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Home My WebLink About2015-04-27 PACKET 06.2.Planning Staff Report Gallo Property: Expansion of a Nonconforming Use Accessory Structure Addition Case CUP2015 -011 April 27, 2015 Proposal Darrick Gallo has applied for a conditional use permit to allow for expansion of a legal non- conforming use to include a 992 square foot addition to an existing 1,008 square foot detached accessory structure at the current setback lines and structure height for a total of 2,000 square feet at the property located at 11645 Point Douglas Road South. The existing non - conforming structure does not meet the minimum required setbacks for the R -2 zoning district. Location Map Planning Staff Report — Case CUP15 -011 Gallo Accessory Structure Expansion April 27, 2015 Page 2 of 6 Review Process Application Received: April 6, 2015 Acceptance of Completed Application: April 6, 2015 Tentative City Council Date: May 20, 2015 60 -Day Review Deadline: June 5, 2015 Land Use and Zoning The applicant's property is currently guided for Rural Residential. An excerpt from the 2030 Land Use Map is detailed below. P4M LMES wuy,.w,w. xuem h..n L USE qwa r� m.awaama Lo.w uww«.ei I Lwa �.q�w�.ryneuewa I I..wu.. � uwu,aa � n.,va.rw. � aummw.a..saY. �ww.w l� Muuya ana Land Use Map Excerpt The zoning of the property is R -2 Residential Estate, and it is currently developed with a de- tached single- family residential house and one accessory structure. The property is on private well and septic. Property Characteristics Most of the property is flat with a gradual downgrade slope toward the north end. A variety of trees are located on the site. The applicant's .65 -acre rural residential property is located west of Highway 61 in the Pine Coulee /Countrywood neighborhood outside, of the 2030 Metropolitan Urban Service Area (MUSA). The area is in Development Staging Five, which is a post -2030 urban development area. The 2020 MUSA as identified on the map below is the active MUSA area which corresponds to Development Staging Areas One and Two within the community. Metropolitan MUSA Map Excerpt L Metropolitan MUSA Map Excerpt Planning Staff Report— Case CUP15 -011 Gallo Accessory Structure Expansion April 27, 2015 Page 3 of 6 The installation of new private wells are allowed in this area under current development policies 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 restricted to 20 -acre minimums by ordinance. No addi- tional well or septic improvements are proposed with the planned building. The applicant's current lot size is legal non - conforming as the lots were plated prior to the current zoning ordinance. Background The applicant recently purchased the property and is seeking to build an addition to an existing detached accessory structure to bring it to the maximum square footage permitted in the zoning district. The established maximum standards for accessory structures in the R -2 zoning district is up to two accessory structures for a total of 2,000 square feet and one smaller garden or tool shed less than160 square feet. The existing detached accessory structure is 1,008 square feet. The original building permit from 1977 identified a five -foot setback for the structure. In 1993 a building permit was issued for reconstruction of the shed in the same location. The current as- sumed setback by the property owner and adjacent neighbor is 10 feet. There is a chain link fence, a wooden fence, and a concrete slab in the existing established side yard setback area. The existing rear yard setback for the accessory structure appears to be 15 to 16 feet when 20 feet is required, but the structure was constructed at that distance under different ordinance cri- teria. The structure is classified as a legal non - conforming use based on this fact. Leading to the ambiguity of the property line location is a 1975 Council approval allowing the detached acces- sory structure at 11667 Point Douglas Road to be five feet from the side property line. The distance between the two detached accessory structures appears to be 20 feet. Based on the inconsistency with property owner information and County orthophoto imagery, it is recom- mended that a two point survey along the referenced common property line be required with the conditional use permit. This would create a permanent record of what the actual setback variance distance is. i�i�••FFkXMM v -�n i � t r the existing established side yard setbaCK area Planning Staff Report— Case CUP15 -011 Gallo Accessory Structure Expansion April 27, 2015 Page 4 of 6 Ordinance Requirements The current ordinance criteria, included below, identifies how the City and property owners may address non - conforming uses. In this case, the applicant has chosen to make application for the accessory structure expansion based on Title 11 -3 -1 C. 11 -3 -1: NONCONFORMING USES AND STRUCTURES: A. Continuation Of Nonconformity: Any nonconformity, including the lawful use or occupation of land or premises existing at the time of the adoption of an additional control under this chapter, may be continued, including through repair, replacement, restoration, maintenance, or improvement, but not including expansion, unless: 1. The nonconformity or occupancy is discontinued for a period of more than one year; or 2. Any nonconforming use is destroyed by fire or other peril to the extent of greater than fifty percent (50 9 1 o) of its market value, and no building permit has been applied for within one hundred eighty Planning Staff Report — Case CUP15 -011 Gallo Accessory Structure Expansion April 27, 2015 Page 5 of 6 (180) days of when the property is damaged. In this case, a municipality may impose reasonable conditions upon a zoning or building permit in order to mitigate any newly created impact on adjacent property or water body; or 3. A conditional use permit is issued by the city. (Ord. 920, 11 -6 -2013) B. Subsequent Use Must Be Conforming: Any subsequent use or occupancy of the land or premises shall be a conforming use or occupancy. A municipality may, by ordinance, permit an expansion or impose upon nonconformities reasonable regulations to prevent and abate nuisances and to protect the public health, welfare, or safety. This subsection does not prohibit a municipality from enforcing an ordinance that applies to adults only bookstores, adults only theaters, or similar adults only businesses, as defined by ordinance. (Ord. 773, 6 -15 -2005) C. Expansion Of Nonconforming Uses And Structures: The city may, by conditional use permit allow for an expansion of a legal nonconformity, including the lawful use or occupation of land or premises. The city may impose reasonable conditions in order to protect the health, safety and general welfare of the community or adjacent properties. (Ord. 920, 11 -6 -2013) Planning Considerations The applicant intends for the new addition to match the construction design and exterior finish materials of the existing detached accessory structure. The color scheme is compatible with the existing residence. Public Hearing Notices Public hearing notices were mailed to the 18 property owners who are within 500 feet of the property. These notices were mailed on April 16, 2015. Planning Staff Report —Case CUP15 -011 Gallo Accessory Structure Expansion April 27, 2015 Page 6 of 6 Summary 1. City Code Title 11 -3 -1C allows for expansion of a non - conforming use by conditional use permit. 2. The structure has existed in the current location without any known adverse impacts. 3. The addition would not compromise the current well or septic locations. 4. A two point survey will be required to establish the exact setback variance distance. Recommendation That the Planning Commission recommend that the City Council approve a conditional use permit to allow for the 992 square foot expansion of an non - conforming use to allow for the ex- pansion of an existing 1,008 square foot detached accessory structure at the current setback lines and structure height for a total of 2,000 square feet at the property located at 11645 Point Douglas Road South, subject to the following conditions.: 1. Prior to submittal of a building permit, a two point survey shall be completed along the east side property line. 2. All applicable permits (i.e.; building, electrical, grading, driveway, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any con- struction activities on the addition. 3. The well and septic system shall be protected during construction. 4. The applicant shall complete the project in a timely manner. 5. Dust and erosion must be controlled in accordance with proper stormwater BMPs. 6. The exterior materials and color scheme of the proposed attached addition must match the existing structure. 7. Construction /contractor operations and storage activities shall be prohibited in the detached accessory structure and on the site. 8. No exterior storage is allowed. 9. The driveway access to the accessory structure is permitted in the existing location. Prepared by: John M. Burbank, AICP Senior Planner