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Home My WebLink About2015-02-04 PACKET 04.E. REQUEST OF CITY COUNCIL ACTION COUNCIL MEETING DATE 2/4/15 PREPARED BY: Community Development ORIGINATING DEPARTMENT AGENDA ITEM # � • „ Jennifer Levitt STAFF AUTHOR ********************�***************��********** COUNCIL ACTION REQUEST Consider approving a conditional use permit to allow for a total of three detached accessory structures totaling 3,460 square feet with a maximum building height of 19.5 feet at 6700 Kirkwood Avenue South. �AFF RECOMMENDATION: Adopt the resolution approving the conditional use permit. BUDGET IMPLICATION $N/A $N/A N/A BUDGETED AMOUNT ACTUAL AMOUNT FUNDING SOURCE ADVISORY COMMISSION ACTION: DATE � PLANNING 1/26/15 ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ SUPPORTING DOCUMENTS: REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED � ❑ ❑ ❑ ❑ ❑ ❑ � MEMO/LETTER: Memo from John M. Burbank dated 1/27/15 � RESOLUTION: Draft ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ LEGAL RECOMMENDATION: � OTHER: Excerpt from unapproved minutes of 1/26/15 Planning Commission meeting ADMINISTRATOR'S COMMENTS C - - I % / �� City Administrator Date ******�***************************************** COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER Cottage J Grove � Pride and p�osperity Meet TO: Honorable Mayor and City Council Ryan Schroeder, City Administrator FROM: John M. Burbank, Senior Planner DATE: January 27, 2015 RE: Conditional Use Permit — Oversized Accessory Structure at 6700 Kirkwood Avenue South Proposal Linden and Mary Marty have applied for a conditional use permit to allow for a total of three detached accessory structures totaling 3,460 square feet with a maximum building height of 19.5 feet on the property located at 6700 Kirkwood Avenue South. Location Map City Council Memorandum Case CUP015 — 001 Marty Oversized Accessory Structure January 27, 2015 Page 2 of 8 Planning Commission The Planning Commission reviewed the application at their regular meeting on January 26, 2015. A public hearing was held and no one spoke for or against the application. The Planning Commission unanimously (5-to-0 vote) recommended approval of the conditional use permit. Background The applicants' property is currently guided for Low Density Residential and Parks/Private Open Space, and the Ravine Parkway will eventually be constructed to the west of the property. An excerpt from the 2030 Land Use Map is detailed below. Land Use Map Excerpt ,` T ��'�"�,,. �n = �� ; � �. � ' - t, .,,� --�, � � �F--:. � � , �- " �� ti — � , : ��. NNghOOrhood I North ._ ! ' f �! . � . , ... oo.. so,�. �� i G,.�.. i.J .. � / � '+ � �, ._.,��. ��1,, s �,... - ` 4 Ji -. , U . "•�• . ' . .�_% N.roneo,nooc: : ��, -- J�� -_� � f � NNghpwM1ood I SovN � i' t ....� Ravine Parkway Route Map City Council Memorandum Case CUP015 — 001 Marty Oversized Accessory Structure January 27, 2015 Page 3 of 8 The zoning of the property is R-1 Rural Residential, and it is currently developed with a de- tached single-family residential house and three detached accessory structures. The accessory structure details are included in the following map and table. ��; _ _.- -_ _ , ��:� �- � �,� 1 r � 4 � ,�} r . �:, V � ' a { �� . �'a' r � ` � �J .. . ; � - �:ti.�.�� dit1X� ��i � ,� � �� , ..• :: ,� �.. : , ., �. F � �..f ! tif �v . ' .. . -' ' � , �� f � ' v� ; �;� , � � 1 �i {'7' .. � ,.- • . ,a �' 1 �'_ ' 4 :� :1 � �- j l . { . �' •� �'+ . ..`. F f � .. , �� :�_ : � . . �! �� ' . 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''' � �'' r �'%$�� , ��1 j . � ', - � . .� . : . .� � ` j `r :,. ,�:'� ` � �' � ( , ti � � �f ^ Itu � ;: . . � Y . .r �� i � � , 1 , ,��t,>i, �,: � � . �.� �� 1 �� f � � _ r 1_ 1 � � . . � 1 :i.�� ,� il'1' S t �� s � �;' ��' :�_ �;:�_,_ �, . i , �._!��:rr�aU?: _ ... i�.�SB"�'-��. { '�:� l� �,°� F,. i -'' . _ � � 4 .� , ;�' I � �� , s, j �r .-s� � c� ' ��rti y � ��R"fi .: 4 ��;: - r 1 .IF y�� ;., �� 7 � r ._ C1 ��_ ., ; l k�,.',:'� J./l.- �, � 1 � � � y Y� r � . . � i�,,.� ,, z , r . � \ fi ��- ...� R� �'•�. . t ; =.; � m i • � �.-.•� � �� ' i .�x� - , `�`. ' ii.: f„� � ' ' � �--- �' . �` , �r--� `��'� #` � t `�;! � 1 �y • " r+ ` . , - r 1, � � :�� . , Z .� �. f � �� ` ��'.,a C' ' � �� ,: . .,,�,�,,'- , y ` v �'"'� `4 � �,�,�,�� .�. C ' '�lt�a�"� . �� •s'�� , -,, . ;. ii.'gt ,.,` � - •' � 1--- __ - —1 - -; � -. �� . � � ,+1 �'P � ,, i Y , �� < $� `u`.' � �� ' � � {'�?�/ '. � . ;� nc`,1 •. c �. , i Existing Structure Dimensions Existing Square Footage Proposed Square Footage A 14' X 14' 196 196 B 18'X24" 432 - 432 C 28'X36 & 26'X28' 1,728 1,728 Pro osed Structure Dimensions S uare Footage Square Foota e D 32'X48' 0 1, 536 Total N/A 2,356 3,460 The established maximum standards for accessory structures in the R-1 zoning district is up to two accessory structures for a total of 2,500 square feet and one smaller garden or tool shed less than160 square feet. Mr. Marty recently approached the Planning Division about the requirements for accessory buildings on his property. After reviewing the current site conditions and the available options, the applicant chose to apply for a conditional use permit (CUP) under Title 11-3-3E, which is listed in the ordinance criteria section below. The CUP process identified in this section allows City Council Memorandum Case CUP015 — 001 Marty Oversized Accessory Structure January 27, 2015 Page 4 of 8 for property owners outside of the active MUSA to exceed the maximum ordinance criteria for size and height by up to 40 percent (3,500 square feet). A copy of the site sketch submitted by the applicant is included below. The plan does not identify the 432 square foot structure to the east of the shop structure. Site Detail The applicant is seeking to build an additional detached accessory structure sized at 1,536 square feet, which would bring the total onsite square footage of three accessory structures to 3,460 square feet or 38.5 percent greater than the maximum. The height of the new structure would be 19.5 feet, which is less than the maximum of 20 feet. The principal structure on the site is a rambler with a height of 16 feet. The City Code prohibits accessory structures from be- ing taller than the principal structure. Given the height of the proposed structure, the applicant is also requesting the new structure exceed the height of the principal structure as a part of the CUP approval. Per the ordinance, the additional height and size require increases to the re- quired setbacks for the new structure. The increases are an additional 5 feet for every 100 City Council Memorandum Case CUP015 — 001 Marty Oversized Accessory Structure January 27, 2015 Page 5 of 8 square feet in size and the same for every additional one foot in height. This increases the re- quired setback for the rear to be a minimum of 102 feet and 72 feet for the side. The existing lot configuration of 280 feet by 648 feet would allow for the additional setbacks to be met. The applicant has indicated that the existing 196 square foot structure contains a hot tub, and that it would be difficult to reduce the structure to the 160 square foot maximum for garden and tool sheds. The existing 36 additional square feet above the garden and tool shed maximum of 160 square feet can be included with the total approved with the CUP request. The reasoning behind this would be that the structure currently exists, is only 36 square feet in excess, and the total square footage requested is less than the maximum of 3,500 square feet allowed through the CUP process. The fourth (432 square foot) structure would need to be removed, as the ordinance does not allow for an increase in the number of accessory structures on the site beyond the three allowed. The structures would need to be modified and removed prior to the certificate of occupancy for the new structure. Ordinance Requirements Title 11-3-3 allows for accessory structures in the R-1 zoning district up to 2,500 square feet in size and 20 feet in height. Title 11-3-3E states: E. Miscellaneous Requirements: 1. Accessory structures greater than that permitted in subsections 8 and D of this Section may be approved 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 8 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. Property Characteristics Most of the property is flat, with a gradual downgrade slope toward the eastern end. A variety of trees are located on the site with the most prominent clusters lining the north and east sides of the perimeter. A mix of mature vegetation is on the balance of the site. City Council Memorandum Case CUP015 — 001 Marty Oversized Accessory Structure January 27, 2015 Page 6 of 8 � , : '. ; �s , , ; . , Y ,, - . � _ - �, � r �a� . �;�� N �� j � � :. � - - ��.. � �� ,},�� +� n 7 y ,'� .� ��y � ..'��. . - � ` 'Y� � aa � F1 ��'S 4s �5 . � -� i'� "' � ~ ♦ � 4 p . , �,�.! , 1� �� '� J 1!� � •' � � .e ; '! fA�X ;� � k � ;_ �.3 " `. , A , , � �. ��)i � � _ �k'�`� 7 �i � 1 � �,7 �!� �;�lli �t�i��jl; �� y �,� t: � �� ; �'-�.L .-`-;` �- f ,�rt w=.:��. ES� _� _ K �,� .� 33 � �,,, �. , � ---- ..� , -, y V 1 I d � 1 ...� f�x .�g �j�y l ��.� �/ � \l..6 � /J�"• . � S7f�'..Il � �./ � � ; .. '_r I , \. � .i. �Y'� �� j �I- L'"`�'� . ;}:,. y �:� N - s ' I ` I �f r �,:�� . � i�`' ? f � �� k'� a 1'{ :S � �f .•� � �'r I !, r . �''� r �3 ��„ �'T. .s?�' .e�' � _. �� "s°'-`� - �� ,t+'ti ::" , f�`,_ �� `' �.�� ' ' .u��+ t � - � i . . J f, � . ;9 . i� . . j `� � � , ' � -. _ 11 .. � ) r = /� , `'� �:� ' . , I ' . `` `J r _ `� _ �� i��@. � .�� ! ... 4- . . , . � i .� L{ t � y �. a � ��Sr' ��' � • � � _^ .. �._R:-(: � . � ,z! "` �'/. s� . �-� �- �,�s� 1 \ . : •:.: Lot Detail with Contours and Adjacent Neighboring �tructures The applicant's 4.17-acre single family residential property is located west of the Old Cottage Grove neighborhood within the 2030 Metropolitan Urban Service Area (MUSA). The develop- ment staging for the area is not planned to open up for development until 2020-2035. The 2020 MUSA as identified on the map below is the active MUSA area which corresponds to devel- opment staging areas one and two within the community. Metropolitan Musa Map excerpt City Council Memorandum Case CUP015 — 001 Marty Oversized Accessory Structure January 27, 2015 Page 7 of 8 The installation of new private wells will be allowed in this area under current development poli- cies for existing lots of record with a minimum size of 1.5 acres. Future subdivisions that are not in a current development staging district are planned to be restricted to 20-acre minimums by ordinance. No additional well or septic improvements are proposed with the planned building. Planning Considerations The ordinance allows for the requested oversizing and height modification. One of the benefits of utilizing the CUP process is that the City may require removal of the buildings if the property is subdivided and the larger rural character buildings would no longer be appropriate. Based on the additional 40 percent in building size which is allowed by CUP, a total of 3,500 square feet can be allowed for up to two accessory buildings. As stated earlier, the new de- tached accessory structure would be sized at 1,536 square feet, which would bring the total onsite square footage to 3,460 square feet or 38.5 percent greater than the maximum. The site is heavily screened from the road and to the north and should not cause a negative im- pact to adjacent properties. The neighboring property has an oversized structure that was ap- proved by Resolution No. 2008-051. The proposed building pad location is located the east of the existing structures on the site and further back than the adjacent homes are situated. The detail below identifies the proposed exterior finish material for the structure. The color of the structure will be consistent with that of the principal structure. Wainscoting is proposed to be uti- lized in the design to help break up building massing. �. �" 9 '- � I � - � `� ( . � �� i � _.. . ��. � �... - . _ Endwall l lit Sidewall 2 � � I� �. End�vall 2 & Sidewall 1 Proposed Structure elevations Public Hearing Notices Public hearing notices were mailed to the 12 property owners who are within 500 feet of the property. These notices were mailed on January 15, 2015. The Public Hearing was opened by the Planning Commission at their regular meeting on January, 26 and no one spoke. Summary A. Title 11-3-3E of the ordinance allows for oversizing the size and height of accessory struc- tures by up to 40 percent. City Council Memorandum Case CUP015 — 001 Marty Oversized Accessory Structure January 27, 2015 Page 8 of 8 B. Title 11-3-3E does not address adding additional accessory structures; it only allows for size and height, thus creating the need to reduce the number of accessory structures to three or less. C. The applicant has over four acres of land. D. The adjacent property to the north has had a CUP for oversized accessory structures since 2008, and no adverse effects have been reported in the neighborhood. E. Construction/contractor operations and storage activities will be prohibited in the new build- ing and on the site. F. If future site development renders the structure nonconforming, the oversized building will be required to be brought into compliance or removed as a condition of future development approval. Recommendation That the City Council approve a conditional use permit to allow for a total of three detached accessory structures totaling of 3,460 square feet with a maximum building height of 19.5 feet on the property located at 6700 Kirkwood Avenue South subject to the conditions stipulated in the attached draft resolution. . i ` • ` A RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW FOR A TOTAL OF THREE DETACHED ACCESSORY STRUCTURES TOTALING 3,460 SQUARE FEET WITH A MAXIMUM BUILDING HEIGHT OF 19.5 FEET AT 6700 KIRKWOOD AVENUE SOUTH WHEREAS, Linden and Mary Marty has applied for a conditional use permit to allow for a total of three detached accessory structures totaling 3,460 square feet with a maximum building height of 19.5 feet, on the property legally described as: Lot 2, Block 1, Lindenwood Addition, City of Cottage Grove, Washington County, Minnesota. Commonly known as 6700 Kirkwood Avenue South, Cottage Grove, Washington County, Minnesota. WHEREAS, a planning staff report, which detailed specific information on the property and the application request, was prepared and presented; 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 January 26, 2015; and WHEREAS, the public hearing was open for public testimony and no one spoke for or against the application. The applicant was present at the meeting; and WHEREAS, the Planning Commission unanimously (5-to-0 vote) recommended to the City Council that the conditional use permit be granted. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove, Washington County, Minnesota, hereby grants a conditional use permit to allow for a total of three detached accessory structures totaling 3,460 square feet with a maximum building height of 19.5 feet, on the property legally described above, subject to the following conditions: 1. The vegetative screening on the site from adjacent properties and the public right- of way must be maintained to at least 50 percent opacity at all times. 2. The minimum setback distances of the detached accessory structures must be increased five feet (5') for each one foot (1') of height or one hundred (100) square feet of size bringing the required setbacks for the new structure to be a minimum of 102 feet for the rear yard and 72 feet for the side yard. 3. The maximum building height of the new detached accessory structure is 19.5 feet. 4. The maximum square footage for the site for the three detached accessory buildings is limited to 3,460 square feet. Resolution No. 2015-XXX Page 2 of 2 5. Construction/contractor operations and storage activities shall be prohibited in the new building and on the site. 6. In accordance with the ordinance criteria, a garden or tool shed of up to 160 square feet will be allowed in addition to the larger detached accessory structures. 7. If future site development renders the oversized structures nonconforming, the buildings must be brought into compliance or removed as a condition of the development approval. Passed this 4th day of February 2015. Myron Bailey, Mayor Attest: Caron M. Stransky, City Clerk .. .�-� �..�� -�� ° _ * __ ' � • • • . , � � � � 6.1 Marty Accessory Structure — Case CUP2015-001 Linden B. Marty has applied for a conditional use permit to allow for a height increase and the oversized construction of a detached accessory structure by 40 percent (per the ordinance criteria in Title 11-3-3) at 6700 Kirkwood Avenue South. Burbank summarized the staff report and recommended approval subject to the conditions stipulated in the staff report. Linden Marty, 6700 Kirkwood Avenue South, added that the main reason for this application is that he needs storage for a motorcycle and trailer. He will not be operating a business out of the new structure. Rediske opened the public hearing. No one spoke. Rediske closed the public hearing. Brittain made a motion to recommend approval of the conditional use permit, subject to the conditions listed in the staff report. Graf seconded. Motion passed unanimously (5-to-0 vote).