HomeMy WebLinkAbout2017-05-22 PACKET 07.3STAFF REPORT CASE: V2017-015
ITEM: 7.3
PUBLIC MEETING DATE: 5/22/17 TENTATIVE COUNCIL REVIEW DATE: 6/7/17
APPLICATION
APPLICANT: Bruce and Marcene Pylkas
REQUEST: A variance to City Code Title 11-3-3C, Accessory Structure Setbacks, and
Title 11-3-3E, Miscellaneous Requirements, to allow a 2,500 square foot
accessory structure to be located closer to the front property line than
the principal structure.
SITE DATA
LOCATION:
ZONING:
GUIDED LAND USE:
9744 Kimbro Avenue South
R-1, Rural Residential
Rural Residential
LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED
NORTH: Rural Residential Rural Residential
EAST: Agricultural Agricultural
SOUTH: Rural Residential Rural Residential
WEST: Parks/Open Space Parks/Open Space
SIZE: Proposed Accessory Structure = 2,500 square feet
DENSITY: N/A
RECOMMENDATION
Approval, based on the findings of fact and subject to the conditions
stipulated in this staff report.
Cottage
rove COTTAGE GROVE PLANNING DIVISION
J G
4% ere pride 3"6, rOsperity Meet
Planning Staff Contact: John M. Burbank, Senior Planner; 651-485-2825; jburbank(uD-cottage-grove. org
Application Accepted:, 4/25/17 60 -Day Review Deadline: 6/24/17
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. V2017-015
May 22, 2017
Proposal
Bruce and Marcene Pylkas, 9744 Kimbro Avenue South, applied for a variance to City Code
Title 11-3-3C, Accessory Structure Setbacks, and Title 11-3-3E, Miscellaneous Requirements,
to construct a 2,500 square foot metal pole building accessory structure (approximately 62 feet
by 40 feet) that would be located approximately 150 feet from Kimbro Avenue, which would be
closer to the front property than the primary structure that is planned to be constructed toward
the rear (north) of the property.
Location Map
Review Deadline
Application Received: April 25, 2017
Acceptance of Completed Application: April 25, 2017
Tentative City Council Date: June 7, 2017
60 -day Review Deadline: June 24, 2017
Background
The applicant's property is located on Lot 2, Block 1, Stewart Addition, which is a rural residen-
tial subdivision. The City approved this subdivision plat in February, 2016. The principal struc-
ture is planned for construction in 2017. The existing structures on the property consist of two
Pylkas Accessory Structure Setback Variance
Planning Staff Report — V2017-015
May 22, 2017
Page 2 of 5
former farmstead outbuildings and are planned to be removed as part of the construction of the
planned 2,500 square foot accessory building.
I
r
t
.A .
r� -
f
r
i�
11 i I a
AL
� r41111
r
� fr
r r A
r� f
lI
Ia
preliminary
plan
not f or
construction
1�r _
Aerial Photo
Pylkas Accessory Structure Setback Variance
Planning Staff Report — V2017-015
May 22, 2017
Page 3 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.
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. Please identify
these circumstances.
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.
6. The purpose of the variance is not based exclusively upon a financial hardship.
7. 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. 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 en-
danger the public safety. Please identify any potential impact the requested variance may have.
City ordinance requirements for accessory structures within the R-1, Rural Residential District,
allow 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 accessory building will be
2,500 square feet. The two existing accessory structures on this property will be removed.
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 3.58 acres. The proposed ac-
cessory structure will setback approximately 150 feet as compared to the approximate 420 -foot
setback for the principal structure. The aerial photo above depicts the location of the proposed
accessory structure in relation to the proposed principal structure. The minimum side yard and
rear yard setbacks are in compliance.
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 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. Accessory structures are permitted in this zoning district.
Pylkas Accessory Structure Setback Variance
Planning Staff Report —V2017-015
May 22, 2017
Page 4 of 5
Utilities
The subject property is not located within the Metropolitan Urban Service Area (MUSA). The site
will be served by private well and septic system. The minimum acreage for property having a
subsurface sewage treatment system (SSTS) is 1.5 acres. Location of accessory structures
cannot be in a SSTS drainfield location.
Setbacks
The variance request is for this proposed accessory structure to be closer to the front property
line than 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 de-
velopment standards for the R-1, Rural Residential District. The minimum front yard setback for
structures in the R-1 District is 30 feet. The proposed accessory structure will be approximately
270 feet closer to the front property line than the proposed dwelling, thus providing a front yard
setback of approximately 150 feet.
Architecture & Landscaping
The applicant proposes to construct the detached structure with exterior materials that are simi-
lar to the planned primary structure.
City Department and Advisory Commission Comments
The Technical Review Committee met on May 2, 2017. Planning staff described the variance
application and the construction of the proposed accessory structure. Existing accessory struc-
tures in this vicinity were identified on an aerial photo. Because the proposed accessory
structure will exceed the 30 -foot minimum front yard setback and all other minimum building
setbacks will be complied with, City staff supported the idea of granting a variance to allow the
accessory structure to be closer to Kimbro Avenue than the proposed dwelling structure.
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 May 10, 2017.
Conclusion
The parcel has certain unique circumstances that would support granting the variance. The lo-
cation of the planned septic system and private well, dimensions of the rear of the property, and
rolling terrain prevent locating the proposed accessory structure on the west side of the dwell-
ing. The proposed accessory structure cannot be placed on the north side of the dwelling be-
cause 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 drain-
age swales and relocating the sanitary sewer septic and drainfield system.
Recommendation
That the Planning Commission recommends 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 2,500 square foot accessory structure to be approximately 270
Pylkas Accessory Structure Setback Variance
Planning Staff Report — V2017-015
May 22, 2017
Page 5 of 5
feet closer to Kimbro Avenue than the proposed residential structure's front yard setback. This
recommendation is based on the following findings of fact:
A. Location of the planned drainfield/septic system and private well restricts available options
for locating the proposed accessory structure on the side or rear of the proposed residential
structure.
B. Accessibility to the rear yard is restricted by the existence of drainage swales and rough
terrain behind the proposed dwelling structure.
C. The proposed location for the accessory structure location is approximately 150 feet west of
Kimbro Avenue.
D. There are existing structures in a similar location that will be removed.
Approval of the variance application is subject to the following conditions:
1. Exterior materials and color of the proposed accessory building shall be constructed in
accordance with City ordinances and compatible with that of the planned dwelling.
2. A building permit for the proposed 2,500 square foot accessory building shall not be
issued prior to any excavation or construction of the planned principal structure.
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 9744 Kimbro Avenue connect-
ing to Kimbro Avenue is prohibited.
Prepared by:
John Burbank, AICP, Senior Planner
Nathan Estrem, P.E., Project Engineer
Attachments:
• Applicant's Letter
• Site Plan
• Applicant's response to ordinance criteria
Request for variance April 25, 2017
Property Owners: Bruce and Marcene Pylkas
Property Location: Lot 2 Stewart Addition, PID 23.027.21.34
Property address: 9744 Kimbro Avenue South
Attachments:
1. Official Plat Drawing.
2. Proposed site layout showing proposed structure locations.
3. Five photos showing the existing structures to be removed and proposed location of
the new structure.
We are requesting a variance to place an accessory structure closer to the roadway than the
principle structure.
The property is asymmetrical in shape and has rolling topography which makes it difficult to
place the accessory structure behind the principle structure without extensive removal of trees.
The two existing structures (loafing shed and pole building) will be demolished and properly
disposed of.
We are proposing a 2,500 square foot metal pole building with a concrete floor in the location
shown on the attached. The building will be constructed in accordance with the codes and
regulations of the city.
Our reasoning for the variance is that the new structure will fit the property better. It will be
significantly visually pleasing than the existing structures and is consistent with the locations of
the accessory structures on the adjacent properties.
Cottage Community Development Department Planning Division
�
Grove 12800 Ravine Parkway South Telephone: 651-458-2827
f_,,,,,,.,,eP,ba�""'«?I♦? Cottage Grove, MN 55016 Fax: 651-458-2897
www.cottaQe-Qrove.org E -Mail: planningAcottage-grove.om
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))(
2. The variance is consistent with the comprehensive plan. Please circle: es
3. The proposal puts the property to a reasonable use. Please explain.
Because of the rural nature of the site there are other out buildings and accessory
structures there are closely placed on the adjacent property. Furthermore the new
structure will be placed in the aprox. location of the existing structures that are going
to be removed. The conditions and property use will be improved fprm what they are now.
ov-
4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances.
The property is an irregular shape and has rolling topography. There are not a lot of
locations on the property for an accessory structure that would not require removal of
quite a few trees.
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.
See the response to numb r 3 and 4 above.
6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle:
7. 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. Please circle: es
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.
The only potential impact will be positive. Two dumpy sheds will be removed and one
new one will be built.
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.
Applicant Name: Bruce and Marcene Pylkas Case #:
V
O
r
1
I
W
m
D
Z
Mon
Y:.TOM a
f\IIVIUI%v nv�
x PYLKAS RESIDENCE DATE:
L=J INNOVATIONS
�- COTTAGE GROVE, MN 04-19-17 ®�
-3
0
�
I
to III
II
II III
IIl RNNum
ZyZ
n20
a
� !t
n
N
<a
-11
IN ST LINKIMBRO_0
EOFD
AVENUE WUTNAS DE
503301
-----°rn
O 0
DZ
01 '^CAI
INm
OZ
DO
m
I
gl
m
---J
z o R a
ww
p I
I
IN DOCUMENT NO.
I II
i I
+
I I
-� CA
w�o�
Zp
C.303.N
00 0
y=
-
1316.17
�bq I
I u
I u W!�'. I
m
W w
i
S00'22'36"W
--- WEST LINEOF THE SE114 OF THE SWI14
------eL.303.a7
Do
CD
I
I
-w
- i
.n II
10
e•ru•zs•--
L-es.99 -- --- -
------ -
Fa
>N
o
do =0
----------
I•IIVIC:f�� = VLIVV I_ 354.67 N01.43'29"N 35487 -
e•10.36'33•
O
O-
-OF'
=mN
c
e•2.44'04"
S01°43r2 RECN02.32'37'W L•299.14 R•18155
- --
r
lo'
O
198.88 - L•399.92 R.8379.75
94°27'33" 9 — _ T
-
.�Imo-64.43_
— — — ' \` —
.
N'o
i.uvlChvAVEI.�
�
—
T1
`�
c
i
I
\ KIMBRO AVENUE SOUTH
EAST LINE OF THE CIL
^- 9121/40FTHE SWIM `'-� AS DESCRIBED IN DOCUMENT NO. 507301
- - - - - - - - - - - - - - -
13�
— m
L7
_ _
O
OOD
O
iZo
I •
p Z
n i
0
� NDOR17.102'22'E r•
` WEST LINE OF THE 912 OF THE SE114
`- D'I?nC3
y
v
m
1
�11
0 0
p �
m
e
n==w
i 0 \
o <
u
Um
65 OS
0
8
O
z
�>
-
ti
�
zxm
•.`�
N00°22'367
8
I
30.00 -__, 1316.49
e�
-------- -------------------------- / -----
138.14
10 EAST LINE OF THE WEST 458.51
FEET OF THE SE114 OF THE SWIM //\\"y�1\ I i
`�� �i i I 8i I �- \\s\1:\\� o�oc//,/ llslisi i c
n Ci
I$ Nti 0$
I Txj3�;��`I I NZzg �' f �; ♦ /i / o I INS I i rI
� v0s7 h%`7,;+s
I a6d / I xy //m P-11
/ /� c I I / o yc�, `,
/ r I I' I/
< /% m I IJ a5°a°^
+
-------------1 Y,e
os / h.. \ ,� / / � r-
_irl
cP%
�
/ + '/ / Pe� \ / / I I w
a j/ si°.D`_ \+<-'off \' // m MSI I �J
/ sw /• \; // I I I �/J
ri g h. I I m t• / I" 780.00 ' ,�tiN= / / 0 1
D I I O // / I Iia N74•E a // 1sI16� I m
D
m��c I, !yey al O I I D A // D
tomo-+-=-----�--� `•�' N I I I I °
D m
O \\ O //
Mo \�
�r-0 W y Lam, I I >I OQJ
73�
�
I
to III
II
II III
IIl RNNum
ZyZ
n20
I
n
N
<a
-11
IN ST LINKIMBRO_0
EOFD
AVENUE WUTNAS DE
503301
-----°rn
O 0
DZ
i
•OI
INm
OZ
DO
m
I
gl
m
I
ww
p I
I
IN DOCUMENT NO.
I II
i I
+
I I
I
D 2
m
INw
C.303.N
10 _
,"norm
n
TZ
tie
'wN°•x I
�bq I
I u
I u W!�'. I
m
I 1 C•iBz.25 i
i
B
0.185.9 I
e.t•15'SB• 177.33 J
4 wl
Iw m
I 177.3+ -
------eL.303.a7
•10'30'59•
I
I
-w
- i
.n II
10
e•ru•zs•--
L-es.99 -- --- -
------ -
Fa
>N
o
do =0
----------
I•IIVIC:f�� = VLIVV I_ 354.67 N01.43'29"N 35487 -
e•10.36'33•
O
O-
-OF'
=mN
c
e•2.44'04"
S01°43r2 RECN02.32'37'W L•299.14 R•18155
- --
r
lo'
O
198.88 - L•399.92 R.8379.75
94°27'33" 9 — _ T
-
.�Imo-64.43_
— — — ' \` —
.
N'o
i.uvlChvAVEI.�
�
—
T1
`�
��1+ I
F.I
_-_ {�
I
\
\ KIMBRO AVENUE SOUTH
EAST LINE OF THE CIL
^- 9121/40FTHE SWIM `'-� AS DESCRIBED IN DOCUMENT NO. 507301
- - - - - - - - - - - - - - -
13�
- - - - - -
_ _
O
OOD
O
iZo
I •
p Z
n i
fCiiD
� NDOR17.102'22'E r•
` WEST LINE OF THE 912 OF THE SE114
`- D'I?nC3
y
v
Omi
1++ Z
0 0
p �
m
e
n==w
--- EAST LINE OF MSRO AVENUE SOUTH
0100
DIN DOCUMENT N0.5033
o <
u
Um
65 OS
DI
8
O
z
AS DESCRIBE
-
ti
6 _ I Csrl
�
cn
o/<�
•
O
D
ZyZ
n20
_ 1
- 3951.17 -'
n
N
<a
tD/1Am
-
00
Z
z°m
n_
73
O 0
DZ
-00
07mR=
Z
io
OZ
DO
m
m
00
ZA
my
D
,
Z
m
D 2
m
OZ
CO
i0
1na
<O
o
n
TZ
AZZ
0
y O
Soa
m
RmR11
y m
D
D X
-w
-4
9
2
Z
sZ
/m/�
YI
Fa
>N
o
do =0
m
m
O
O-
-OF'
=mN
c
�60
Z.
�Z
lo'
O
m-
iD m
m
00
0
z
N'o
m
om
m
yO
OOD
O
iZo
S
fCiiD
m=m
2
y
pmC
O
0
T
1++ Z
0 0
p �
m
A m
n==w
m
o <
Z
DI
8
O
z
mmD
Z z Z
CA
mm
-
ti
�
zxm
•.`�
6 _ I Csrl
�
cn
o/<�
-
__
a
y1•.
_ 1
- 3951.17 -'
N00.2242•E
Z Z
N
dol
r
--- -----
KIMBRDAVEs
n_
>
41
�
m
I-il
Ic
S
D
,
ail
Nml
I�il
1
m
m
UMAR AVE S
o
n 0
6 _ I Csrl
�
cn
o/<�
-
__
a
y1•.
_ 1
- 3951.17 -'
N00.2242•E
Z Z
N
9
B'
r
--- -----
KIMBRDAVEs
41
�
m
O
D
,
R
S OO
_I—
UMAR AVE S
o
n 0
Z
Soa
E
t
�
' A
-
a
9
_ 1
- 3951.17 -'
N00.2242•E
O
A,
R
n9
n 0
E
n r
-w
Nm9'
<
Fa
n
oIn
�60
lo'
a
n==w
m
o <
° o DCry�7
�
DI
� c
n
CA
-
�
•.`�
e�
n
TO
cT
00
�9
'
-4
m
o
nn
IIs
NL
a
R�'�i°'
N
I6
�_•
O
_
°
O
K
3
2
�
o
-
•70
p
�
6
a
o
3
-
8
n
3
6
«
5
t
�
' A
-
A�
O�
rn i
0O
=
Z ;
�08�53T14•E
REC NOB•03'SB—
_ 1
- 3951.17 -'
N00.2242•E
O
=000 c �z 3n nom m 3z ^�\�o� m2 8n z0
-Oa c DF•s c D o o�
P.
sO N c -' tiQ,s -•r
la aow
0° •� R�
m
O 3� \h� Gy ^ C \� ^
lz
m sd aZ
sr°_' c� o a o z
� -Do � 9 °c_ a
Er
Ra
>z
s9 0 n IZ
6
Ev
0 a n
D D ml
n�
mE7o o G 2 o.. 41 z
- o H e m c " z n
n
9
S
w m m m 3 z o e
SgS-N-1 9 9 3� o
6mnm
d-� w 5r -
d
,n
R
V
u
on-
^tJ:
A