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HomeMy WebLinkAbout2016-10-24 PACKET 06.1.STAFF REPORT CASE: V2016-055 ITEM: 6.1 PUBLIC MEETING DATE: 10/24/16 TENTATIVE COUNCIL REVIEW DATE: 11/16/16 APPLICATION APPLICANT: Mark Robertson REQUEST: A variance to allow a 30 -foot by 45 -foot detached accessory structure to be constructed in front of the existing house on a parcel of land less than five acres in size. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 10860 68th Street South R-1, Rural Residential Rural Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Rural Residential Rural Residential EAST: Rural Residential Rural Residential SOUTH: Rural Residential Rural Residential WEST: Rural Residential Rural Residential SIZE: Detached Accessory Structure = 30 feet by 45 feet DENSITY: N/A RECOMMENDATION Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; jburbank(d_)cottage-grove.org Application Accepted:. 9/23/16 60 -Day Review Deadline: 11/22/16 City of Cottage Grove Planning Division 9 12800 Ravine Parkway South 9 Cottage Grove, MN 55016 Planning Staff Report Robertson Garage Setback Variance Planning Case No. V2016-055 October 24, 2016 Proposal Mark Robertson has applied for a variance to allow a 1,350 square foot detached accessory structure to be constructed in front of the existing house. The property is located at 10860 68th Street South, which is a parcel of land less than five acres in size. a 7 �ti rTs elm sr s F797 SITE y W _ Q 6a�11 O O Y r 685P CUM 6939 sarH sr s 595c f fi 33G J _ zoTr sr s ?Gaa Location Map Review Process Application Received: September 23, 2016 Acceptance of Completed Application: September 23, 2016 Tentative City Council Date: November 16, 2016 60 -Day Review Deadline: November 22, 2016 Planning Considerations Land Use The subject property is guided for Rural Residential land uses. Planning Staff Report Robertson Garage Variance — Planning Case No. V2016-055 October 24, 2016 Page 2 of 6 Zoning The subject property is zoned R-1, Rural Residential. Single family homes are permitted uses in the R-1 zoning district and accessory structures are a permitted accessory use. Setbacks The standard setbacks for accessory structures in the R-1, Rural Residential zoning district, are identified in the table below. Property Classification Side Yard I Rear Yard Front Yard R1 25 feet F 50 feet -F-Behind principal structure The applicant's variance request is to deviate from the setback regulation of only allowing ac- cessory structures behind principal structures. The applicant is proposing to locate the acces- sory structure in front of the principal structure on property less than five acres in size. The size of the proposed structure is 30 feet by 45 feet. The required side yard setbacks would be met as the structure is proposed to be setback 100 feet from the west side property line and 80 feet from the east side property line. It would be 160 feet from 68th Street along the front of the property. Site Plan Architecture The proposed accessory structure would be a pole structure type construction clad in metal and colored to compliment the principal structure design. Planning Staff Report Robertson Garage Variance — Planning Case No. V2016-055 October 24, 2016 Page 3 of 6 Fri Sidewall: - No Doors Endwall" -16'x16' Overhead 48" DP Structure Detail Property Characteristics The rural residential property is in a secluded neighborhood and is screened with vegetation. The lot has a variety of grade variations as shown below. The extremely sloped areas around the home are one of the stated difficulties in siting the proposed accessory structure in accord- ance with the ordinance criteria. There are numerous mature deciduous and coniferous trees on the property. 68th St S 18th t Neighborhood View Planning Staff Report Robertson Garage Variance — Planning Case No. V2016-055 October 24, 2016 Page 4 of 6 Contours Existing Structures There is an existing 100 square foot shed located on the property, which would be permitted in addition to the proposed pole structure under current ordinance criteria. Ordinance Criteria With any variance request, the Planning Commission must look to the zoning ordinance for guidance and direction. City Code Title 11-2-7: Variances, states that: 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 request 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 difficulties 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 re- quests, 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 find that: 1. The variance is in harmony with the purposes and intent of this title. Planning Staff Report Robertson Garage Variance — Planning Case No. V2016-055 October 24, 2016 Page 5 of 6 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 prop- erty, or substantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. The applicant's response to the ordinance criteria is attached. Public Hearing Notices Public hearing notices were mailed on October 13, 2016, to 21 property owners who are within 500 feet of the site. In addition, the public hearing notice was published in the South Washington County Bulletin on October 12, 2016. Summary The proposed accessory structure does not exceed the number or size permitted in the existing zoning district. The placement of the principal structure does not accommodate for placement of the accessory structure behind it. The septic system location limits placement locations of the detached accessory structure. The mature trees on the site limit placement locations of the detached accessory structure. The steep slopes limit placement locations of the detached accessory structure. The site is heavily screened. Recommendation That the Planning Commission recommends that the City Council grant a variance to allow a 1,350 square foot detached accessory structure to be constructed in front of the existing house at 10860 68th Street South, which is a parcel of land less than five acres in size. Finding of Facts A. The placement of the principal structure on the rear quarter of the property prohibits the placement of the accessory structure behind it. Planning Staff Report Robertson Garage Variance — Planning Case No. V2016-055 October 24, 2016 Page 6 of 6 B. The septic system location limits placement locations of the detached accessory structure. C. The mature trees on the site limits placement of the detached accessory structure. D. The distance and location of the existing home and proposed structure on the property, in relation to the principal structures on the adjacent properties, are at a sufficient distance and location as to not cause a negative impact on the front yard open space areas of those properties. E. The site is heavily screened with coniferous vegetation in the front and along the side prop- erty lines. Conditions of Approval: 1. 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 for the accessory structure. 2. The well and septic system shall be protected during construction. 3. The applicant shall complete the project in a timely manner. 4. Erosion must be controlled in accordance with NPDES. 5. The exterior materials and color scheme of the proposed detached accessory structure must match the principal structure on the property. 6. Construction/contractor operations and storage activities are prohibited in the detached accessory structure and on the site. 7. No exterior storage is allowed. Prepared by: John M. Burbank, AICP Senior Planner Attachments: Applicant's response to the ordinance criteria f� [:��:a�L Community Development Department Planning Division . 5 c:r�ve 12800 Ravine Parkway South Telephone: 657-458-2827 h , ,p,Y� * Cottage Grove, MN 55016 Fax: 657-458-2897 �r MnK-Cotta_g_e rave.rArq E -Mail: plannina aC�,cottagp rave VARIANCE APPLICATION — RESPONSE TO ORDINANCE CRITERIA The Planning Commission and City Council may. recommend a variance from the strict: application of the zoning ordinance, if they find that your application meets the ,findings below. Please provide a DETAILED response to all of the following findings: 1. The variance is in harmony with the purposes and intent of this title. Please /circle: Y / es 4, / c tQ, -7" 2. The variance is consistent with the comprehensive plan. Please circle: a--�� No 3. The proposal puts the property to a reasonable use. Please explain. 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances: S6? 6a v ` 5. 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 classifications. Please list the conditions that are unique. 5. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: Ue / No 7. The granting of the variance will not be detrimental to the public welfareEes" jurious to other land or improvements in the neighborhood in which the parcel of land is located. Please circle: No 8. 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. Please identify any potential impact the requested variance may have. Economic hardship is not regarded by the Courts as a reason for.approval.'Neighborhood. support or opposition, without any basis of facts, is not regarded by the Courts as reason for either approval or den'al.a Applicant Name: �� mss' /�5a� Case#: f Variance Application 1. No, the variance is not in harmony with the purpose and intent of this title, the building will be built in front of the house. Z. Yes the variance is consistent with the comprehensive plan, the building will be built following the accessory structure performance standards of property classification R-1, except in front of house. 3. The pole barn would be used to store my lawnmowers, boats, motorcycle, ladders, tools, truck and miscellaneous items. 4. The back part of the property is hilly and tree covered, home was built 50 feet from back property line, septic and drain field in front of home, well put in off of northwest corner of home. Terrain slopes down from the home in front and both sides, elevation goes up in the back. A contour map from Washington County's survey and land management division is included to show the terrain elevations of the lot. 5. The unique condition of this parcel of land are the elevation differences and the placement of the house, well, septic and drain field on the lot. 6. The purpose of the variance is not based exclusively upon a financial hardship. 7. The variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood. 8. This proposed variance is being made on a 3 acre lot off of a private road in a rural area with a property classification of R-1. I do not believe that there is any potential impact to the public or my neighbors.