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Home My WebLink About2017-04-24 PACKET 06.1.STAFF REPORT CASE: V2017-014 ITEM: 6.1 PUBLIC MEETING DATE: 4/24/17 TENTATIVE COUNCIL REVIEW DATE: 5/17/17 APPLICATION APPLICANT: Joe Hennen REQUEST: A variance to City Code Title 11-3-3C, Accessory Structure Setbacks, and Title 11-3-3E, Miscellaneous Requirements, to allow a 1,512 square foot accessory structure to be located approximately 68 feet closer to Lamar Avenue than the existing principal structure. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 7910 Lamar Avenue 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: Lot Area = 4.9 acres; Accessory Structure = 1,512 square feet DENSITY: N/A RECOMMENDATION Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. Cottage COTTAGE GROVE PLANNING DIVISION J Grove �e�e Prlde aid prosperity Meet Planning Staff Contact: John McCool, Senior Planner; 651-458-2874; imccool(a).cottage-grove. org Application Accepted:. 3/31/17 60 -Day Review Deadline: 5/30/17 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Accessory Structure Front Yard Setback Variance Planning Case No. V2017-014 April 24, 2017 Proposal Joe Hennen, 7910 Lamar Avenue, has filed a variance application to construct a 36 -foot by 42 - foot (1,512 square foot) accessory structure that is approximately 68 feet closer to Lamar Avenue South than the existing residential structure. The location of the property is shown below: Location Map Review Deadline Application Received: March 31, 2017 Acceptance of Completed Application: March 31, 2017 Tentative City Council Date: May 17, 2017 60 -day Review Deadline: May 30, 2017 Background The applicant's property is located on Lot 4, Block 1, Radke Acres, which is a rural residential subdivision. The City approved this subdivision plat in August 1979. The existing dwelling was constructed in August 1991. Hennen Accessory Structure Setback Variance Planning Staff Report — V2017-014 April 24, 2017 Page 2 of 5 Planning Considerations Ordinance Criteria According to the City Code, the City Council may grant variances from the strict application of the provisions of the Zoning Ordinance and impose conditions and safeguards on the variance in cases where there are practical difficulties or particular hardships in the way of carrying out the strict letter of the regulations. City ordinance requirements for accessory structures within the R-1, Rural Residential District, allows two detached accessory structures (City Code Title 11-3-3). The total square footage of all accessory building(s) cannot exceed 2,500 square feet. The proposed 36 -foot by 42 -foot de- tached structure has a total foundation area of 1,512 square feet. There are no other accessory structures on this property. Additionally, the ordinance specifically states that "no accessory structure shall be located nearer to the front lot line than the principal building on the lot, except where the lot area of the site is five (5) acres or greater. This property's gross land area is 4.9 acres. The proposed ac- cessory structure will setback approximately 110 feet as compared to the 178 -foot setback for the principal structure. The aerial photo below depicts the location of the proposed accessory structure in relation to other accessory structures in the vicinity. The minimum side yard and rear yard setbacks are in compliance. A copy of the applicant's responses to the ordinance criteria is attached. Aerial Photo Hennen Accessory Structure Setback Variance Planning Staff Report — V2017-014 April 24, 2017 Page 3 of 5 Planning Considerations Comprehensive Plan — Future Land Use Designation The future land use map in the City's Future Vision 2030 Comprehensive Plan shows the future land use designation for this property and neighboring properties as "rural residential." The pro- posed variance to the minimum front yard setback regulation will not adversely impact the goals and policies cited in the approved Future Vision 2030 Comprehensive Plan. Zoning This parcel is currently zoned Rural Residential District (R-1). The R-1 District requires a three - acre minimum lot area for residential land uses and a 180 -foot minimum lot width fronted along a public road. The lot area and lot width for this parcel of land are compliant with these minimum development standards. Utilities The subject property is not located within the Metropolitan Urban Service Area (MUSA). The site is currently served by private well and septic system. The minimum acreage for property having a subsurface sewage treatment system (SSTS) is 1.5 acres. Setbacks The variance request if for this proposed accessory structure to be closer to the front property line than the setback for the existing dwelling. The proposed accessory structure complies with the 50 -foot minimum rear yard setback and the 20 -foot minimum side yard setback as required by the development standards for the R-1, Rural Residential district. The minimum front yard setback for structures in the R-1 District is 30 feet. The existing dwelling is about 178 feet away from the front property line. The proposed accessory structure will be approximately 68 feet closer to the front property line than the dwelling, thus providing a front yard setback of approximately 110 feet. Architecture & Landscaping The applicant proposes to construct the detached structure with exterior materials (i.e.; shingles, vinyl siding, and wood trim) that are similar to the existing home. A steel roof is proposed for the accessory structure. The color scheme for the proposed accessory structure will match the applicant's home. Side and Front Building Elevations Hennen Accessory Structure Setback Variance Planning Staff Report — V2017-014 April 24, 2017 Page 4 of 5 City Department and Advisory Commission Comments The City's Public Works, Public Safety (Fire and Police Divisions), Parks Department, and City Administration met on April 12, 2017. Planning staff described the variance application and the construction of the proposed accessory structure. Existing accessory structures in this vicinity were identified on an aerial photo. Because the proposed accessory structure will exceed the 30 -foot minimum front yard setback, all other minimum building setbacks will be complied with, and the dense wooded area in the front yard, City staff supported the idea of granting a variance to allow the accessory structure to be closer to Lamar Avenue than the existing dwelling. No other advisory commission had any comments or recommendations. Public Hearing Notices The public hearing notice was published in the South Washington County Bulletin and mailed to 19 property owners within 500 feet of the property on April 12, 2017. Conclusion The parcel has certain unique circumstances that would support granting the variance. The lo- cation of the existing septic system and private well prevent locating the proposed accessory structure on the south side of the dwelling. The proposed accessory structure cannot be placed on the north side of the dwelling because the 25 -foot minimum side yard setback could not be met. The proposed accessory structure cannot be placed on the side or behind the principal structure without re -grading drainage swales and relocating the sanitary sewer septic and drain - field system. Recommendation That the Planning Commission recommend to the City Council approval of a variance to City Code Title 11-3-3C, Accessory Structure Setbacks, and Title 11-3-3E, Miscellaneous Require- ments, to allow the proposed 36 -foot by 42 -foot (1,512 square foot) accessory structure to be approximately 68 feet closer to Lamar Avenue than the existing residential structure's front yard setback. This recommendation is based on the following findings of fact: A. Location of the existing drainfield/septic system and private well restricts available options for locating the proposed accessory structure on the side or rear of the existing residential structure. B. Accessibility to the rear yard is restricted by the existence of drainage swales around the existing dwelling. C. The proposed location for the accessory structure location is approximately 110 feet west of Lamar Avenue. The front yard is heavily wooded and will generally screen the public's view of the proposed accessory structure from Lamar Avenue. Approval of the variance application is subject to the following conditions: 1. Exterior materials and color of the proposed accessory building shall be compatible with that of the existing dwelling. Hennen Accessory Structure Setback Variance Planning Staff Report — V2017-014 April 24, 2017 Page 5 of 5 2. A building permit for the proposed 36 -foot by 42 -foot accessory building shall be issued prior to any excavation or construction of the proposed accessory building. 3. The accessory structure shall only be used to store the property owner's private property. 4. Living quarters within the accessory structure are prohibited. 5. An additional private access driveway for this property at 7910 Lamar Avenue connecting to Lamar Avenue is prohibited. Prepared by: John McCool, AICP Senior Planner Attachments: • Applicant's Letter • Site Plan • Applicant's response to ordinance criteria 772 Kasota Avenue SE • Minneapolis, MN 55414 Phone: 612-378-7500 • Fax: 612-378-7506 ALLIED__S-UPPLY -------------------------* 772 Kasota Avenue SE - Minneapolis, MN 55414 Phone: 612-378-7500 - Fax: 612-378-7506 a � OCottage Community Development Department Planning Division Grove 12800 Ravine Parkway South Telephone: 651-458-2827 ♦[�? Cottage Grove, MN 55016 Fax: 651-458-2897 �Pe, www. cottage-9rove. or9 E -Mail: planninq(a.cottage-grove.orq 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: Yes No 2. The variance is consistent with the comprehensive plan. Please circle; es No 3. The proposal puts the property to a reasonable use. Please explain. P�c �c '!�PbA 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. Ick bot 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. I, 6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: es No 7. The granting of the variance will not be detrimental to the public welfar njurious to other land or improvements in the neighborhood in which the parcel of land is located, Please circle: Ye 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. 1,9 C, 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 denial. 8 Applicant Name: �6 f Case #: