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Home My WebLink About2016-05-04 PACKET 07.L. Cottage J Grove ��er� Pride and Qro�P�rity Me�t Clt�/ COUI'1CII CONSENTAGENDA Acfion Request Form �'L' Meeting Date 5/4/2016 Department Community Development Title of Request Zwakman Garage Variance Staff Recommendation Adopt Resolution 2016-088 approving a variance to allow a 540 square foot detached accessory structure on a residential property less than five acres to be located closer to the front property line than the principal structure at 7156 Granada Avenue South. ATTACH MENTS: Description Type Upload Date Zwakman Garage Variance CC memo Cover Memo 4/28/2016 Zwakman Garage Exhibits Exhibit 4/28/2016 Zwakman Garage Variance Resolution Resolution 4/28/2016 Zwakman Garage Variance PC minutes excerpt Backup Material 4/28/2016 Cottage � Grove �here Pride and PrOSPerity MeeY TO: Honorable Mayor and City Council Charlene Stevens, City Administrator FROM: John M. Burbank, Senior Planner DATE: April 27, 2016 RE: Zwakman Accessory Structure Variance Proposal Peter Zwakman has filed a variance application to allow a 540 square foot detached accessory structure on a residential property less than five acres to be located closer to the front property line than the principal structure at 7156 Granada Avenue South. .:sa;�. �� .; � N . s z� z iviH�i s +�_! A.� �'��s •��. +y4 w�* ��. `i.�;� �A., # � �'� � t '� � ��.� �ij. �� u ��; .;-.,`!.. �y�, ..�. "'�1iT ! ' �.�'�. o/�9 �� 4 �� .�'. ��M. N ..� .`� . ...k T ^�ti_' a l .. 1�..: � �` f �� by" i,�•. . -?'��'.. 1 4 fT [ . y P.. ti oa � � � n , . , A�� . � r� l•• i�.yr� r: A�r 5 �,.K' ..` $�TE � =� �.�Tt 1 �' J'F`.� . _ 'x l k- 'v,yr , - jj '',,� f j .�� .� �s9` c,�y2 y . t ��y� »-Y R. 9O f:h � y �. ��,.. . �. . �4VF� r. +��yr� }�•.� .��} }�-� ��J�� a� �1+ �'�• �L. r t . *.� "" � _ �'.� i � P � F�:,r<K '1�„ ^,�'�-i � . ? . � �..'-0�,�. A _:� (G- ,�.; 5,..�1;�}.� � ��.:. '^ 1 �' . '�,js.�K�`�' 'T a J,an,nve - . � ��'.�jl-t'�S � -� t �u.�> < �` q.�'q ,!,�{ O �f.�'" .f ?� ` �. k� � �i'✓ �T, a. �q�P ',� t S Location Map Site Ortho Photo Review Schedule The application was received on March 18, 2016. The application was deemed complete on March 20, 2016. The 60-day application review expires on May 19, 2016. The 120-day review extension date is July 18, 2016, if exercised. Planning Commission The Planning Commission held the public hearing and reviewed the variance application at their meeting on April 25, 2016. There was no testimony given at this public hearing. Written support of the application was received from Mr. Zwakman's neighbor. The Planning Commission unanimously (8-to-0 vote) recommended that the City Council approve the variance. Honorable Mayor, City Council, and Charlene Stevens Zwakman Accessory Structure Variance April 27, 2016 Page 2 of 6 Planning Considerations Comprehensive Plan— Future Land Use Designation The future land use map in the City's Future Vision 2030 Comprehensive Plan shows this property to be guided Rural Residential. The proposed development is consistent with that designation. Zoning This parcel is currently zoned Rural Residential (R1). The proposed use is consistent with that zoning designation. Existing Site Conditions The site is 1.64 acres and heavily wooded. There is an existing concrete pad in the location of the proposed structure. This pad was constructed in 2015 by a contractor that did not obtain a building permit from the City. The applicant discovered this fact when he came in to obtain a building permit for the construction of the accessory structure on the concrete pad and was notified that a permit could not be issued without a variance because the property is less than five acres and the accessory structure would be located in front of the principal structure. � � '�` 1. � ., � �' � ' � ...- � l ,.ni S.. _ �1'.�w t' .K�;. �'�. ,+ ��y� - � --} i�.. ` T^.(,'d�i�t i �. {� + �1''1. .� ' � 'r{! 'l� Y i�� ^ I � '.1„R � tP� "!T- 1�� N�� J �_ � - S t-�,� t � � _u i, ( •{ '�� 3J '{ .. Y j ,tr ,�f.,;� i"ti d"t,� �y � ��\f; J� �.A �`� �� f �l �"� ; + ; a '' � ��" .�*' . .i�� a � � � : ' � �� - `*r �` ..n�7,:. :r.��...i �y�' _ ,�;t, r 1 ,�� ; "� a�� ,� _� k, .. . ,/r. �(,�"` � `� j.�. , '`. �_.;,� � ., , .� ` ,R „s . �-��'��- �i�� .�°� �,� �,� _ - � �.�� ,: � , � �' �� „� + f� ` � 1 ` �}t,`r Y£� �� , i�i i�. �..; � :� � 1 i. . _ ....v-� ` . L, I ' `'� f l ��-•It. �.9 �� ' ..� �' . .. � ..1 � ] �� S�� . f _ .- , t . l i. ' i y{ ' .�-�� - 7�.�-.y�., � �, r r,;i. �`� , �,;�"a`� >w� �� ,� � - �y� " � f��' f, � �i x�;�,, t . �. �,ag',:�a�`�� `�� ', ,,; , rGC'`` ,. ,i,�. � �/�6 � , ;' �: ( • :a - ' , � ;�.: �!_ ��; � '; �..��` � �: ' �r � a. j '�"'�I t . ��` �'�. ' n. � • �� '.•�}r �� y1�",'�� i, , � � 1 �'R I S4. -,,,�r ` � ` � / _ �� ;I ;;Y �1 • , � i r � , ��' 1 � .��"� } ; ° � , t ' ��" � ��+� ��-� � ,��/� �;� �' '� 'i��G �, �}�,` � � �_ � ��1' ..i 1 , :- .i �r��: � ,�.-��«� a��.^_) r�y �. �•,1p��-.. �t:�. -!� �� t .�. �.�� _ �i! f_ ,�"'�"h��,. .t .. 4 i I S '- i . �i - f ti �� - T� � 'l- �� '� � �'�v � � ` �:°�1 ttt'�' � 1 l�-� ��E. h �. r ' � ��• ' � � 4 �r� `` { +�� k� J � �;.'�} � ri `e �� '� � F'i.� �i� +� �„r �;� �Iti ^tiT `�tl' � �� a �._ . '�'-_ 1 _ C,. �1, ',y� � i ��, �,,,, � )j� =,-; r " ( _� � � '"�' ��'Xy, ��'� I t1.: �,1`,�f�4 � l^�\�T'��' .{'�� r� �-�� LAr � ' , • a. . 7 . ,i�[ *i. < �:� � �.�� -� �p. . ,�a. ��" , :..�,. �, �-.� ?t.-�.., �� .. +1� �, _ .. � � .. ,t�� P � � � � .. �i �� }` j •�;- i �' � �'1 Grdnada Ave S � ,�' r. , � � f. � � i � ,; � n1 , *— � t =,b� 4� , i�' ! � � }� r , �P. � �s `.. i�� ` ��,;� 1 �` i� �Y;, �`�' � �F��- �l,� l 1 { - � V j,.� r y �' .� �1� ��,1 r �:.�� +,x f �i..t' j;�=-•�d.�'� i. '� Setbacks The proposed structure meets the 20-foot side yard and 50 foot rear yard setback requirements, but due to the use being proposed in front of the principal structure, a variance request has been made. In the past, the City has granted similar requests when rural sites less than the required five acres are heavily wooded, or there were conflicts with mature trees, septic areas, or steep slopes. Honorable Mayor, City Council, and Charlene Stevens Zwakman Accessory Structure Variance April 27, 2016 Page 3 of 6 iY6B°38%9'E 270.02 m} i: •-i�a=.. � �:o �� f � 1 � I � � ^ �, � � � � , I �, 1 � f �ti � `�� q. 4 ' � �� i ' c� { � � a.... R�` Q9� �89�.4� � � `-.Q: -•sr-\--'_�g�D•9 g� I e�,i; " ,. � . P�o�a,r+� f-1.�---� (0 3` -��' .xxF'� ;� _�� o, ; \ 1 � ' ; --�-- - ,'�u� � 0�� °.n'a1r� y �i pa�'t� { � Cu.n9� � o� I � � :;� Q,iieNv,ti�� Ih ,��ry i ��----- A . � � A -s2(e�iil,•�'� t ov� 3. ..� � �. � 8 0�f e e t �- I _ ,��5 0 r e e t ° �$ I �1 `~v ` � 1 p ''�' 22 Feet..i3ai.. ; ' ` i �' �f � I J � E�e�'''� .�io�os�o� I 29 '4'Sq � ` Yo�o Of 6, 8 � 6'�oS4 G'oroyr � N��/��1� tR�.Jrrllenf 4 v ro � F NOTE: No Searc , � ra'�p�° i_': '• FOr Any Site Plan with Proposed Setbacks Architecture The structure's architectural style and exterior finish materials are proposed to match the principal structure, which is consistent with current ordinance criteria. Utilities The subject property is located outside of the Metropolitan Urban Service Area (MUSA) and is adequately served by private well and septic. The proposed use does not conflict with the septic system location on the site. Parking The proposed use would provide for additional indoor parking opportunities on the site. Variance Ordinance Criteria With any variance request, the Planning Commission and City Council must look to the zoning ordinance for guidance and direction. Title 11-2-7: Variances, states that: Honorable Mayor, City Council, and Charlene Stevens Zwakman Accessory Structure Variance April 27, 2016 Page 4 of 6 A. Authority And Purpose: The council may grant variances from the strict application of the provisions of this title and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations of this title. D. Consideration By Planning Commission; Recommendation: Before authorization of any variances, the re- quest therefor shall be referred to the planning commission, and for its recommendation to the city council for the granting of such variance from the strict application of the provisions of this title so as to relieve such practical di�culties to the degree considered reasonable without impairing the intent and purpose of this title and the comprehensive plan. The planning commission shall recommend such conditions related to the variance, regarding the location, character and other features of the proposed building, structure or use, as it may deem advisable. The planning commission shall make its recommendation within sixty(60) days after the request is referred to it, unless the applicant requests, in writing, that an extension of time for review be granted by the planning commission. The planning commission may recommend a variance from the strict application of the provision of this title, if they�nd 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 �re, or endanger the public safety. The applicant's response to the ordinance criteria is attached. The City's Technical Review Committee reviewed the request based on the ordinance criteria, and supported the request. The applicant has submitted a letter of support from the property owners directly to the south and adjacent to the proposed use. This letter is attached. Tratfic/Access The proposed use will not increase traffic in the neighborhood, nor will it modify the existing access location with the public right-of-way. Pedestrian Access Not applicable with this application. Honorable Mayor, City Council, and Charlene Stevens Zwakman Accessory Structure Variance April 27, 2016 Page 5 of 6 Surface Water Management The proposed use is below the threshold of additional impervious surface that would require additional stormwater management improvements. Grant opportunities are available through the County Soil and Water Conservation District for residents seeking to voluntarily improve water surface management practices on their sites. Tree Preservation No trees are proposed to be removed as a component of the request. Landscaping With setback variance requests, the City has required additional landscaping screening be planted to offset any negative visual impacts from the proposed use. In this instance, the site is heavily vegetated, so that would not be necessary. � t �. , '� !, f r �•��t '` , �•}� ; �' � � r fL � ,� . �VM� ' •'� ��it�a�iT1 t��lr�Al {a~lr�,• 111 .: ' ' �• _ �•.', �'_ z♦ .e h.ti�. � , t,,,- 4:r;� a. , r;' � , ,�` ' / ` .stii• �'� _�.,"�R y '�. • - ��;-� �1<?~ '��- �' ' �. '• - �.� •�..✓ .x- .rr;�, . � s. T 7 � �� 7�' �� 'rt� "'�r1¢ _;�.r.'4 4�� . .i�� i�ar�l.r�'�� ' - ��. e: u� • , . � . - � � •+V►•{ '+r` V� •• � � R` . "�' � � '� l-_i. ��, a �'?' . '� � •,,�„ , 7 /.,.� �� Y, '� ,I , ti� .' � �� . . � — '- ' . � i .•�..�' � .i�, ��' ,b •�r . �i.�t , � � ' ' �� •�_ ti !��. . • �� 'l�`+� . ••w�•�a H� .�• ��`I�. _ ; .. ��"C/�i- ;.+::.�.�• �.�, .1 ► . � �, '�',;,T�'► ' �.��, j: :�� ' ��7�' ' . , . . ' r� � 1�• 'r.�'�' _i� +;' � i:i .. � .t�� +�. - �_;��"a �� _ .��-� J f :i 's - , ,' ' �. . �i= ` _ J' � , � ��`Jr� ;� • 7* `«��i`� �'�'yj S ��i�.��^ , ."r ` . �t. *, j� � . , 'f� '�, �.C• ,'��c �-' � 7� ,h� .,�4t ,.: - {I t r.� �. s.'- ``.t �t' , - q��' - - r, � t � t� ��' ' - - _� } : A�-�x,��{• t ��''�' � .'.. �, �� • C Qnete�9aii ti� ' �, r� �,,�� "' �' • �1. ,,`c�rraY�;T�'?t"..�- .�.:,- . � .�'c. �i • ,�..'. t..y rr.. `'� _}.Ti�.L }�..� ��".`� ,.� . t��i�^ �� „ i� �i ,�� 1f�,'�. ,j •ti. _' #�, �� . r ;t, �;R� . t ��'a�t � . _�'ti�lk� �r'%�i`r L ,;.-;�,_w•'� r, , .• _ . . '�: . � �Q�'�. Y...{'. `�,ar� L � � .1` . (� '� �a ��;. � . i ip�� Y. t � : 1 {.� ,��C. r ♦.'.} ., ��`_ ,...lj r.j,��,� • � 'Y �;�1+ • � ` • •I r ��''��` ..1� �c' t` ' ..td, V?�`�!`" ��2t'r �"� .( • � ..( �4 ' �• �r � �; � { �+�� , �•�7�•r^+�-�i, ��' �- ' : -a��•.'� . ��1 S� '��' �1:, i'i� �.'` , .F '.�'r 3''t L��.'4�,• % ��i , 1 � . 'i �jr.�� w' �.- +� � � Y. . , q j��-.l - .`� �Pl:y�► 11 '�-�Z� (;i � � � '�jr I� 1'. ._ y4�'� t, /` ' il '', .[v•t'k�_ f .tr t !� ' l��!�t•;; ' ' ` T��.1�.:�a � � � ..+ . ��n I�,��+ ��.'. ✓�•�� , �: -��c��;�� it,.,��•L- �I�.t ...�Y � �' ' � � �j `f ' n'R -, '. . ' ! .�'7�r� , ;K•r' i ,L �y� ` . F�ti' , .J s'�t � �+r� M��r. C t iy,:. .,�: i:�.. < ., �� '? �' d•. .�� • --r}-f. ��, . , Area Charges The payment of the required area charges for the parcel were satisfied with the platting of the property. Park Dedication The payment of the required park dedication requirement for the parcel was satisfied with the platting of the property. Public Hearing Notices The public hearing notice was published in the South Washington County Bulletin on April 13, 2016. Public meeting notices were mailed to the 27 property owners who are within 500 feet of the property on April 14, 2016. Honorable Mayor, City Council, and Charlene Stevens Zwakman Accessory Structure Variance April 27, 2016 Page 6 of 6 Summary • The proposed use is compliant with the City's Future Vision 2030 Comprehensive Plan. • The proposed use is permitted under the current zoning classification for the property. • The proposed development is adequately served by private utilities. • The construction of the detached accessory structure in the proposed location is dependent on an affirmative action of the variance. Findings The findings of fact for a favorable recommendation that were considered during the review were identified as follows: A. The property does not meet the required five-acre minimum, but it is a rural designated lot that is over 1.5 acres in size. B. The proposed size of the accessory structure is a permitted use in the properties zoning district. C. The lot, including areas between the proposed structure and the closest adjacent property, is densely vegetated. D. Alternative locations behind the principal structure would conflict with the septic area for the site and mature trees. E. There is existing vegetation between the proposed location and the public right-of-way that will reduce any potential negative impacts to the neighborhood. F. The applicant was not aware that the contractor constructing the concrete structure pad without a City Building permit, which had it been applied for, would have verified the intent, placement, and future use of the pad. Recommendation That the City Council approve the variance request to allow a 540 square foot detached accessory structure on a residential property less than five acres to be located closer to the front property line than the principal structure at 7156 Granada Avenue South, based on the findings of fact and subject to the conditions listed in the attached draft resolution. 2016 PLA.NNING COMMISSION fr It illld{%�\ir e i_�i'�ii ,,v'�1 � I � — —- 3/18/2016 REC�I�� I'ei��r L��ial:rn�a i ci��plicuiioi� f��r vcu�icai ice; IYIAR � B �� CI�'`(QF CO1�ivAt;E GROVE_ To whom it may concern- `�` �� w �� In Regards to Variance (pre-construction) I would like to take this opportunity to thank you for considering my application for variance. The project in question would be a free standing garage that I would like to build towards the front of our property. There are two reasons why I am asking permission for this project. The first being that our property is bordered by old growth oak trees and I want to avoid cutting any trees to provide space for a garage. The second would be the difficulty in obtaining access to a garage in the back as our house is built on a lot that is essentially a hill with the slope descending toward the back of the lot. I have filled out the Planning Application with all the required information from the city and have submitted that with this request. I have also included a letter of acceptance from my neighbor that the garage would be built next to.There is no need for further letters as these lots are heavily wooded and the garage would not be viewable from any of the other neighbor's lots. Please let me know if there is any further information you need from me. I can be reached by e- mail at or by cell at 612-940-0594. Thanks for your consideration Peter Zwakman application for variance 7156 Granada Ave S Cottage Grove MN 55016 ��r�w��Crrr�r� �r�er�: Thomas 8t�(ristine Burbanfc ad��rvi�w@cc�mcast.net> S�rrt: Thursday, March 17, 2015 5:24 PM To: Peter Zwakman ; �ubj��t: 7220 Granada Auenue 5 ' i Pet{', Thank you fc�r sfiop�ing by to discuss yc�ur garage plar�s. IN�believe it will enhance the prt�perty and I4a�C forward tQ ; seeing the finish�d product with fhe+quality J�mes FEardie siding to match y�ur home. Thornas 8� Kristine Burbank � I � I � i � I � � � i � 1 � I i ; � 1 I ��S��C[C�t�h1?��c�tJ�ld ��n� � � � � � � � � � � � � � � � � � � � � � � � � � � � � � � i � � (au�-��adaa��uoad} � � �� , ; � � � �: � � � � � � a � a � m � ,� a m � � i � �� v � � ..� �� . � �� .�� -� �� i � �� .�� aui�,C�.iadoad aea�} �#��o.td.�nc��c� sau��do.�d l �s��au a�� o�� u�}s�p pu� `suo�suauf�p `uo��a� a�� nnc��aq ur�.a6�ip e�� uo a��E�u� es�al� ___.w--W---- ----�--�--�-._.. _._ _____._____ i � �� :_..�.___._� . _.,..._._____.__.�__,....___..._�.�..._�.�__.___ � � �._ �_ _. .�._ �...__._..�__. -�.---�..�..�..._ RESOLUTION NO. 2016-XXX A RESOLUTION GRANTING A VARIANCE TO ALLOW A 540 SQUARE FOOT ACCESSORY STRUCTURE TO BE CONSTRUCTED IN FRONT OF THE PRINCIPAL STRUCTURE AT 7156 GRANADA AVENUE SOUTH WHEREAS, Peter Zwakman applied for a variance to allow a 540 square foot accessory structure to be constructed in front of the principal structure, on property legally described below. Lot 1, Block 1, Hidden Oaks 1st Addition, Cottage Grove, Washington County, State of Minnesota. Commonly known as 7156 Granada Avenue South, Cottage Grove, Washington County, State of Minnesota. WHEREAS, the Planning Commission reviewed this application at their meeting on April 25, 2016; and WHEREAS, a planning staff report which detailed specific information about the property and the variance application was prepared and presented; and WHEREAS, the Planning Commission reviewed the variance criteria and findings of facts established by the Zoning Ordinance for granting a variance; and WHEREAS, public hearing notices were mailed to property owners within 500 feet of the property and a public hearing notice was published in the South Washington County Bulletin; and WHEREAS, the public hearing was open for public testimony and testimony from the public was received and entered into the public record; and WHEREAS, the Planning Commission unanimously (8-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 allow a 540 square foot accessory structure to be constructed in front of the principal structure, on property legally described above. Granting this variance is based upon the following findings of fact: A. The property does not meet the required five-acre minimum, but it is a rural designated lot that is over 1.5 acres in size. B. The proposed size of the accessory structure is a permitted use in the properties zoning district. Resolution No. 2016-XXX Page 2 of 2 C. The lot, including areas between the proposed structure and the closest adjacent property, is densely vegetated. D. Alternative locations behind the principal structure would conflict with the septic area for the site and mature trees. E. There is existing vegetation between the proposed location and the public right-of- way that will reduce any potential negative impacts to the neighborhood. F. The applicant was not aware that the contractor constructing the concrete structure pad without a City Building permit, which had it been applied for, would have verified the intent, placement, and future use of the pad. BE IT FURTHER RESOLVED, the recommendation for approval of the variance is subject to the following conditions: 1. All applicable permits (i.e.; building, electrical, grading, mechanical) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. 2. The architectural style and exterior finish materials for the structure shall be the same design, material, and color palette of the principal structure. 3. The location of the structure shall be consistent with the location identified in the Planning Staff Report for Case V2016-033. 4. No expansion of the structure will be permitted without additional review before the City Council and general public. 5. The conversion of the structure into habitable living space is prohibited. Passed this 4th day of May 2016. Myron Bailey, Mayor Attest: Joe Fischbach, City Clerk EXCERPT FROM UNAPPROVED MINUTES OF THE APRIL 25, 2016, PLANNING COMMISSION MEETING 6.1 Zwakman Garage — Case V2016-033 Peter Zwakman has applied for a variance to allow an accessory structure on a residential property less than five acres to be located closer to the front property line than the principal structure at 7156 Granada Avenue South. Burbank summarized the staff report and recommended approval based on the findings of fact and subject to the conditions listed in the staff report. Brittain opened the public hearing. No one spoke. Brittain closed the public hearing. Fox made a motion to approve the variance based on the findings of fact and subject to the conditions. Graff seconded. Motion passed unanimously(8-to-0 vote).