "— � — �t . `�* �` .� �� _ . 1 � � `, ' . . : --� 1 �� ', _ .. 3 _ . i. _ t �� — _ �°� _-�...__ — -- � . � �^"'+w-.. . I _ "��.��.� _`.._. ._.� -�1'__ �F�..K r '� -�� _ -. � Y � 41 � �.��-� . r : .�4 � f �� . ! f,�� fi� ` �,� 4 � ' � � , �r�* 4�`�,ta i '` r '.i _ �- ` `�§�'.�`t � ��`��'�`� � � 'Y �l � �"� ri � 4:.7 r� t ',' rt5 t F 4 ,,. � -� P� �� r c .�' t�;�' ' : , : � � rij 1 � 3, t f ` 1 '� �� -' -� A � � �_ .-�.. � �� I r �_ � �_ __ ' ,� � "C � � � , E - - � �� , � ' `�'� , � � ^`^-c^ y �-- � -. -- .. � ---- - -- - —. � �p � � � — �,�—_. _..�„ .� r � � :� � 'st �� 1.� ''-� T` �*-: `? "r. . _� + ' '' : t � Y , � w� ,'• .'`��7: .. � .., � ��,s k' _ ...� r � -_� - 'y I r I� 1 �'�I �' �� ` �� I �� i i a � � •l, � V tll%t%@S All the public utilities exist and provide adequate service to this property and all other residential properties in this neighborhood. No public utilities need to be relocated or modified to accommodate the applicant's proposed addition. Variance Criteria The City Council may grant variances from the strict application of the zoning ordinance and can impose conditions and safeguards on the variance. Under the new variance law that went into effect on May 6, 2011, the City should adopt findings addressing the following questions: • Is the variance in harmony with the purposes and intent of the ordinance? • Is the variance consistent with the comprehensive plan? • Does the proposal put property to use in a reasonable manner? • Are there unique circumstances to the property not created by the landowner? • Will the variance, if granted, alter the essential character of the locality? Public Hearing Notices Public hearing notices were mailed to 70 property owners who are within 500 feet of the property. These notices were mailed on July 11, 2013. Honorable Mayor, City Council, and Ryan Schroeder Bielke Porch Rear Yard Setback Variance — Case V13-028 August 14, 2013 Page 8 of 8 Findin_qs of Fact: The Planning Commission established the following six findings of fact related to the variance request. A. The lot is uniquely shaped. B. The exterior building materials, design, and color scheme for the proposed attached porch addition will match the existing principal structure. C. The proposed addition is in harmony with the existing principal structure and other residential structures in this neighborhood. D. The trees and vegetation on this site and that of adjacent properties provide adequate screening. E. The proposal is consistent with the property's reasonable use, will enhance the property's value, and is similar to the essential character of the existing house. F. The addition does not impact or compromise any existing drainage or utility easements placed on the property. Recommendation That the City Council adopt a resolution approving the application to allow a porch addition at 8057 Jocelyn Avenue South to be a minimum of 31 feet from the rear property line when 35 feet is required, based on six findings of fact and subject to the conditions stipulated in the attached draft resolution. RESOLUTION NO. 2013-XXX A RESOLUTION GRANTING A VARIANCE TO REDUCE THE REQUIRED 35-FOOT REAR YARD SETBACK TO 31 FEET TO ALLOW CONSTRUCTION OF A PORCH ADDITION AT 8057 JOCELYN AVENUE SOUTH WHEREAS, Bernard and Sue Bielke 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 31 feet to allow construction of a porch addition on property legally described as: Lot 16, Block 1, Eightieth Place Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 8057 Jocelyn Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at their meeting on July 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 (7-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. 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 31 feet to allow construction of a porch addition on the property legally described above. Granting this variance is based upon the following findings of fact: A. The lot is uniquely shaped. B. The exterior building materials, design, and color scheme for the proposed attached porch addition will match the existing principal structure. Resolution No. 2013-XXX Page 2 of 2 C. The proposed addition is in harmony with the existing principal structure and other residential structures in this neighborhood. D. The trees and vegetation on this site and that of adjacent properties provide adequate screening. E. The proposal is consistent with the property's reasonable use, will enhance the property's value, and is similar to the essential character of the existing house. F. The addition does not impact or compromise any existing drainage or utility easements placed on the property. BE IT FURTHER RESOLVED, the recommendation for approval of the variance is subject to the following conditions: 1. The applicant must complete a building permit application and a building permit must be issued by the City's Building Inspections Division before construction of the addition can begin. 2. The applicant shall complete the project in a timely manner. 3. Dust and erosion must be controlled in accordance with best construction methods. 4. The exterior materials and color scheme of the proposed attached porch addition must match the existing principal structure. Passed this 14th day of August 2013. Myron Bailey, Mayor Attest: Caron Stransky, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING COMMISSION MEETING ON JULY 22, 2013 6.2 Bielke Porch Addition — Case V13-028 Bernard and Sue Bielke have applied for a variance to rear setback requirements to allow a porch addition to be 31 feet from the rear property line when 35 feet is required at 8057 Jocelyn Avenue South. Burbank 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. Tony Jurgens, 8054 Jody Avenue South, stated that his property is adjacent to the applicant's and he supports the variance application. He noted that his property is the closest lot to the proposed structure. No one e/se spoke. Rostad c/osed the public hearing. Brittain made a motion to recommend approval of the rear yard setback variance based on the findings of fact and subject to the conditions listed be/ow. Johnson seconded. Findin_qs of Fact: A. The lot is uniguely shaped. B. The exterior building materials, design, and color scheme for the proposed attached porch addition will match the existinq principal structure. C. The proposed addition is in harmony with the existing principal structure and other residential sfructures in this neighborhood. D. The trees and vegetation on this site and that of adjacent properties provide adequate screening. E. The proposal is consistent with the property's reasonable use, will enhance the property's value, and is similar to the essential character of the existing house. F. The addition does not impact or compromise any exisfing drainage or utility easements placed on the property. Conditions of Approval: 1. The applicant musf complete a building permit application and a building permit must be issued by the City's Building Inspections Division before consfruction of the addition can begin. 2. The applicant shall complete the project in a timely manner. 3. Dust and erosion must be controlled in accordance with best construction methods. 4. The exferior materials and color scheme of the proposed attached porch addition must match the existing principal structure. Motion passed unanimously (7-to-0 vote).