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Home My WebLink About2018-07-23 PACKET 06.1.STAFF REPORT CASE: V2018-043 ITEM: 6.1 PUBLIC MEETING DATE: 7/23/18 TENTATIVE COUNCIL REVIEW DATE: 8/1/18 APPLICATION APPLICANT: Ryan Buness REQUEST: A variance to rear yard setback requirements to allow gazebo to be replaced with a three -season porch that will be 20 feet from the rear property line when 35 feet is required. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 9658 Hillside Trail South R-4, Low Density Residential Low Density Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Park Parks & Open EAST: Residential Low Density Residential SOUTH: Residential Low Density Residential WEST: Residential Low Density Residential SIZE: N/A 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: Max Pattsner, Planning Intern; 651-458-2898; mpattsner(a�cottagegrovemn.gov Application Accepted:. 6/7/18 60 -Day Review Deadline: 8/6/18 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Buness Porch Setback Variance Planning Case No. V2018-043 July 23, 2018 Proposal Ryan Buness has filed a variance application to rear yard setback requirements to allow a gazebo and deck to be updated to a three -season porch, which is located 20 feet from the rear property line at 9658 Hillside Trail South. A three -season porch is considered part of the princi- pal structure on the property so the rear setback requirement would be 35 feet, instead of the 10 -foot setback for an accessory structure, which a gazebo is considered. Location Map Review Process Application Received- June 7, 2018 Acceptance of Completed Application- June 7, 2018 Tentative City Council Date- August 1, 2018 60 -Day Review Deadline- August 6, 2018 Couage —srs Grove f �ro e� ppeAW MeK Prida ARBOR / / MEADOWS PARK PACO 87TH sT J s N _ 9658 Hillside Trail S v N oLUto 0 Q W W Q HILLSIDE TR S O w U) W C7 O Legend vxa�yavocxn 0 W woes. JODY CIR HILLSIDE TR S wxa z is �Oeemw,eii: C.Y.p Daierprt�DOVap�MDrn •DDDR mD My, 0 87 5 175 350 525 700 CG Parcel Map with Building Footprints Feet Cate 6/2612018 Location Map Review Process Application Received- June 7, 2018 Acceptance of Completed Application- June 7, 2018 Tentative City Council Date- August 1, 2018 60 -Day Review Deadline- August 6, 2018 Planning Staff Report — V2018-043 Buness Porch Setback Variance July 23, 2018 Page 2 of 7 Background The property is zoned R-4, Low Density Residential. The accessory structure that is currently in place is a raised (second -story) deck topped with a gazebo, which is screened in but not en- closed, and the roofline is not attached to the house. This structure extends 16 feet back from the house and is 10 feet wide. A 4 -foot by 4 -foot landing extends to the west, and stairs extend north from this landing for 12 feet. The total footprint of the structure is 14 feet wide by 16 feet long. Existing structure plans and photographs are shown below- _X elow: X Deck cull Ci."kil -3b"m,n. ywrd;wt hp54 - 4"Sphere altiiit r&a pass a4'3_ Arovgh gukrdW,[ at 4anjxy n4 to _711 3-?-KIZ• 12 'TR ZXtOtIM 14 DK -- 1„011NALLYApp r D. -IM.�wLL ttI FLnsH+.sFeue c LE066Q Bbd CL��6`LAGNO i --OC. Existing Structure Plans {ri ZW2 15 3 Pore 1 sRUrs Np a ; /JC``/ , - 87511x_{WR - TMW. Tnu:) 4-U " /GrgZEBp \�- - STAiR Rws +-TiF.FRy SHALL NOT VARY Moep / `I*AOVW&' - 6RIPPA&F j•ZXIQ,tgFF; _ (Zi �unYT 8y HANDRAIL RFQ 4 2-ZXIOXeTr Owr tER E�'o,c, PW E sisri.✓k L,w►srt J ZXtOtIM 14 DK -- 1„011NALLYApp r D. -IM.�wLL ttI FLnsH+.sFeue c LE066Q Bbd CL��6`LAGNO i --OC. Existing Structure Plans {ri ZW2 15 3 Pore Planning Staff Report — V2018-043 Buness Porch Setback Variance July 23, 2018 Page 3 of 7 rnotos or me current oaCK yaru porcn anu gazeoo at twoo nnisme i rail ovum The current accessory structure is required by to be set back 10 feet from the rear property line (City Code Title 11-3-3), and is compliant with this requirement. City Code Title 11-9E-5 requires that additions to the primary structure must be setback 35 feet from the rear property line. The accessory structure will be updated into an enclosed three -season porch, which is considered a habitable room, and would be required to comply with the 35 -foot setback for primary structures. The proposed update will not increase the height of the structure nor will it increase the struc- ture's footprint on the property. The rear property line at 9658 Hillside Trail abuts the southern end of Arbor Meadows Park, which is currently a grassy open space with no programmed field or activities in that location. Included in the application are letters from both the neighbor to the east (9660 Hillside Trail South) and to the west (9646 Hillside Trail South), which express support for the proposed update. Copies of these letters are included in the packet. 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; Planning Staff Report — V2018-043 Buness Porch Setback Variance July 23, 2018 Page 4 of 7 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 lo- cation of the updated structure. The red outline shows the property line at 9658 Hillside Trail. The blue outline shows the setback required for accessory structures in the R-4 Zoning District (10 feet in the rear, 6 feet on the side). The yellow outline shows the setback required for prima- ry structures (35 feet in the rear, 7.5 feet on the side, and 30 feet in the front). The property is oddly shaped due to the curvilinear nature of the road at this location. Because of this, there is little room within the primary structure setback. The rear of the property abuts the southern por- tion of Arbor Meadows Park, which is distant from the parking lot and primary uses of the park and is essentially an open field. Aerial of property with property line, accessory structure setback, and primary structure setback noted LEGEND: s Property Line Proposed Structure �' ' Accessory !`Y ^�. '' '..• �-r- -' Structure Setback Primary ' Structure ` Setback Aerial of property with property line, accessory structure setback, and primary structure setback noted Planning Staff Report — V2018-043 Buness Porch Setback Variance July 23, 2018 Page 5 of 7 Architecture The proposed update will utilize much of the framing of the existing accessory structure. The updated structure will be wood -framed, and it will be completely enclosed, with large glass win- dows on all sides. The current hip roof of the gazebo will be replaced at the same height by a shed roof sloping downward toward the rear of the property. The existing staircase and deck to the west of the gazebo will not be removed and will be used as a landing from which to enter the updated three -season porch. The plans and rendering for the updated porch are shown below: — a0: All' PC 9.11- (Tr - a C -CC -TIC K. At. •R44n A+J& s&C-wciC CAr6L.Edc `Annw 77 F11 L, I LV ALVe- •Ju1�T IN N/iWGL�CS J�c�'F��D WITrI 3" loci ...INa£T CJt:R"( T�'lQ�, r.......... .t � f�.. ...i _'•(L ••M.n� him ..J.�..�'�'"^`" +It. zK . hU r 4Pl-1 C.E' ,.0 26 w. DECK Mu4T- ,. Q FOUNDATION PLAN Q._ OJF-R ^ 4006 DECK/PORCN PLAN �,'!,�mmLa•+ ff k TuGuur jx-S-�/rhFTER, O s b`hr- AND r-ovTIAjt.) C_„oN£C•,. -V 'In -r, f PtA"M N .n.u.o.. •... ti."..0 iw r..�...n DG .; TT DATE rf W - ` !D VIVA ester wneoa ^n OF GLV ` _.-.'. CU1lIMNG OTflCY1 CODE DETAIL \/ GUARDRAIL REQUIRED - MINIMUM 36" HIGH .�1-1 0 7MOWYOFPLM O ATWFRD .TooalK"T6 PAIL -d Iva. S IINfIIr�InIIAI ntnrFl- _IPh I? -, - MORM ONjMSnEwlWOCOxaTNCMN - THRU TO FOIE ..; Updated Structure Plans �lilll�� - � Ilillil Updated Structure Plans Planning Staff Report — V2018-043 Buness Porch Setback Variance July 23, 2018 Page 6 of 7 dose -up or vorcn menaenng Technical Review Committee The Technical Review Committee (City staff representing all City Departments and advisory commissions), including the Parks Department, have reported no concerns about the applicant's proposed structure update and variance request. Public Hearing Notices The public hearing notice was mailed to 68 property owners who are within 500 feet of the ap- plicant's property and published in the South Washington County Bulletin on July 11, 2018. Findings The findings of fact for a favorable recommendation that were considered during the review are identified as follows: A. A hardship exists due to the unique shape of the property. Based on City Code Title 11-3- 3C, an accessory structure cannot be built in the front yard of the property. However, due to the 35 -foot rear setback requirement, an addition to the primary structure cannot be built in the back yard due to a lack of space. This unique circumstance makes converting an acces- sory structure into an addition to the primary structure impossible without granting the requested variance. B. The envelope and footprint of the new principal structure addition is similar in shape, design, and footprint to the existing accessory structure. C. The location of an open field behind the property eliminates the concern of maintaining privacy for residential neighbors abutting the rear of the property. D. Letters of support have been received by owners of the two adjacent properties to the west and east of the applicant. Planning Staff Report — V2018-043 Buness Porch Setback Variance July 23, 2018 Page 7 of 7 E. The updated use of the structure will not add to the height or footprint of the existing use on the property. The only change that would occur is that the accessory structure currently in place would be re -designated as part of the primary structure. Recommendation That the Planning Commission recommend to the City Council that a variance be granted to re- duce the rear setback requirement from 35 feet to 20 feet at 9658 Hillside Trail South in order to allow the updating of the existing porch (accessory structure) into an enclosed three -season porch (primary structure addition). The recommendation for approval is subject to the following conditions: 1. The exterior materials and color for the proposed update must match those of the princi- pal structure. 2. The property owner must complete a building permit application and be issued a building permit before any construction begins. 3. The update to the accessory structure must not increase the height or the footprint of the existing structure. 4. No structure or landscaping may encroach on City park land. Prepared by: Max A. Pattsner Planning Intern Joe & Beth Schult 9660 Hillside Trail S Cottage Grove 6/17/18 To Who It May Concern We are the neighbors directly to the east of Ryan & Kallie Buness and wanted to write this letter of endorsement for the variance they have filed on the "rear yard setback" to complete their project. They have shown us the plans of the project to update the existing gazebo structure and we support the approval of the variance so they can continue with their project. In addition granting this variance poses no negative effect as a close proximity neighbor. Sincerely, 9-� Joe Schult Beth Schult Andy & Mel Kirchner 9646 Hillside Trail S Cottage Grove 6/17/18 To Who It May Concern We wanted to provide this letter in support of approving the variance being filed for the "rear yard setback" that Ryan & Kallie are submitting for their 3 season porch project. As the neighbor to the west of their property we have no reservations of the project as it is updating a structure that has existed for as long as we have been neighboring the property. We feel there is no negative effect to our property and the neighborhood by approving this variance application and allowing the project to continue. Sincerely o44, - Andy Kirchner Mel Kirchner