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HomeMy WebLinkAbout2017-05-22 PACKET 07.4.STAFF REPORT CASE: V2017-016 ITEM: 7.4 PUBLIC MEETING DATE: 5/22/17 TENTATIVE COUNCIL REVIEW DATE: 6/21/17 APPLICATION APPLICANT: George and Sandy Panek REQUEST: A variance to City Code Title 11-3-10C, Driveways: Location, and Title 11-3-3C, Setbacks, to allow a parking pad to be three feet from the side property line when six feet is required. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 8527 85th Street South R-3, Single Family Residential Low Density Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Low Density Res. Low Density Res. EAST: Low Density Res. Low Density Res. SOUTH: Low Density Res. Low Density Res. WEST: Low Density Res. Low Density Res. SIZE: N/A DENSITY: N/A RECOMMENDATION Denial, based on the lack of establishment of findings of fact. Cottage COTTAGE GROVE PLANNING DIVISION J Grove �'he�e pride and PrOSPerity Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; 6burbank(cD_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. V2017-016 May 22, 2017 Proposal George and Sandy Panek applied for a variance to the minimum driveway setback requirements to allow construction of a concrete parking pad for a recreational vehicle on the west side of the garage to be three feet from the property line instead of the required six feet. Location Map Orthographic Detail Panek Parking Pad Variance Planning Staff Report — V2017-016 May 22, 2017 Page 2 of 4 Review Deadline Application Received: April 25, 2017 Acceptance of Completed Application: April 25, 2017 Tentative City Council Date: June 21, 2017 60 -day Review Deadline: June 24, 2017 Background George and Sandy Panek submitted an application for a variance to construct an additional parking area on the west side of the existing garage that will encroach upon the six-foot side yard drainage and utility easement. The existing concrete sidewalk on the east side of the pri- mary structure is approximately 10 feet from the property line and five feet from the drainage and utility easement. The proposed additional concrete slab would be approximately three feet from the property line and within the drainage and utility easement. A photo of the existing driveway is shown below. Planning Considerations Property Characteristics The property has a one-story residential dwelling and attached double car garage with a 1,468 square foot footprint. The property is located in the Thompson Grove Estates 11th Addition and was originally constructed in 1969. There is a six-foot drainage and utility easement along the property line closest to the requested parking pad. Panek Parking Pad Variance Planning Staff Report —V2017-016 May 22, 2017 Page 3 of 4 r 1 �,,/ W7111k-'� 20 Plat Detail 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 par- ticular 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 grant- ing of such variance from the strict application of the provisions of this title so as to relieve such practical difficul- ties to the degree considered reasonable without impairing the intent and purpose of this title and the comprehen- sive 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 find 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. Panek Parking Pad Variance Planning Staff Report — V2017-016 May 22, 2017 Page 4 of 4 8. That the proposed variance will not impair an adequate supply of light and air to adjacent property, or sub- stantially increase the congestion of the public streets, or increase the danger of fire, or endanger the public safety. Applicant Response The applicant's response to the ordinance criteria is attached. Technical Review Committee Comments The City's Technical Review Committee met on May 3, 2017, to discuss the variance application. A hardship for this particular application request was not identified. Public Hearing Notice The public hearing notice was mailed to 78 property owners within 500 feet of the property and published in the South Washington County Bulletin on May 10, 2017. Summary • The ordinance is specific about the setbacks and widths for driveways. • The City's website and City Hall information boards and front counter have numerous sources where people can access setback and other zoning information. • Side yard setbacks create minimum areas on a property where utilities, green space, open space, snow storage, and stormwater management occur. • There is a six-foot drainage and utility easement along the property lines. Findings No findings of fact were established to support this variance application. Recommendation Based on the lack of establishment of findings for granting the requested variance, the Planning Commission should recommend denial of the variance to allow the encroachment on the six-foot side yard setback and drainage and utility easement at 8527 85th Street South. Prepared by John M. Burbank, AICP, Senior Planner Nathan Estrem, P.E., Project Engineer Attachments: • Applicant's Response to Ordinance Criteria • Site Drawing and Photograph Cottage Community Development Department Planning Division Grove 12800 Ravine Parkway South Telephone: 651-458-2827 'alear"Y��1rI♦? Cottage Grove, MN 55016 Fax: 651-458-2897 www.cottage-grove.org E -Mail: planning(cilcottage-grove.org 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: "e 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. w'\\\ L'r e AJ er. C ?cuv_ lc_'t v,�j ek.v e_ w o �'L�e S �.c_ rG� L� e_ \ v-\� i Q Ck A 0 t "*V"-\ v ` '-' \ y— � � °� r K e A c�r\Je�cu�, �j 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. WA S b©V� `%� Pr-A I CO- GLV- st- 4, G �,.. C r`t.F z 4� w� � �'v.-✓10 0. v� 12.V 4 v .rr� G� o �''- , 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. 1 I& C C _u g e- 0-f `u" S� c.L �, L O oyk 6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: Yes No 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: Yes 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. n OW 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. ApplicantName��iii�r,� Case #: fro j, -e 'r+' \ %, Y\e- (01 se} hacl� -R.0 P_ ot7( Pan mak_