HomeMy WebLinkAbout2013-10-02 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGEND
MEETING ITEM #
DATE 10/2/13
.
PREPARED BY: Community Development Jennifer Levitt
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST
1) Consider approving a variance to allow for a 1,080 square foot detached accessory structure at
6192 65th Street as a conditional use.
2) Consider approving a conditional use permit allowing oversized accessory structures at 6192
65th Street, which is within the Metropolitan Urban Service Area (MUSA):
Option #1: If Council denies the variance, consider approving the CUP to allow for a 520
square foot accessory structure in addition to the existing 2,480 square foot accessory
structure.
Option #2: If Council approves the variance, consider approving the CUP to allow for a
1,080 square foot accessory structure in addition to the existing 2,480 square foot
accessory structure.
STAFF RECOMMENDATION
1) Approve the variance to allow for a 1,080 square foot detached accessory structure as a
conditional use.
2) Approve Option #2, the conditional use permit to allow for a 1,080 square foot accessory
structure in addition to the existing 2,480 square accessory structure.
ADVISORY COMMISSION ACTION
►1 - •
DATE REVIEWED APPROVED DENIED
7/22 & 8/26 ❑ � ❑
SUPPORTING DOCUMENTS
� MEMO/LETTER: Variance Memo from John M. Burbank dated 9/24/13
CUP Memo from John M. Burbank dated 9/24/13
� RESOLUTION: Draft: Approve Variance, Approve CUP for 520 sq. ft.,
Approve CUP for 1,080 sq. ft.
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Excerpt from 7/22/13 & 8/26/13 Planning Commission meeting minutes
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City ministrator D te
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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: September 24, 2013
RE: Leicht Variance Oversized Accessory Structure
Introduction
Richard Leicht has made application for a variance from City Code Title 11-3-3E to allow for a
1,080 square foot detached accessory structure to be constructed as a conditional use within
the Metropolitan Urban Service Area (MUSA), which is in excess of the 20 percent maximum
size increase permitted by the City Code.
The applicant is requesting that a 1,080 square foot detached accessory that was previously
constructed on the site without a building permit be allowed to remain via the requested va-
riance and conditional use permit (Case CUP13-023). This would be in addition to an existing
2,480 square foot accessory structure that was constructed in 2003 with a building permit.
The property is located at 6192 65th Street South.
Background
The applicant was before the Planning Commission at their regular meeting on July 22, 2013,
and the City Council on August 14, 2013. The Commission recommended approval of a condi-
tional use permit for an additional 520 square feet, which is in conformance with the staff rec-
ommendation that was derived from the ordinance criteria that accessory structures within the
MUSA can be conditionally expanded by 20 percent within the MUSA.
Location Map
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — V13-030
September 24, 2013
Page 2 of 5
At their meeting, the City Council discussed the Planning Commission's recommendation with
the applicant and staff. The applicant requested that the building be permitted as constructed at
1,080 square feet versus the recommended 520 additional square feet, subject to removal of the
building triggered by additional residential development on properties adjacent to the applicants'
property. The applicant concurred with the continuation of the application to allow City staff and
the City Attorney time to review options in which to properly proceed with the applicant's
request.
The recommended course of action was processing a post-construction variance application,
which includes an application fee of $800, the requirement that a restrictive covenant be rec-
orded regarding the triggered removal of the structure and the posting of a financial guarantee
to ensure the future removal. The Building staff recommended that the financial guarantee
amount to ensure the future removal of the structure be $4,000. The restrictive covenant and
escrow were recommended by the City Attorney as the means in which the City can guarantee
the removal of the structure when the appropriate trigger has been met. The draft restrictive
covenant is attached to this report and includes the platting of the land adjacent to the
applicants' property into developable lots as the trigger for removal of the building.
The applicant has reviewed and signed the covenant, anticipating a favorable Council action to
the variance request and conditional use permit application.
Site Details
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Proposed Accessory Structure Site Detail Air Photograph — Existing Site Plan
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — V13-030
September 24, 2013
Page 3 of 5
Planning Commission
The Planning Commission reviewed the application at their regular meeting on September 23.
No one spoke in favor or against the application. The Commission unanimously approved a mo-
tion to recommend that the City Council approve a variance from City Code Title 11-3-3E to
allow for a 1,080 square foot detached accessory structure at 6192 65th Street as a conditional
use, based on the established findings of fact and subject to conditions.
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 September 11, 2013.
Planning Considerations
Please refer to the attached City Council memorandum from the meeting on August 14, 2013,
for detailed information on the history of the existing structure and the site characteristics.
Non-Permitted Structure
Ordinance Criteria — Variance
The variance request from City Code Title 11-3-3E is to allow a 1,080 square foot detached ac-
cessory structure to be constructed as a conditional use within the Metropolitan Urban Service
Area (MUSA), which is in excess of the 20 percent maximum size increase permitted by the
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — V13-030
September 24, 2013
Page 4 of 5
Code. The granting of the requested variance is independent of the action taken by the Com-
mission in relation to the conditional use permit (Planning Case CUP13-023) in July. A favorable
recommendation of a variance would enable the City Council to allow a size increase up to
1,080 square feet for the requested conditional use permit instead of the allowed 520 square
feet. The applicant's response to the ordinance criteria is attached to this report. The stafF
recommendation for Case CUP13-023 includes two actionable items that are dependent on the
action taken in this case.
The Planning Commission and City Council may recommend a variance from the strict applica-
tion of the provision 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.
A public hearing on the variance application was held by the Planning Commission prior to the
Commission making a recommendation to the Council. No one spoke at the hearing.
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
property.
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 ordin-
ance 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
oversizing amount of 20 percent. The maximum oversizing amount for this property per ordin-
ance 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 Com-
mission and City Council to address issues raised by the construction of the building without a
building permit.
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — V13-030
September 24, 2013
Page 5 of 5
At the August 14 City Council meeting, the applicant requested that he be permitted to maintain
the 1,080 square feet of detached accessory structure that is already constructed. At the
Council meeting, the City Council continued the conditional use permit review and requested
that City staff and the City Attorney review how to properly proceed with the applicant's request.
The recommended course of action from Staff and the City Attorney was to process a post-con-
struction variance application that includes a requirement that a restrictive covenant be recorded
regarding the triggered removal of the structure by residential development on adjacent
properties and that a financial guarantee is posted to ensure the future removal. Building
Division staff recommends that the financial guarantee amount required to ensure the future
removal of the structure be $4,000.
The granting of the requested variance would allow for a total of 3,560 square feet of detached
accessory structure storage on the site, which is three times the amount of storage allotted in
other residential zoning districts located within the MUSA.
The favorable recommendation of a variance from the Commission enables the City Council to
allow for a size increase of up to 1,080 square feet for the requested conditional use permit
instead of the 520 square feet allowed.
Recommendation
That the City Council approve a variance from City Code Title 11-3-3E to allow for a 1,080
square foot detached accessory structure at 6192 65th Street as a conditional use, based on the
findings of fact and subject to conditions listed in the draft resolution.
RESOLUTION NO. 2013-XXX
A RESOLUTION GRANTING A VARIANCE FROM CITY CODE TITLE 11-3-3E
TO ALLOW FOR A 1,080 SQUARE FOOT DETACHED ACCESSORY
STRUCTURE AT 6192 65TH STREET AS A CONDITIONAL USE
WHEREAS, Richard Leitch applied for a variance to City Code Title 11-3-3E, Accessory
Structures Miscellaneous Requirements, to allow for a 1,080 square foot detached accessory
structure to be constructed as a conditional use within the Metropolitan Urban Service Area
(MUSA), which is in excess of the 20 percent maximum size increase permitted by City Code,
on property legally described as:
PT SW1/4-NW1/4 COMMENCE AT SOUTHWEST CORNER OF SAID SW1/4 OF
NW1/4 THENCE EAST ON SOUTH LINE OF SD SW1/4 OF NW1/4 742.2 FT TO
PT OF BEG THENCE NORTH 01 DEG. 15' EAST 413.5 FT TO IRON STAKE
TNENCE EAST PAR TO SD SOUTH LINE 200 FT TO AN IRON STAKE THENCE
SOUTH 01 DEG. 15' WEST 413.5 FT TO SD SOUTH LINE THENCE WEST 200
FEET TO POB EXCEPT TO HIGHWAY Section 06 Township 027 Range 021
Commonly known as 6192 65th Street South, Cottage Grove, Washington County,
State of Minnesota.
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, 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 established by the
Zoning Ordinance for granting a variance; and
WHEREAS, the Planning Commission reviewed this application at their meeting on
September 23, 2013, and approved the findings of fact related to the granting of the requested
variance; 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 11-3-3E,
Accessory Structures Miscellaneous Requirements, to allow for a 1,080 square foot detached
accessory structure to be constructed as a conditional use within the Metropolitan Urban
Service Area (MUSA), which is in excess of the 20 percent maximum size increase permitted
Resolution No. 2013-XXX
Page 2 of 3
by City Code on the property legally described above. Granting this variance is based upon the
following findings of fact:
A. The property, while located within the MUSA, is not surrounded by any residential
development and is consistent and harmonious with similar properties located
outside of the MUSA. In addition, there currently are no public utilities installed
adjacent to the applicant's property.
B. A variety of different sized detached accessory structures are permitted as
accessory uses to properties guided for residential within the City's comprehensive
plan.
C. The proposal puts the property to a reasonable use.
D. The property is guided for Low Density Residential but is zoned AG-2, Agricultural,
and this unique circumstance to the property was not created by the landowner.
E. The location of the single-family residential property in an undeveloped staging area
surrounded by dense vegetation is unique to other properties within the same zoning
classification.
F. The related fees and financial guarantee related to the variance process and
requested conditional use permit actually increase the financial burden to the
applicant to continue the proposed use.
G. The recommended structure removal condition will ensure that the public welfare or
improvements and future residential development adjacent to the use will not be
negatively impacted or injurious to other land.
H. 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.
BE IT FURTHER RESOLVED, the recommendation for approval of the variance is
subject to the following conditions:
1. The Applicant signs a restrictive covenant regarding the conditions for removal of
the structure and pay for the recording of the document with Washington County.
2. The Applicant post a$4,000.00 financial guarantee to ensure the future removal
of the structure as detailed in the restrictive covenant.
3. The maximum total detached accessory structure space on the site shall be
limited to 3,560 square feet plus one tool or garden shed at 160 square feet or
less in size.
Resolution No. 2013-XXX
Page 3 of 3
4. The property owner must complete a building permit application and submit
detailed construction plans for the new structure. A building permit must be
issued by the City before construction resumes.
5. The building permit fee shall be doubled based on post-construction application.
6. The side yard setback shall be a minimum of 50 feet and the rear yard setback
shall be a minimum of 75 feet.
7. The exterior siding materials and color scheme for the accessory structure shall
be similar to the color palette of the principal structure.
8. The accessory structure shall be used for personal use only; no commercial
activity is permitted.
9. The Applicant shall comply with all surFace water management requirements
established by the City Engineer.
10. Six additional six-foot high coniferous trees shall be planted on the site to screen
the new structure.
Passed this 2nd day of October 2013.
Myron Bailey, Mayor
Attest:
Caron Stransky, City Clerk
DECLARATION OF RESTRICTIVE COVENANTS
RECITALS:
WHEREAS, Richard and Allison Leicht ("Owner") are the fee owners of certain real
property located in Washington County, Minnesota, as described herein (the "Property"); and
W�IEREAS, the Owner has applied to the City of Cottage Grove ("City") for a
Conditional Use Permit ("CUP") for an oversized Accessory Structure and a Variance to allow
for an additional 1,080 square feet for the Accessory Structure; and
NOW, THEREFORE, the City is willing to grant the CUP and Variance under certain
terms and conditions, including that the Owner makes the following declai•ations as to
limitations, restrictions and uses to which the Property may be put, and specifies that such
declarations shall constitute covenants to run with the Property as provided by law and shall be
binding on the Owner, its successors or assigns, all present or future owners of the Property, and
all parties who now or hereafter have or hold any right, title or interest in the Property:
1. Definitions.
a. As used herein, "Owner" means Richard and Allison Leicht, which is the grantor
of the rights and covenants created in this Declaration, and includes the Owner's
successors and assigns, and all present and future owners of the Property:
b. As used herein, "Propei�ty" means the real property owned by the Owner located
at 6192 65 Street South, Cottage Grove, in Washington County, State of
Minnesota, shown on E�ibit 1 hereto and legally described as follows:
1
PT SW1/4-NW1/4 COMMENCE AT SOUTHWEST CORNER OF SAID
SW1/4 OF NW1/4 THENCE EAST ON SOUTH LINE OF SD SWl/4 OF
NW1/4 742.2 FT TO POINT OF BEGINNING THENCE NORTH O1
DEG. 15' EAST 413.5 FT TO IRON STAKE THENCE EAST PAR TO
SD SOUTH L1NE 200 FT TO AN IRON STAKE THENCE SOUTH O1
DEG. 15' WEST 413.5 FT TO SD SOUTH LINE THENCE WEST 200
FEET TO POINT OF BEGINNING EXCEPT TO HIGHWAY
SECTION 06 TOWNSHIP 027 RANGE 021
PID 0602121230001
c. As used herein, "Adjacent Property" means the real property owned by Posavad
Family LP, generally located north of 65 Street South, Cottage Grove, East of
Century Avenue, Cottage Grove, south of Lynn Way, Woodbury, and West of
Highland Hills Boulevard, Cottage Grove, in Washington County, State of
Minnesota, shown on Exhibit 2 hereto and legally described as follows:
N1/2-NW1/4; SW1/4-NW1/4; W1/2 SE1/4-NW1/4 EXC THEREFROM
THAT PT SD SW1/4-NW 1/4 DESC AS FOLL: COM AT SW COR SD
SWl/4-NW1/4; THN E ON S LN SD SW1/4-NWl/4 742.2FT TO POB;
THN N1DEG15B 413.SFT TO IRON STAKE; THN E PARL TO SD S
LN 200FT TO IRON STAKE; THN S1 DEG15'W 413.SFT TO SD S LN
THN W 200FT TO POINT OF BEGINNING
SECTION 06 TOWNSHIP 027 RANGE 021
PID 0602721240002
d. As used herein, "Accessory Structure" means the structure that is approved by
City Council Resolutions and , on October _
, 2013, which approved the CUP and Variance, respectively.
e. As used herein, `Bscrow Account" means the $4,000 financial guarantee that the
Owner posted with the City when the CUP and Variance were approved.
2. Use Restrictions. Subject to the tei�ns and conditions of this Declaration and the
reservation and covenants contained herein, the Owner hereby declares and imposes
the following restrictions ("Restrictions") on the Property:
a. The Owner shall only use the Accessory Structure for storage of the Owner's
personal property as it relates to the pz•incipal use of the Pt•operty for single-family
residential.
b. The Owner shall not use the Accessory Structure for business activities or for
storage of business-related activities.
2
c. If any of the Adjacent Property is platted into developable residential lots, then
the Owner shall be required to remove the Accessory Structure. Such removal
shall be completed within 45 days of the City's appi•oval of the plat for the
Adjacent Property. If the Owner removes the Accessory Structure within the
timeframe stated herein, or any extension thereof granted by the City in writing,
then the City shall refund the Escrow Account to the Owner.
d. If the Owner fails to remove the Accessory Structure within the timeframe stated
above, or any extension thereof granted by the City in writing, then the City shall
have the authority to enter onto the Property and remove the Accessory Structure.
The City shall recover all costs of such removal fi•om the Escrow Account. Any
balance in the Escrow Account following the reduction of all costs of such
removal shall be returned to the Owner. If the costs to remove the Accessory
Structure exceed the amount in the Escrow Account, Owner shall be responsible
for paying any deficiency. Costs of removal may include, but are not limited to
City Staff time, subcontractor expenses, disposal fees and attorney's fees. If the
City is able to recover any value fi•om salvaging or selling the Accessory
Structure, such salvage value shall be used to offset the costs of removal.
3. Covenants. The Owner hereby covenants that the Property shall not be held,
transferred, sold, conveyed, occupied, altered, or used in violation of the Restrictions
set forth in Section 2.
4. Running of Benefits and Burdens. The Restrictions declared and the rights and
interest granted under this Declaration shall run with the Property and bind the
Ownei•, its successors or assigns, all present or future owners of the Property, and all
parties who now oi• hereafter have or hold any right, title or interest in or to the
Proper
5. Notice. Any notice to be given by one party hereto shall be personally delivered, sent
by facsimile transmission, or registered or certified mail, and shall be deemed given
upon the earlier of the date postmarked, confiimation of the facsimile transmission,
personal delivery, or the refusal to accept such service.
6. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Minnesota.
7. Reservations. Nothing contained in this Declaration shall in any way pi•ohibit,
restrict, or limit Owner, from fully conveying, transfei occupying or using the
Property for all putposes not inconsistent with the Restrictions.
8. Duration; Amendment. This Declaration and the covenants, grants and Restrictions
herein are unlimited in duration unless terminated by statute, released and/or amended
with the written consent of the City.
3
9. Grant and Conveyance to City: Right of Entry. Subject to the terms and
conditions of this Declaration, the Owner grants and conveys to the City and its
successors such rights and interest in the Property as are necessary and convenient to
enforce the Restrictions set for in Section 2 of this Declaration, to enter from time
to time upon the Property to inspect the Property, to verify compliance with the
Restrictions and to remove the Accessory Structure if the Owner fails to do so.
10. Disclosures. The Restrictions set forth in Section 2 of this Declaration shall be
incorporated in full or by reference into all instr•uments conveying an interest in
and/or a right to use the Property (e.g., easements, mortgages, leases).
11. Amendment. This Agreement may be modified or amended only by written
instrument executed by Owner and City.
In Witness Whereof, this instrument has been executed on this day of , 2013.
CITY OF COTTAGE GROVE
By
Myron Bailey
Its: Mayor
By
Caron Stranksy
Its: City Clerk
State of Minnesota )
) SS.
County of Washington )
The foregoing instrument was acknowledged before me this day of
, 2013, by Myron Bailey and Caron Stransky, the Mayor and City
Clerk, respectively, of the City of Cottage Grove, a Minnesota municipal coiporation and
political subdivision organized and existing under the Constitution and laws of Minnesota, on
behalf of the City.
Notary Public
C!
OWNERS
By
Richar•d Leicht
By
Allison Leicht
State of Minnesota
County of Washington
)
) SS.
)
The foregoing instrument was acknowledged before me this
2013, by Richard Leicht and Allison Leicht, mai7ied persons.
Notary Public
THIS INSTRIJMENT WAS DRAFTED BY:
Korine L. Land
LeVander, Gillen & Miller, P.A.
633 South Concord St. Suite 400
South St. Paul, MN 55075
651-451-183 l
day of ,
AFTER RECORDING RETL)RN TO:
City of Cottage Grove
Attn: City Administrator
12800 Ravine Parkway SW
Cottage Grove, MN 55016
EXHIBIT 1
The "Property" Site Detail
EXHIBIT 2
The "Adjacent Property" Site Detail
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Cottage
J Grove
� Pride and P�OSPerity Meet
TO: Mayor and Members of the City Council
Ryan Schroeder, City Administrator
FROM: John M. Burbank, Senior Planner
DATE: September 24, 2013
RE: Conditional Use Permit for Oversized Accessory Structure
Introduction
At the August 14, 2013, regular City Council meeting, the Council unanimously voted to con-
tinue the application for a conditional use permit application to allow an oversized accessory
structure at 6192 65th Street until the Council's September 4 meeting. This action was taken to
allow the applicant the opportunity to decide how he wanted to respond to the available options
that were presented at the Council meeting. The review was subsequently continued at the
September 4 meeting until the first regular Council meeting in October. Please refer to the
attached City Council memorandum from the regular meeting on August 14, 2013, for detailed
information on the history of the existing structure and the site characteristics.
Planning Considerations
The course of action recommended was processing a post-construction variance application,
which includes an application fee of $800; the requirement that a restrictive covenant be rec-
orded against the property regarding the triggered removal of the structure; and the posting of
a financial guarantee to ensure the future removal.
After discussions with staff, the applicant opted to apply for a variance to allow for an additional
1,080 square feet of accessory structure within the MUSA in conjunction with the established
conditional use permit process related to oversize accessory structures. The Planning Com-
mission reviewed and recommended approval of the variance application at their September
23, meeting (Planning Case V013-030). The Commission's recommendation of approval in-
cluded the requirements that a restrictive covenant be recorded against the property for the
triggered removal of the structure and the posting of a financial guarantee to ensure the future
removal.
The favorable recommendation for a variance from the Planning Commission enables the City
Council the option of allowing a size increase of up to 1,080 square feet for the requested con-
ditional use permit instead of the maximum 520 square feet that is allowed on this property
with a conditional use permit. Granting the requested variance would allow for a total of 3,560
square feet of detached accessory structure storage on the site. The new conditions regarding
the restrictive covenant and posting of a financial guarantee have been added to the draft res-
olution (Option #2) that approves an additional 1,080 square feet for accessory structures.
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — CUP13-023
October 2, 2013
Page 2 of 2
Recommendation
The action taken on the conditional use permit (Planning Case CUP13-023) is dependent on
the action taken by the City Council on the variance application (Planning Case V13-030).
Based on this interdependency, the staff recommendation in this report includes two options:
Option 1
If the City Council denies the variance request, the recommendation would be that the Council
adopts a resolution approving a conditional use permit to allow for 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 conditions stipulated in the attached first draft resolution (Option #1).
Option 2
If the City Council approves the variance request, the recommendation would be for the
Council to adopt a resolution approving a conditional use permit to allow for a 1,080 square
foot accessory structure in addition to the existing 2,480 square foot accessory structure
located at 6192 65th Street, subject to the conditions stipulated in the attached draft resolution
(Option #2).
Option #1
RESOLUTION NO. 2013-XXX
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 520 SQUARE
FOOT ACCESSORY STRUCTURE IN ADDITION TO THE EXISTING 2,480 SQUARE FOOT
ACCESSORY STRUCTURE LOCATED AT 6192 65TH STREET SOUTH
WHEREAS, Richard Leicht has applied for a conditional use permit to allow a 1,080
square foot accessory structure in addition to the existing 2,480 square foot accessory
structure, on property legally described as:
PT SW1/4-NW1/4 COMMENCE AT SOUTHWEST CORNER OF SAID SW1/4 OF
NW1/4 THENCE EAST ON SOUTH LINE OF SD SW1/4 OF NW1/4 742.2 FT TO
PT OF BEG THENCE NORTH 01 DEG. 15' EAST 413.5 FT TO IRON STAKE
THENCE EAST PAR TO SD SOUTH LINE 200 FT TO AN IRON STAKE THENCE
SOUTH 01 DEG. 15' WEST 413.5 FT TO SD SOUTH LINE THENCE WEST 200
FEET TO POB EXCEPT TO HIGHWAY Section 06 Township 027 Range 021
Commonly known as 6192 65th Street South, Cottage Grove, Washington County,
State of Minnesota.
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 Planning Commission held a public hearing on July 22, 2013; and
WHEREAS, a planning staff report, which detailed specific information on the property and
the application request was prepared and presented; and
WHEREAS, it was identified in the staff report that the maximum additional square footage
allowed for an accessory structure on this site by conditional use permit is 520 square feet; and
WHEREAS, the public hearing was open for public testimony. The applicant attended
the public hearing. No written or oral testimony was received; and
WHEREAS, the Planning Commission unanimously (7-to-0 vote) recommended approval
of allowing a 520 square foot accessory structure in addition to the existing 2,480 square
accessory structure, for a total of 3,000 square feet of accessory structures on the property, which
is the maximum allowed for properties within the Metropolitan Urban Service Area (MUSA),
subject to certain conditions listed below; and
WHEREAS, the City Council reviewed the application at their meeting on August 14, 2013,
and the applicant requested that the Council approve a larger addition than recommended by the
Planning Commission; and
WHEREAS, the City Council unanimously voted to continue the application to allow the
applicant the opportunity to decide how to respond to the available options including applying for
Resolution No. 2013-XXX
Page 2 of 3
a variance to allow an additional 1,080 square feet of accessory structure in conjunction with the
conditional use permit; and
WHEREAS, the applicant submitted a variance application to allow an additional 1,080
square feet of accessory structures within the MUSA in conjunction with a conditional use permit
for oversize accessory structure; 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 Planning Commission held a public hearing on the variance application on
September 23, 2013; and
WHEREAS, a planning staff report, which detailed specific information on the property and
the application request was prepared and presented; and
WHEREAS, the public hearing was open for public testimony. The applicant attended
the public hearing. No written or oral testimony was received; and
WHEREAS, the Planning Commission unanimously (7-to-0 vote) recommended approval
of the variance to allow a 1,080 square foot accessory structure in addition to the existing 2,480
square accessory structure, for a total of 3,560 square feet of accessory structures on the
property, subject to conditions; and
WHEREAS, the City Council voted to deny the variance application to allow an additional
1,080 square feet of accessory structure in addition to the existing 2,480 square foot accessory
structure on the property.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby approves the conditional use permit to allow a 520
square foot accessory structure in addition to the existing 2,480 square foot accessory
structure, located on the property legally described above, subject to the following conditions:
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 submil
detailed construction 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.
5. The exterior siding materials and color scheme for the accessory structure shall be
similar to the color palette of the principal structure.
Resolution No. 2013-XXX
Page 3 of 3
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.
Passed this 2nd day of October 2013.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
Option #2
RESOLUTION NO. 2013-XXX
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW A 1,080
SQUARE FOOT ACCESSORY STRUCTURE IN ADDITION TO THE EXISTING 2,480
SQUARE FOOT ACCESSORY STRUCTURE LOCATED AT 6192 65TH STREET SOUTH
WHEREAS, Richard Leicht has applied for a conditional use permit to allow a 1,080
square foot accessory structure in addition to the existing 2,480 square foot accessory
structure, on property legally described as:
PT SW1/4-NW1/4 COMMENCE AT SOUTHWEST CORNER OF SAID SW1/4 OF
NW1/4 THENCE EAST ON SOUTH LINE OF SD SW1/4 OF NW1/4 742.2 FT TO
PT OF BEG THENCE NORTH 01 DEG. 15' EAST 413.5 FT TO IRON STAKE
THENCE EAST PAR TO SD SOUTH LINE 200 FT TO AN IRON STAKE THENCE
SOUTH 01 DEG. 15' WEST 413.5 FT TO SD SOUTH LINE THENCE WEST 200
FEET TO POB EXCEPT TO HIGHWAY Section 06 Township 027 Range 021
Commonly known as 6192 65th Street South, Cottage Grove, Washington County,
State of Minnesota.
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 Planning Commission held a public hearing on July 22, 2013; and
WHEREAS, a planning staff report, which detailed specific information on the property and
the application request was prepared and presented; and
WHEREAS, it was identified in the staff report that the maximum additional square footage
allowed for an accessory structure on this site by conditional use permit is 520 square feet; and
WHEREAS, the public hearing was open for public testimony. The applicant attended
the public hearing. No written or oral testimony was received; and
WHEREAS, the Planning Commission unanimously (7-to-0 vote) recommended approval
of allowing a 520 square foot accessory structure in addition to the existing 2,480 square
accessory structure, for a total of 3,000 square feet of accessory structures on the property, which
is the maximum allowed for properties within the Metropolitan Urban Service Area (MUSA),
subject to certain conditions listed below; and
WHEREAS, the City Council reviewed the application at their meeting on August 14, 2013,
and the applicant requested that the Council approve a larger addition than recommended by the
Planning Commission; and
WHEREAS, the City Council unanimously voted to continue the application to allow the
applicant the opportunity to decide how to respond to the available options including applying for
Resolution No. 2013-XXX
Page 2 of 3
a variance to allow an additional 1,080 square feet of accessory structure in conjunction with the
conditional use permit; and
WHEREAS, the applicant submitted a variance application to allow an additional 1,080
square feet of accessory structures within the MUSA in conjunction with a conditional use permit
for oversize accessory structure; 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 Planning Commission held a public hearing on the variance application on
September 23, 2013; and
WHEREAS, a planning staff report, which detailed specific information on the property and
the application request was prepared and presented; and
WHEREAS, the public hearing was open for public testimony. The applicant attended
the public hearing. No written or oral testimony was received; and
WHEREAS, the Planning Commission unanimously (7-to-0 vote) recommended approval
of the variance to allow a 1,080 square foot accessory structure in addition to the existing 2,480
square accessory structure, for a total of 3,560 square feet of accessory structures on the
property, subject to conditions; and
WHEREAS, the City Council voted to approve the variance application to allow an
additional 1,080 square feet of accessory structure in addition to the existing 2,480 square foot
accessory structure on the property.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby approves the conditional use permit to allow a 1,080
square foot accessory structure in addition to the existing 2,480 square foot accessory
structure, located on the property legally described above, subject to the following conditions:
, 1. The Applicant signs a restrictive covenant regarding the conditions for removal of
th� structure and pay for the recording of the document with Washington County.
2. The Applicant post a$4,000.00 financial guarantee to ensure the future removal
of the structure as detailed in the restrictive covenant.
3. The maximum total detached accessory structure space on the site shall be limited
to 3,560 square feet plus one tool or garden shed at 160 square feet or less in size.
4. The property owner must complete a building permit application and submit
detailed construction plans for the new structure. A building permit must be issued
by the City before construction resumes.
5. The building permit fee shall be doubled based on post-construction application.
Resolution No. 2013-XXX
Page 3 of 3
6. The side yard setback shall be a minimum of 50 feet and the rear yard setback
shall be a minimum of 75 feet.
7. The exterior siding materials and color scheme for the accessory structure shall be
similar to the color palette of the principal structure.
8. The accessory structure shall be used for personal use only; no commercial activity
is permitted.
9. The Applicant shall comply with all surFace water management requirements
established by the City Engineer.
10. Six additional six-foot high coniferous trees shall be planted on the site to screen
the new structure.
Passed this 2nd day of October 2013.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
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 conditional use permit to allow a 520 square foot accessory structure in
addition to the existing 2,480 square foot accessory structure located at 6192 65th Street.
STAFF RECOMMENDATION
Adopt the resolution approving the conditional use permit allowing a 520 square foot accessory
structure at 6192 65th Street South.
BUDGET IMPLICATION: $N/A
BUDGETED AMOUNT
ADVISORY COMMISSION ACTION
� PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECONOMIC DEV. AUTHORITY
❑
SUPPORTING DOCUMENTS:
DATE
7/22/13
$N/A N/A
ACTUAL AMOUNT FUNDING SOURCE
REVIEWED
❑
❑
❑
❑
❑
❑
❑
APPROVED
�
❑
❑
❑
❑
❑
❑
DENIED
❑
❑
❑
❑
❑
❑
❑
� MEMO/LETTER: Memo from John M. Burbank dated 8/8/13
� RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: Excerpt from unapproved minutes of 7/22/13 Planning Commission meeting
I_17�i1I►1F�:7_�Zi7:7���i ►�
� ��
�`� ity Administrator Date
*:�*:�:�*:�**��***�***�**��:�*�*****�:��**�*****��: ****
COUNCIL ACTION TAKEN; ❑ APPROVED ❑ DENIED ❑ OTHER
Cottage
J Grove
� Pride and P�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: Leicht Conditional Use Permit -Oversized Accessory Structure
Proposal
Richard Leicht applied 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.
Location Map
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — CUP13-023
August 14, 2013
Page2of9
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Proposed Accessory Structure Site Detail
Air Photograph — Existing Site Plan
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — CUP13-023
August 14, 2013
Page 3 of 9
Planning Commission
The Planning Commission reviewed the application at their regularly scheduled meeting on July
22, 2013. Based on the established zoning ordinance criteria, they unanimously recommended
that the City Council approve a conditional use permit 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 conditions.
During the Commission's discussion, the question was raised about the status of the location of
the property in relation to the Metropolitan Urban Service Area (MUSA) as the zoning code diffe-
rentiates performance standards between properties within and out of the MUSA.
The MUSA is defined as that area in which the Metropolitan Council ensures that regional ser-
vices and facilities under its jurisdiction are provided.
The graphic below is from the Metropolitan Council and identifies all properties within the current
MUSA in hatched red. The yellow star identifies the applicant's property within the current
MUSA boundaries. A Technical Memorandum from the City's District Representative from the
Metropolitan Council is included with this report for clarification on this topic.
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — CUP13-023
August 14, 2013
Page 4 of 9
Only properties within the MUSA can develop with public utilities. Not all properties within the
MUSA have utility pipes directly adjacent to their property but they have the ability to petition for
the extension of those services if it is found to be cost feasible. In Cottage Grove, development
costs not serving a regional benefit are borne by the developer.
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. The property surrounding
is undeveloped at this time and is in agricultural production.
Area Detail Map
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 al�ows 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.
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — CUP13-023
August 14, 2013
Page 5 of 9
The new structure as it is currently constructed is 1,080 square feet. A stop work order was
issued.
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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 p of this section by more than twenty percent (20%) within the
metropolitan 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
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — CUP13-023
August 14, 2013
Page 6 of 9
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. As noted above, the property is
located within the MUSA.
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.
An opinion from the City Attorney on this request beyond the scope of the ordinance criteria is
attached to this report.
The increase from 20 percent to 40 percent oversizing is not recommended by staff. Given the
noted construction without a permit and the fact that the property's location within the MUSA, it
is recommended 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,
Property ClasslNeatlon Number Total Slze
A�-1 _ �� �,500 sq . ft
A�-7 I� z ,l 2,: sq . it ,
. R-t � 2 I 2,506 5q .11
_- - _ . ---
R•2 � 2 � 2,ODD Sq -11 ----
------ - -------- - ----- ----
UR --�� 1200 5t� . Tt
R-2.5 � 1.20D sq , fl.
a•2A 0 �so sq n
�-aQ 0 �so �q . n
f2-2C �� y80 sq . tt.
R•2L� �1� dSD sq . It.
-- _ _- -
R•2E - -- - -- -- --- - -R - __. _ -- _ _ � _ __�
R�2F - --- - - - l —.. nr� — ---- n 1a --
R '� _ -- — � C 1 � 1.00D sq , it. �
-
rR,4------------� -��°--.-� -°°---7�^50sq,R= ---
I L ' J�
------- _ _ — ---
R•8 antl R•4 nqn�f.lUSA, � acres or c�reater ?. 2,50� sq . il
f2-5 slc� ptan rcvierr 57G sq . Il per unit
R•6 Slte plan revletv 576 sq . 4 pe:r unll
- -- -- --- ------ ----- ----- --
i'UD �� 10oUsq �� ---
AU propertles meeUng a�ricullurat defindloas Unlimlted 300 sq . ft per acre
— � ----
Cummarrlal and industrial —� Slte p(an revler� Sile plan revie�t�
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — CUP13-023
August 14, 2013
Page 7 of 9
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 ordinance criteria upon the construction of any new single family
homes within 250 feet of their 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. The City Attorneys oppinion concurrs with the staff
recommendation on this request.
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. Based on the review of the application
materials and the site, there were no findings of hardship found that could support an variance if
an application were made.
Land Use
The land use classifications for this site and the surrounding three parcels are Low Density
Residential and parks and private open space.
Zoning
The property is zoned AG-2, Agricultural District.
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — CUP13-023
August 14, 2013
Page 8 of 9
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ZanTng map
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.
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Site Plan
Honorable Mayor, City Council, and Ryan Schroeder
Leicht Oversized Accessory Structure — CUP13-023
August 14, 2013
Page 9 of 9
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.
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
Applicant 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 an July 11, 2013.
Summary
The property is guided for low density residential and is located in the AG-2 zoning district. Addi-
tiona( urban scale single family residential devefopment will occur in the future around fhe 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 2,50Q 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
oversizing 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 City Council adopt a resolution approving a conditional use permit to allow for 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 conditions stipulated in the attached draft resolution.
Technical Memorandum
DATE: July 29, 2013 VIA EMAIL
TO: John Burbank, City Planner
City of Cottage Grove
FROM: LisaBeth Barajas, Local Planning Assistance Manager
Metropolitan Council
SUBJECT: MUSA Definition
Per our phone conversation on Friday, July 26, I am providing this memorandum, which outlines the
Metropolitan Council's current definition of the MUSA and where that area currently lies.
The 2030 Regional Development Framework (RDF) and the 2030 Water Resources Management
Policy Plan (WRMPP) define the Metropolitan Urban Service Area (MUSA) as:
The area in which the Metropolitan Council ensures that regional services and facilities
under its jurisdiction are provided.
In other words, the MUSA is that area to which the Metropolitan Council has committed to provide
regional wastewater service, "although capacity may be staged and not yet fully in place" (WRMPP, p.
54). This level of commitment was negotiated with individual communities during the 2008
comprehensive plan update review process, with communities defining their individual service areas
and staging, consistent with the Council's policies to accommodate forecasted growth at appropriate
densities.
In the City of Cottage Grove's Future Vision 2030 Comprehensive Plan ("Plan"), the City defined its
"utility staging" and illustrated that staging in Figure 2-7 2030 Utility Staging Map. On page 2-16, the
Plan indicates that the staging plan "establishes the sequence of urban development in various areas of
the City" and to "allow for the efficient extension of urban services." This utility staging map is also
reflected in the Plan's Figure 7-2 Sanitary Sewer System Map.
From our telephone conversation, there was a question regarding whether a property in the northwest
section of the community was included as part of the MUSA. The City's Plan maps identify that Section
6, which includes the subject property and most of the northwestern section of the City, is in the existing
MUSA stage. Figure 2-7 indicates that in addition to the existing MUSA, stages 1, 2, 3, and 4 are also
staged for development through the year 2030. The remaining stages, 5 through 8, are post-2030. In
short, Cottage Grove's MUSA is defined as the existing area and all those stages planned through
2030. The only portions within these utility staging areas that are not in the MUSA are those that the
City guided for Rural Residential. The Plan specifically states that Rural Residential areas are outside
of the MUSA.
Page - 1
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Page - 2 � August 5, 2013 � METROPOLITAN COUNCIL
470 U.S. Bank Plaza
I�ennedy 2�0 South Sixth Street
Minneapolis MN 55402
&
(612) 337-9300 telephone
Graven (612) 337-9310 fax
htta://www. kennedy-�raven.com
CHARTERED
MEMORANDUM
TO: John Burbank, Senio�• City Planner
FROM: Sarah J. Sonsalla, City Attorney �-�
DATE: August 2, 2013
RE; Leicht Conditional Use Peirnit
It is my understanding that Richard Leicht (the "Applicant") has applied for a conditional
use permit ("CUP") to allow a 1,000 square foot accessory stiucture in addition to the existing
2,480 square foot accessory structure that is already located on his property. The property is
located at 6192 65� Street South.
The City Code allows for two detached accessory structures up to a 2,500 square foot
maximum. Section 11-3-3E of the City Code allows for increases in accessory structure size or
height by CUP. This allows a 20 percent increase in size for properties within the Metropolitan
Urban Service Area ("MUSA") and 40 percent for properties within the MUSA. It is my
understanding that the Applicant's property is located within the MUSA, Therefore, he may
request a CUP to allow an increase in the square footage of allowed accessory buildings on his
property by 20 percent (3000 square feet total),
Since the Applicant already has a 2,480 square foot accessory structure on his property,
the greatest amount of square footage that the City can grant as an increase under its Code
provisions is 520 square feet, The accessory structure that the Applicant is proposing to
construct is 1,000 square feet, which well exceeds the additional 520 feet that would be
permitted. Since the City Code does not allow any increases beyond 20 percent in this case, the
Applicant will need to apply for a variance in order to allow the additiona1480 square feet for his
accessory structure.
If the Applicant applies for a variance, he will need to show that there are "practical
difficulties" as defined by Minnesota Statutes Section 462.357, subdivision 5 in complying with
the City's zoning ordinance. "Practical difficulties" means that the property owner proposes to
use the property in a reasonable manner not permitted by the zoning ordinance; the plight of the
landowner is due to circumstances unique to the property not created by the landowner; and the
variance, if granted, will not alter the essential character of the locality. Economic
429253v1 SJS CI'ISS-25
considerations alone do not constitute practical difficulties. Based on the facts that I am aware
of, it may be diffic�lt for the Applicant to sho��v that there are practical di�cnities, but since
there has been no variance application, there may be additional unknown facts that may change
my apinion.
The Applicant has requested that the City consider an aIternative solution, such as adding
a condition in the CUP that would allow the additional square footage on the condition that the
City would be able to revoke the CUP if a house was built on adjacent property within 250 feet
of the Applieant's property. Even though the City may place reasonable condifions in a CUP, it
is my opinion that this condition would not be enforceable beeause it is something that is not
within the Applicant's control (unlike a condition that says that he may only use the bitilding
fi•om 8:00 a,zi�. to 6:00 p.m, or something similar). If this condition was added to the CUP, T
think that the City couId have a prablem with enforcement in the futuxe, especially if the
Applicant is no longei• the owner of the property (it should be noted that the CC1P runs with the
land and will be binding on futuxe owners of the property). Although the Applicant may be
willing to agree to agree to this condition and represents that he will not contest it in the event
that it is enforced; a future owner of the property may challenge it when it comes time for the
City to enforce it. Regardless of whether not this condition or other conditions a�•e added to the
CUP, the Applicant will still need to apply foi• a variance because the amount of square footage
that he is requesting for the accessory building will exceed the amount for the property allowed
by the City Code.
Please contact me if you hava any questions, Thank you.
A29253v1 SJS CTI55-25 �
ATTACI3N��NT TO �2rCT�AttD LEICHT
CONDITIONAL YTS� PERMrT AP�'LICATION
A. T��e City's comprehensive plau allows for starage buildings in the AG-2 dis�i•ict. Ths
additional building wi�l be the same use as the existing str�acture, stot�age o�persor�at
p�'operty. Na business will be conducted iii either struetux•e.
B. My property is zoned AG-2. I h�ve au e�isting 2,484 sc�uare foot building that is 40 feet
fi•om the east prapert�r line, 140 feet fcoin tl�e r�vest propei-ty line and 200 feet fron� tl�e
rear properfy lins. Tize i�uildiiig is behind the Iiome Z own. Tlie s#rtrcture I want fo add is
I000 sqtlai•e feet and will inaintain a 77 foot setback from the west property 1i�1e aiid a
200 �oot setbacic from flie rear praperty line. T1ie rnaterials will be tl�e same as the
existing stornge building,
C. The building is 40 feet frain the east praperky lii�e, 77 feet from the west propez�ty line and
200 :Feet fi•om tlie z�eae prapei�ty line. There are existing trees that scz•eeti the building. I
have �ttaehed iuiie photos with views from the a�ljacent property. Even before the frees
leaf out, it is screened by tl�e existi�?�g trees. The surrotmdiz�g property is agrzcultural use,
and the building will tlave z�o impact on the adjacet�t pt•opet�ties in any manner.
D. I v�iant to co�ishuct thc additional building for add'ztional storage of persoiial praperty.
There wilt be no noise, glaxe, slnolce, dust, odor, fumes, water pallution, vibration,
ui�sighlliness, oz� othez• t�uisances. r want to lceep iny persona[ pro�erty �vitl�in the
buildings. There is no business use that will be conducted ui the buildings.
E. Tliere r�vill be no traffic to flie praperty other than atu current personal use. There is na
change in the ti•affic voluzi�e tl�at will result fi•om tlie permit.
�'. '�'he praperty is sez•vec� by pz•ivate utflities. There vvill be no change as a resuIt of tlie
builditig cozlst�•itctial3, There will be no need for any additioiaal stz�eets. Thez•e will be no
change in the need for any poiice o�� �ire protecfion tb �he property.
Cr. There wiIl be na cost for any additipnal pttblic faczlities or services. The additional
building ruiIi not inci•ease any rec��lired Cit�� se��viees to the prope�-ty.
H. The site for tlie additional buildiiig is graded. T1zei•e are no natural scenie features. The
site is stiffciently separated by distance to adjacent v�cant property and will not impact
the adjacent property in auy wa�+.
I: There ace no adverse enviramnental effects. That area of the pa•opez�ty is �•aded and, due
to the distance to acljacent property lines previousl� desci7bed, there is no adverse im�act
to iny property, Ylar tivill there be any impact on the adjacent property.
J. Due to tIie distance between the building site and the ��z•aparty lines, there is a minimum
of 7'1 feet to the west propei�ty liiz� atid 200 feet ta tlie z�eai� pi�opei�ty line. I�vii1 accept an
Interirn Conc�itional iJse Pez�«ait tiaat would require reitloval ofthe bitilding upoii a home
beiug built r�vil:hin250 feet of m� propez�ty line oii adjacent property.
I�. If an Interim Conditional Use Perinit is gean.ted, I will a�•ee to renioval of tl�.e adtlifional
building at the tiiue a ltause is built on tlie adjacez�t pa•opert�, or itpoi� construction af a
road.
L. Upon termination of the use, the buildifig will be reznoved and the area graded back to its
condition before the buiIding,
M. The use does �onform to tlie zoning regulations.
N, Until a home is bni�t witlaita 250 feet of iny Z�roperty line on adjacent propet�y.
0. Tl�ere are Y�o aclditzona� cos�s t�.at vvould be imposed oil the public as a result of the
issuance of the pertnit.
p. Tha building yvill be constructed aud will meet all code requirez��ents, and eompl� with
the exterior mate�•ial requ'rrements o� the zonii�g cade,
Resource Name:
Other NameCs>;
Locaxlon:
Hlstoric CQwell House
Herman Hou�e
6192 65th Street
Resource Classificatlon Type:
Building: House; Greek Revlval Style
Diagnostic Elements:
L-shaped ground plan; and and one-half stories;
gable roof, symmettrical tenestration; wood frame
constructlon; clapboard slding; partlal porch
inset ln L; addltions.
Documentatian:
CRS #: 81-5
HSI #: 015
�
Hlstorlcal Abstract:
c.1854 Homestead establlshed by ploneer farmer
William R. Brown.
c.1662 Pregent house built by 0. V. Cowell.`
1674 Cowell house shown in ltlustration in
Andreas atlas.
194? 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 lnterest fn a lumber
mlll in Newport, bUt later devoted himself to
agriculture.
The exlsting hou9e lncorporates Brown's )og �abin.
The nld aummer kitchen was removed and a breezeway
was added ta connect the house and garage. The
origlnal narrow reveal clapboard was also cavered
over with wlde-reveal lapped board slding.
�
RICHARD LEICHT
6192 — 65 STR�ET SOUTH
COTTAGE GROVE, MN �5016
651-768-7768 (HOME) / 612-860-3804 (CELL)
May 31, 2013
Mr. John Burbat�lc PERSONALLY DELIVERED
City of Cottage Grove
12800 Ravine Parkway Soitth
Cottage Grove, MN 55016
Re: Conditional Use Permit Application
Dear John:
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 fi�om the
adj acent 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 approximateiy 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 ain willing to do an interim Conditional Use Permit that would require if a house is built on the
adjacet�t propei�ty 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 fi•otn the east property line, which is the closest either of the buildings would be. The
new building is 250 feet fi•om the rear propei�ty line and 77 feet froin the west property line.
Both of the buildings are behind my house and are 110 feet froin the fi•ont property line.
I have prepared the responses to the questions in the Conditional Use Permit application which is
attached.
Mr. John Burba�ilc
May 31, 2013
Page Two
If I can provide you with any fiu•ther information or answer any questions you may have, please
let ine know.
Very truly yours,
Richard Leicht
Enclosures
Conditional Use Pertnit Application
Application Fee
6192 65th Street South, Cottage Grove, MN - Google Maps
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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
froi�i the east property line, 140 feet fi•om the west pro�erty 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 squa�•e feet and will maintain a 77 foot setback fi�om the west property line and a
200 foot setbacic fi•om the rear propei�y line. The materials will be the same as the
existing stoz•age building.
C, The building is 40 feet from the east property line, 77 feet fiom the west property Iine and
200 feet fi•om the rear property line. There are existing trees that screen the building. I
have attached nine photos with views fi•om the adjacent proper 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, smolce, dust, odor, fumes, water pollution, vibration,
unsightliness, or other nuisances. I want to lceep my personal propei�ty within the
buildings. There is no business use that will be conducted in the buildings.
E. There will be no traffic to the propei�y other than our cur�rent personal use. There is no
change in the traffie volurne that will result fi�om the permit.
F. The property is served by private utilities. There will be uo 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 advet•se environrnental 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 iny property, nor will there be any impact on the adjacent pz•operty,
J. Due to the distance between the building site and the property lines, there is a minirnum
of 77 feet to the west pi�opei�ty line and 200 feet to the rear property line, I wiIl accept an
Intei•im 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 Interirn Conditional Use Permit is granted, I will agree to rennoval 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 a result of the
issuance of the permit.
P. The building will be constructed and will meet all code requirements, and comply with
the exterior lnaterial requirements of the zoning cade.
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RESOLUTION NO. 2013-XXX
A RESOLUTION APPROVING A CONDtTIONAL USE PERMIT TO ALLOW A 524 SQUARE
FOOT ACCESSORY STRUCTURE IN ADDiT10N TO THE EXISTING 2,480 SQUARE FOOT
ACCESSORY STRUCTURE LOCATED AT 6192 65TH STREET SOUTH
WHEREAS, Richard Leicht has applied 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, on property legally described as:
PT SW1/4-NW1/4 COMMENCE AT SOUTHWEST CORNER OF SAID SW114 OF
NW114 THENCE EAST ON SOUTH LINE OF SD SW1/4 OF NW1/4 742.2 FT TO
PT OF BEG THENCE NORTH 01 DEG. 15' EAST 413.5 FT TO IRON STAKE
THENCE EAST PAR TO SD SOUTH LINE 200 FT TO AN IRON STAKE THENCE
SOUTH 01 DEG. 15' WEST 413.5 FT TO SD SOUTH LINE THENCE WEST 200
F'EET TO POB EXCEPT TO HIGHWAY Section 06 Township 027 Range 021
Commonly known as 6192 65th Street South, Cottage Grove, Washington County,
State of Minnesota.
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 Planning Commission held a pub(ic hearing on July 22, 2013; and
WHEREAS, a planning staff report, which detailed specific information on the property and
the application request was prepared and presented; and
WHEREAS, it was identified in the staff report that the maximum additional square footage
allowed for an accessory structure on this site by conditional use permit is 520 square feet; and
WHEREAS, the public hearing was open for public testimony. The applicant attended
the public hearing. No written or oral testimony was received; and
WHEREAS, the Planning Commission unanimously (7-ta-0 vote) recommended approval
of allowing a 520 square foot accessory structure in addition to the existing 2,480 square
accessory structure, for a total of 3,000 square feet of accessory structures on the property, which
is the maximum allowed for properties within the Metropolitan Urban Service Area (MUSA),
subject to cer�ain conditions listed below.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby approves the conditional use permit to allow a 520
square foot accessory structure in addition to the existing 2,480 square foot accessory
structure, located on the property legally described above, subject to the following conditions:
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.
Resolution No. 2013-XXX
Page 2 of 2
2. The proper�y owner must complete a building permit application and submit
detailed construction 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.
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.
9. If future site development renders the structure nonconforming, the building must
be brought into compliance or removed as a condition of the development approval.
Passed this 14th day of August 2013.
Myron Bailey, Mayor
Attest:
Caron M. Stransky, City Clerk
EXCERPT FROM UNAPPROVED MINUTES OF THE
PLANNING COMMISSION MEETING ON JULY 22, 2013
6.1 Leitch Accessory Structure — Case CUP13-023
Richard Leicht has applied 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 at
6192 65th Street South.
Burbank summarized the staff report and recommended approval to allow an additional 520
square feet for accessory structures, subject to the conditions stipulated in the staff report.
Richard Leicht, 6192 65th Street South, noted that city sewer and water lines are a mile from
his property, and he does not believe his property is within the MUSA boundary. He volun-
teered to remove the structure if any houses are built within 250 feet of his property.
Briftain asked for clarification on fihe MUSA boundaries and projected use. Burbank dis-
played the 2030 utility staging map and the development staging map, pointing out the loca-
tion of the applicant's property and noted that it is in the current MUSA. He indicated that he
consulted with the City Attorney regarding a condition to tear down the structure. The Attor-
ney advised that should not be added as a condition based on the language in the City
Code, which says "if future site development renders the structure non-conforming, the
building must be brought into compliance or removed as a condition of development ap-
proval." The removal of the structure when development occurs only applies to the property
on which the structure is located, not when it occurs on surrounding properties. This type of
condition would also be difficult to enforce and monitor. Burbank reiterated that staff is re-
commending 520 square feet, which would bring the total to 3,000 square feet for accessory
structures. Brittain asked how often the Comprehensive Plan is updated and when was the
last update. Burbank stated the comp plan is updated every ten years and the current plan,
which is the 2Q30 Comprehensive Plan, was adopted in 2006.
L.eicht stated that when he bought his house, he got a copy of the 2020 Comprehensive
Plan, which shows he is not in the MUSA. He does not believe he is in the MUSA and the
2030 plan is for the future. He also noted that the closest public land is a park that is over a
mile away. Burbank pointed out that green area on the map is identified as a land use that is
public parks and private open space. McCool stated that the applicant's illustration was
prepared in 1998 and adopted in 2002.
Leicht then objected to the requirement to plant six trees, noting that the area is surrounded
by trees and the structure is not visible at highway speeds.
Rostad asked for more information on tearing down the structure if houses were built within
250 feet. Burbank clarified that the trigger for removing the structure was when the appli-
cant's property were to redevelop. Rostad noted that this property does appear to be within
the MUSA in the last adopted comprehensive plan.
Excerpt from Unapproved Planning Commission Minutes
LeichtAccessory Structure —Case CUP13-023
July 22, 2013
Page 2 of 3
Johnson stated it is his understanding that the 2030 Comprehensive Plan guides the City on
new development, no matter when it may occur until the next plan is adopted. Leicht reite-
rated that he will tear the building down when houses are built. He believes he should be
a�le to have an addition 1,000 square feet of accessory structure fhe area develops,
because city water and sewer are not available to his proper�y.
Harter asked if approval for 1,000 square feet would prevent future development. Burbank
explained that a variance application and another public hearing would be required to allow
the 1,000 square feet. The fee for a variance application for a project started prior to receiv-
ing the variance or a building permit is $800. Burbank stated that the adjacent properties
could develop at any time regardless of the size of this accessory structure. Harter asked if
this was approved for 1,000 square feet, would the building would need to get torn down
when the area develops. Burbank explained thaf Section D of the ordinance criteria states
that "if future site development renders the structure nonconforming, the building must be
brought to compliance or removed as a condition of development approval." The trigger
would be the redevelopment of his property, not of surrounding properties.
Rostad noted that the City cannot force the applicant to take down the structure. Burbank
clarified that if Leicht's property were to redevelop, the structure must be removed but not if
the adjacent properties develop. Leicht asked for that to be added as a condition. Rostad
explained that the only way that the City can require Leicht to tear it down is if his land is
being redeveloped; not the adjacent properties. Leicht asked again for a condition to require
the removal of the structure if anything is built within 250 feet of his property could. He noted
that the building would not impact properfy values in the area.
Rostad opened the public hearing. No one spoke, Rostad c/osed the public hearing.
Rediske asked about the possibility of tabling the application for a month to allow Leichf to
consult with his attorney. Leicht stated that he talked with the attorney by phone and he re-
ally does not know what would change. His attorney does not believe the property is in the
MUSA. Rediske asked when he bought the property. Leicht replied 2003. Rediske asked
when the current comp plan was adopted. Burbank responded that the 2030 comprehensive
plan was adopted in March 2006. Rostad noted the 2030 plan would replace the 2020 plan.
Brittain stated that the Commission is bound by the zoning ordinance and the comprehen-
sive plan. Leicht offered to take down the structure when city water and sewer is installed to
his property because he believes that he will then be in the MUSA. Brittain explained that the
MUSA is a designated area and does not necessarily mean that the utilities lines are in. He
also stated that the 2020 Comp P(an is now invalid, and the 2030 Plan is the guiding docu-
ment. The comp plan is updated every 10 years, and the Planning Commission is guided by
the current comprehensive plan. Leicht asked if the Commission would be protecting the City
if he took down the structure when development occurred in the area. Brittain stated that le-
gally it would be difficult for the City ta require the removal of the structure. He explained that
the Planning Commission makes recommendations to the City Council based on City ordin-
ances and the current comprehensive plan. He also noted that there is no apparent hard-
ship. The City Council does have more flexibility than the Planning Commission.
Excerpt from Unapproved Planning Commission Minutes
Leicht Accessory Structure —Case CUP13-023
July 22, 2013
Page 3 of 3
Johnson stated the City cannot make an agreement that bypasses what is established le-
gally; the law will override that agreement. Leicht stated that a condition about fearing down
the structure could be added to the interim conditional use permit.
Brittain made a motion to approve the condifional use permit application to allow a 520
square foot accessory structure in addition to 2,480 square feet of accessory structure
already on the property for a total of 3,000 sguare feet, subject to the conditions listed
below and to add a conditian regarding remova! of the structure if future develop-
ments renders it nonconforming. Wehrle seconded.
�. The maximum total detached accessory structure space on the site shal! be limited
to 3,000 square feet ptus one tool orgarden shed at �60 square feet or/ess in size,
2. The property owner must complete a building permit application and submit de-
tailed construction 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.
5. The exterior siding materials and color scheme for the accessory structure shall be
similar to the co%r palette of the principal structure.
6. The accessory structure shall be used for personal use only; no commercial activ-
ity is permr`tted.
7. The App/icant shall comply with all surPace wafer management reguirements
established by the City Engineer.
8. Six additional six-foot high coniferous trees shall be p/anted on the site to screen
the new structure,
9. lf fu#ure site development renders the structure nonconforming, the building must
be brought into compliance or removed as a condition of the deve/opment
approval.
Motion passed unanimously (7-to-0 vote,)
EXCERPT FROM UNAPPROVED MINUTES OF THE
PLANNING COMMISSION MEETING ON SEPTEMBER 23, 2013
6.1 Leicht Shed — Case V13-030
Richard Leicht has applied for a variance to allow a 1,080 square foot accessory struc-
ture in addition to the existing 2,480 square foot accessory structure at 6192 65th Street
South, when the total square footage for accessory structures with a conditional use
permit is 3,000 square feet in the AG-2, Agricultural Zoning District.
Burbank summarized the staff report and recommended approval, based on the findings of
fact and subject to the conditions stipulated in the staff report.
Wehrle commented on the color scheme, which was supposed to be similar to the other
structures, and noted that there was a white house, a red garage, and now a blue garage.
Burbank stated that based on the criteria in both the City Code and the conditions of ap-
proval, the materials of the two buildings must be similar in color and design to the principal
structure.
Rostad asked if Leicht was instructed to cease construction on the structure that's currently
present. Burbank replied that in approximately January or February one of the Building In-
spectors posted a Stop Work Order on it based on the lack of a building permit; Leicht did
stop working on the structure and applied for the conditional use permit. He requested the
variance to allow up to 1,080 square feet instead of the maximum of 520 square feet that is
allowed the CUP process, because construction was started on the structure.
Rostad asked that if the variance was granted, would the structure then be completed.
Burbank replied that Building staff would be work with Leicht to ensure the structure meets
City standards.
Rediske asked if Leicht planned on increasing the square footage or the footprint of the
structure. Burbank replied the request before the Commission is for the 1,080 square feet,
which is the size of the structure that was constructed. He then explained that the Building
Division would review the building's footprint and the siding. There is no requirement that the
entire structure be enclosed but there are requirements for weatherproofing.
Rostad opened the public hearing. No one spoke. Rostad c/osed the public hearing,
Wehrle said he saw a letter from an attorney that questioned the enforceability of restrictive
covenants and asked if that could be enforced. Burbank believes that was part of the first re-
view. The City Attorney is comfortable that the City will be able to enforce the restrictive co-
venant as drafted. The applicant was given a copy of the Staff Report and the restrictive
covenant. The covenant would be required as a part of the variance approval, as it is one of
the conditions of approval.
Brittain made a motion to approve the variance al/owing up 1,080 square feet of ac-
cessory structure as a conditional use. Harter seconded. Motion passed unanimously
(7-to-0 vote).