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Home My WebLink About2020-03-23 PACKET 06.1.STAFF REPORT CASE: CUP2020-018 ITEM: 6.1 PUBLIC MEETING DATE: 3/23/20 TENTATIVE COUNCIL REVIEW DATE: 4/15/20 APPLICATION APPLICANT: Dennis and Maryann Galloway REQUEST: A conditional use permit to allow construction of an approximate 3,000 square foot accessory structure to replace a deteriorating legal non- conforming structure. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 10670 Lehigh Road 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: Accessory Structure = 3,000 square feet DENSITY: N/A RECOMMENDATION Approval, subject to the conditions stipulated in this staff report. Cottage Grove COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: Emily Schmitz, Senior Planner; 651-458-2874; eschmitz(o-)_cottagegrovemn.gov Application Accepted:. 2/25/2020 60 -Day Review Deadline: 4/25/2020 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Galloway Oversized Accessory Structure Planning Case No. CUP2020-018 March 23, 2020 Proposal Dennis and MaryAnn Galloway have submitted application for a conditional use permit to allow for construction of an approximate 3,000 square foot accessory structure on property located at 10670 Lehigh Avenue South. The CUP request would allow for the replacement of a legal non- conforming use as well as total square footage greater than the zoning code allows. Location Map Review Schedule Application Received: February 25, 2020 Acceptance of Completed Application: January 2, 2020 Planning Commission Date: March 23, 2020 Tentative City Council Date: April 15, 2020 60 -Day Review Deadline: April 25, 2020 Background The applicants purchased the property in 1998 with the house, constructed in 1977, and the ex- isting legal non -conforming agricultural structures. These structures were a part of the original farming operations and are therefore considered existing legal non -conforming structures as they Planning Staff Report —Case No. CUP2020-018 Galloway — Oversized Accessory Structure CUP March 23, 2020 Page 2 of 6 do not meet the current zoning code requirements for accessory structures within this zoning district. Planning Considerations Existing Conditions The applicant currently owns three separate parcels improved with a house and three accessory structures. The existing accessory structures include: • A legal non -conforming loafing shed approximately 2,400 square feet in size with an open side. • A 2,100 square foot existing legal non -conforming agricultural building proposed to be removed and replaced with the proposed new shed. • A 500 square foot storage shed. I Existing Structures Both agricultural buildings are some of the original agricultural buildings from the previous farming activity. Both structures are considered legal non -conforming structures and therefore can remain Planning Staff Report —Case No. CUP2020-018 Galloway — Oversized Accessory Structure CUP March 23, 2020 Page 3 of 6 on the property until such time they are removed. The loafing shed will not be permitted to be reconstructed or increased as a condition of approval of this request. Once the loafing shed has been removed, it would not be permitted to be reconstructed. The 500 square foot structure was constructed as an additional accessory structure by the current property owner. Zoning Requirements The parcel at 10670 Lehigh Ave South is located outside of the MUSA (Metropolitan Urban Ser- vice Area) and is within the R-1, Rural Residential zoning district. Accessory structures are per- mitted within this zoning district meeting the following standards (City Zoning Code Title 11-3-3, Accessory Structures): • No more than two structures totaling no more than 2,500 square feet of accessory building square feet are permitted on a parcel. • Structures must be a minimum of 20 feet from side property lines and 50 feet from rear property lines. • Existing legal non -conforming structures are not permitted to be expanded without the issu- ance of a CUP. The zoning code allows for accessory structures greater than the maximum permitted with the approval of a CUP. An additional 40 percent of the permitted square footage is permitted on par- cels outside of the MUSA. This would allow for a maximum of 3,500 square feet of accessory storage space on the applicant's parcel. For each additional 100 square feet of proposed acces- sory structure space, 5 feet of additional setback must be met. CUP Requests The applicant's request for a CUP includes the demolition of the existing agricultural structure and reconstruction of a new accessory building with a larger footprint than the existing legal non -con- forming structure. The applicants are proposing to remove the existing structure, 2,100 square feet, and replace it with a new accessory structure proposed at 3,000 square feet. The request would be increasing the size of the non -conforming structure, which is not permitted without the issuance of a CUP. The structure is proposed to be located in the same area on the site although it would be pushed further from the southerly property line to meet the required additional setback requirements out- lined within this report. Their request also includes the construction of an accessory structure that would bring the total square feet of accessory storage space on the parcel to 900 square feet greater than the permitted 2,500 square feet. Per the Zoning Code, a parcel outside of the MUSA is permitted 40 percent additional square footage with the issuance of a CUP. This allows the applicants up to 3,500 square feet of acces- sory structure space on their property. The applicants are proposing to construct a 3,000 square foot storage barn and maintain the existing 500 square foot shed located to the east of the house. The intent of the new structure is to provide storage for the applicant's recreational vehicles, boats, RV, and other property maintenance items. With the addition of the proposed structure and the existing storage shed, the total square footage of accessory structure space on the parcel with an Planning Staff Report —Case No. CUP2020-018 Galloway — Oversized Accessory Structure CUP March 23, 2020 Page 4 of 6 approved CUP would be 3,400 square feet. The remaining agricultural building would be permitted to be retained as a legal non -conforming structure until such time it is removed. The structure would not be permitted to be reconstructed. Setbacks The City's Zoning Code Title 11-3-3 also requires minimum setbacks for accessory structures. Setbacks within the R-1 Zoning District are as follows: • Side Yard: 20 feet • Rear Yard: 50 feet Additional setbacks are also required for additional accessory structure square footage as outlined in Title 11-3-3. An additional five feet of setback for each additional 100 square feet of accessory structure square footage above the permitted maximum amount is required. In this case, the ap- plicant is proposing a structure that is 500 square feet greater than the permitted 2,500 square feet; therefore, the structure would be required to be an additional 25 feet from the side or south- erly property line. Proposed setback Currently, the southerly property line is considered the rear property line of "Parcel 1" requiring a total of a 75 -foot setback (50 -foot setback plus 25 additional feet) with that additionally proposed Planning Staff Report —Case No. CUP2020-018 Galloway — Oversized Accessory Structure CUP March 23, 2020 Page 5 of 6 square footage. The applicants are proposing to combine all three parcels so that the southerly property line will be considered a side property line; therefore, a 50 -foot setback is required (25 - foot setback plus 25 additional feet): Required Setbacks Height The proposed newly constructed structure would not exceed the maximum of 20 feet in height Public Hearing Notices The public hearing notice was published in The Bulletin and mailed to the 12 property owners within 500 feet of the property on March 11, 2020. City Department Review The City's Technical Review Committee reviewed the application, provided input, and made a favorable recommendation that the proposal be approved as requested. Recommendation That the Planning Commission recommend approval of a conditional use permit to allow for a total of two detached accessory structures totaling a maximum of 3,500 square feet with a maximum building height of 20 feet and a remaining legal non -conforming agricultural building on the prop- erty located at 10670 Lehigh Avenue South, subject to the following conditions: Planning Staff Report —Case No. CUP2020-018 Galloway — Oversized Accessory Structure CUP March 23, 2020 Page 6 of 6 The minimum setback distances of the proposed new detached accessory structure must be increased five feet (5) for each one foot (1') of height or one hundred (100) square feet of size bringing the required setbacks for the new structure to be a minimum of 75 feet for the rear yard and 50 feet for the side yard. 2. The maximum building height of the new detached accessory structure shall not exceed 20 feet. 3. The maximum accessory structure square footage for the site shall be no more than 3,500 square feet total. The existing legal non -conforming northerly structure does not count against the accessory structure square footage. 4. The northerly accessory structure, once removed, cannot be reconstructed. The structure cannot be expanded; repairs are permitted. 5. Construction/contractor operations and storage activities shall be prohibited in the new building and any existing accessory structures on the site. 6. In accordance with the ordinance criteria, a garden or tool shed of up to 160 square feet will be allowed in addition to the larger detached accessory structures. 7. All three parcels owned by the applicant must be combined prior to issuance of a building permit. 8. Accessory structures shall not be utilized as living space. 9. If future site development renders the oversized structure nonconforming, the building must be brought into compliance or removed as a condition of the development approval. Prepared by: Emily Schmitz Senior Planner Attachments: Applicant Letter Dated February 24, 2020 February 24, 2020 To Whom It May Concern: Reason for replacing pole barn structure is because it was built in 1977 making it 43 years old. The foundation is deteriorating. The concrete is broken in many places. The outside siding and doors need to be replaced. We would like to make it structurally sound to be able to store motorhome, boat, fishing ice house, motorcycle, trailers, lawn mower, etc. Sincerely, Dennis E. Galloway Maryann Galloway RECEIVE® FEB 2 S 2020 CITY OF COTTAGE GROVE