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Home My WebLink About2018-06-25 PACKET 06.1. STAFF REPORT CASE: V2018-404 ITEM: 6.1 PUBLIC MEETING DATE: 6/25/18 TENTATIVE COUNCIL REVIEW DATE: 7/18/18 APPLICATION APPLICANT: Jason Giefer REQUEST: A variance to allow an accessory structure to be located in front of the principal structure. SITE DATA LOCATION: 8003 River Acres Road South ZONING: R-4, Low Density Residential GUIDED LAND USE: Rural Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Residential Transition Planning Area EAST: Residential Transition Planning Area SOUTH: Mississippi River Mississippi River WEST: Residential Transition Planning Area SIZE: Accessory Structure = 160 square feet DENSITY: N/A RECOMMENDATION Approval, based on the findings of fact and subject to the conditions stipulated in this staff report. COTTAGE GROVE PLANNING DIVISION Planning Staff Contact: Max Pattsner, Planning Intern; 651-458-2898; mpattsner@cottagegrovemn.gov Application Accepted: 5/29/18 60-Day Review Deadline: 9/26/18 City of Cottage Grove Planning Division  12800 Ravine Parkway South  Cottage Grove, MN 55016 Planning Staff Report Giefer Variance – Accessory Structure Planning Case No. V2018-040 June 25, 2018 Proposal Jason Giefer has requested a variance for a 10-foot by 16-foot accessory structure to be closer to the front property line than the principal structure at 8003 River Acres Road South. Location Map Review Process Application Received: May 29, 2018 Acceptance of Completed Application: June 6, 2018 Tentative City Council Date: July 18, 2018 60-Day Review Deadline: July 28, 2018 Background The property is zoned R-4, Low Density Residential. City Code Title 11-3-3C does not allow accessory structures to be placed in front of the principal structure unless the parcel of land is greater than five acres. The applicant’s property is approximately 0.65 acres. One accessory structure of up to 850 square feet in area is allowed within this zoning district. The proposed structure will measure 160 square feet in area and meets the accessory structure size require- ment. The proposed structure will be set back 33 feet from the front property line and 7 feet from the side property line. The required front setback in the R-4 zoning district is 30 feet, and the required side setback is 6 feet. All minimum setback requirements will be met. Planning Staff Report – Giefer Accessory Structure Planning Case No. V2018-040 June 25, 2018 Page 2 of 7 The property is located within the Mississippi River Corridor Critical Area Overlay District. Struc- tures in this overlay district are required to be screened from the Mississippi River, and additions to structures are required to be constructed in a direction away from the river. Development standards within the Critical Area Corridor overlay district do not prohibit accessory structures from locating closer to the front property line than the principal structure. The location of the proposed accessory structure will be further away from the Mississippi River. In September 2009, the residents at 8039 River Acres Road were granted a variance to con- struct a 28-foot by 30-foot detached garage in front of their house. The variance was granted based on the property’s location on the Mississippi River, which made locating the accessory structure behind the house an undesirable option (Planning Case No. V09-017). Ordinance Requirements City ordinance states that the City Council may grant variances from the strict application of the Zoning Ordinance and can impose conditions and safeguards on the variance. In considering variance applications, the effect of the proposed variance upon the following issues should be considered: 1. The health, safety and welfare of the community; 2. Traffic conditions; 3. Light and air; 4. Danger of fire; 5. Risk to the public safety; 6. The effect on values of property in the surrounding area; and 7. The effect of the proposed variance upon the Comprehensive Plan. Planning Considerations Property Description The aerial photograph below shows the layout of the applicant’s property and the proposed location of the accessory structure. The site is mostly wooded with deciduous trees. The existing house is located on the back half of the property and is set back roughly 150 feet from the front property line on River Acres Road and roughly 100 feet from the back property line at the Mis- sissippi River. The accessory structure is proposed to be located 33 feet from the front property line and 7 feet from the side property line. This is more than the requirement of 30 feet from the front property line and 6 feet from the side property line. Planning Staff Report – Giefer Accessory Structure Planning Case No. V2018-040 June 25, 2018 Page 3 of 7 Aerial Photo Architecture The proposed accessory structure will have a gambrel roof made of high quality corrugated steel that will closely match the color of the shingles on the house. The total height of the build- ing will be approximately 11 feet, which is less than the 18-foot maximum height allowed by City Ordinance. The height of the proposed structure will be significantly less than that of the primary structure on the property, which stands at a height of 20 to 25 feet. The engineered wood siding will match the color and style of the siding that exists on the house. The proposed structure will have a 70-inch wide double door on the long side and two 2-foot by 3-foot windows on the same side as the door. Sample photos of the shed style from the manufacturer’s website are shown below. Exterior Example Interior Example Planning Staff Report – Giefer Accessory Structure Planning Case No. V2018-040 June 25, 2018 Page 4 of 7 The floor elevation will be approximately 704 feet above mean sea level; 700 feet above mean sea level is the minimum elevation required by City Ordinance for flood protection. An excerpt from the building permit for 8003 River Acres Road is below, which shows the front of the house to be surveyed at 708.1 feet above sea level. The elevation at the proposed location of the shed is no more than four feet below the front of the house. A topographical image of the property and surrounding area is also shown below, with the property outlined in white. Planning Staff Report – Giefer Accessory Structure Planning Case No. V2018-040 June 25, 2018 Page 5 of 7 Topographical map of 8003 River Acres Road and Surrounding Area Drainage The City received an objection on June 18 with concerns that the shed would increase drainage onto the neighboring property to the west. A review by the Assistant City Engineer found that although the shed would be unlikely to have a large impact on drainage onto the neighboring property, a professional survey should be required to determine the actual magnitude of the effect and whether or not it should be considered a significant concern. Trees The location of the new accessory structure will require no trees to be removed. Department of Natural Resources Information concerning this variance application was sent to the Minnesota Department of Natu- ral Resources on June 6, 2018. As of June 21, no comments were received from their office. Technical Review Committee The Technical Review Committee (City staff representing all City Departments and advisory commissions) reviewed the variance application at their meeting on June 13. City staff reported that they have no concerns about the applicant’s proposed accessory structure, and there have not been any complaints regarding any similar granted variances. Public Hearing Notices The public hearing notice was mailed to 18 property owners who are within 500 feet of the applicant’s property and published in the South Washington County Bulletin on June 13, 2018. Planning Staff Report – Giefer Accessory Structure Planning Case No. V2018-040 June 25, 2018 Page 6 of 7 Findings The findings of fact for a favorable recommendation that were considered during the review are identified as follows: A. The existing home is located on the southern half of the lot. Placing the proposed accessory structure on the north side of the home will lessen the ability to see the accessory structure from the river. B. The provisions of the Mississippi River Corridor Critical Area Overlay District were consid- ered, and it was determined that the proposed accessory structure will be adequately screened from the water and thus will not adversely impact any of the criteria listed in City Code Title 11-15. C. The proposed variance will not impair an adequate supply of light and air to adjacent proper- ties, will not increase the congestion of the public streets, will not endanger the public’s safety, or will not diminish property values within the neighborhood. D. The proposed location of the accessory building minimizes the number of trees that need to be removed for its construction. E. The Burlington Northern Railroad tracks are located on the north side of River Acres Road. For this reason, there are no residential structures across the street from the applicant’s property. F. It is not possible or not preferable to locate an accessory structure behind the house, as doing so may place the proposed structure at an elevation below 700 feet or block views of the River from either the residence or neighboring residences. G. Many neighboring properties along the Mississippi also contain accessory structures that are located in front of the primary structure. Recommendation That the Planning Commission recommend to the City Council that a variance be granted to allow the construction of a 10-foot by 16-foot accessory structure in front of the principal struc- ture at 8003 River Acres Road. The recommendation for approval is subject to the following conditions: 1. Erosion control measures must be utilized during construction. 2. A professional survey must be conducted by the property owner to verify that the addition of 160 square feet of impermeable surface to the property will not adversely affect drain- age in the neighboring property to the west. 3. The exterior materials and color for the proposed accessory structure must be similar to the principal structure. Planning Staff Report – Giefer Accessory Structure Planning Case No. V2018-040 June 25, 2018 Page 7 of 7 4. The property owner must complete a building permit application and be issued a building permit before any construction begins. 5. The proposed accessory structure’s lowest floor elevation must be at or above 700 feet mean sea level. Prepared by: Max Pattsner Planning Intern Attachments:  Applicant’s Response to Variance Criteria  Letter from Neighbor dated 6/18/18 Cottage Community Development Department Planning Division Grove 12800 Ravine Parkway South Telephone: 651-458-2827 Cottage Grove, MN 55016 Fax: 651-458-2897 www.cottage-grove.org E -Mail: planning@cottage-wove.org VARIANCE APPLICATION — RESPONSE TO ORDINANCE CRITERIA 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• Yes No 3. The proposal puts the property to a reasonable use. Please explain. /-Je ,2df block-- ;z/ v1Ie-t,-)S or— 5A -,,1r_ any h9�b�s �,� �y. � s�� s � ��G� a C,,r k) Cl/M �✓/ G 2 �s��L W e c �.-. jc e Vcz ro( �y ,1 �fac; ti�✓e/ y f6L �^c /1n dod (z -5, 4. These are unique circumstances to the property not created by the landowner. Please identify these circumstances. WG W,,;1 w h � - +kx- SG�cCA c,n +� C_ C K avoi fiLA� V��ewS LS 0 ne•�hk �' 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. rt -pre NQ c-4I� w� �s Por- r`ow, �� a w- /a -F. 6. The purpose of the variance is not based exclusively upon a financial hardship. Please No 7. The granting of the variance will not be detrimental to the public welfare urious 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. 12 a Ca se. G ev y v !,'sf��l ,�r54 c5' , RECEIVED MAY 2 9 2018 �jj Applicant Name: aJ a -SU,^., 6i'e_fZt Case #: V ZDIY- O�{D June 18, 2018 Mr. John Burbank City Planner, City of Cottage Grove 12800 Ravine Parkway South Cottage Gove, MN 55016 Dear Mr. Burbank, This letter is to confirm our conversation on the morning of June 18th, 2018 regarding the variance to allow the building of a shed in front of the principle structure located at 8003 River Acres Road. This is the adjacent property to the east of my residence at 8001 River Acres Road. I have concerns with water runoff from the lot at 8003 River Acres Road. Currently the water runoff from this lot travels on my property because of a retaining wall and driveway that was built on my property years ago by the previous owner located at 8003 River Acres Road. Because my septic drain field is located in the same area of rain runoff, I feel that this additional hard surface could compromise my drainage in this area. The building of the shed also decreases the area of soil to absorb water before it runs on to my property. If the shed is required to be built at 700 feet above sea level, this will require raising the grade and will also increase the flow of water onto my property. Because of the above concerns I object to the variance to allow building the structure in this area. Regards," - J Richard Deeg 8001 River Acres Road Cottage Grove, MN 55016 651-458-0230