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HomeMy WebLinkAbout2020-06-22 PACKET 06.1.STAFF REPORT CASE: V2020-035 ITEM: 6.1 PUBLIC MEETING DATE: 6/22/20 TENTATIVE COUNCIL REVIEW DATE: 7/15/20 APPLICATION APPLICANT: Thomas and Gayle Schommer REQUEST: A variance to bluff line setback requirements in the Mississippi River Critical Area Corridor to allow an 840 square foot detached accessory structure to be 50 feet from the bluff line when the required setback is 100 feet. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 11710 Lockridge Avenue South R-2, Residential Estate 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 = 840 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 COTTAGE GROVE PLANNING DIVISION � here Pride and Prosperity Meet Planning Staff Contact: John M. Burbank, Senior Planner; 651-458-2825; jburbank(d)_cottagegrovemn.gov Application Accepted:. 6/1/2020 60 -Day Review Deadline: 7/31/2020 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Schommer Bluff Line Setback Variance Requests Planning Case No. V2020-035 June 22, 2020 Proposal Thomas and Gayle Schommer, 11710 Lockridge Avenue South, have applied for a variance to the required bluff line setbacks within the Mississippi River Critical Area Corridor to allow an 840 square foot detached accessory structure to be 50 feet from the bluff line, when the required setback is 100 feet. Site Location Map Review Schedule The application was received on May 26, 2020. The application was deemed complete on June 1, 2020. Planning Commission meeting on June 22, 2020. City Council meeting on July 15, 2020. The 60 -day application review expires on August 24, 2020. Background Information Comprehensive Plan — Future Land Use Designation The Future Land Use Map in the City's 2040 Comprehensive Plan identifies that this property is guided as Rural Residential. The proposed accessory use is consistent within that designation. Schommer Bluff Line Setback Planning Staff Report — V2020-035 June 22, 2020 Page 2 of 7 Zoning This parcel is currently zoned R-2, Residential Estate. Accessory structures up to 2,000 square feet are permitted in this zoning district. Existing Site Conditions The property is located within the Mississippi River Critical Area Corridor (Critical Area). The prop- erty consists of 1.5 acres and includes a variety of mature trees in the manicured portion of the yard and a natural woodland area with a variety of mixed trees and undergrowth in the rear two- thirds of the property. Within this portion of the yard, there is also a steep bluff that is a component of an offshoot gully of the Mississippi River drainage system. The property is currently on private well and septic. The proposed structure will be located outside of the minimum required septic field setback of 10 feet. Site Ortho Photo with Topography Review Based on the location of mature trees, the septic system, and the bluff on their property, the applicants have limited locations in which to locate the permitted accessory structure. As a result, the applicants initially submitted a front yard variance request. This application was later with- drawn due to a lack of staff support, which was based on the fact that it did not fit the character of the neighborhood and could have caused a negative impact. After consulting additionally with staff, an application was submitted requesting a variance to per- mit a detached accessory structure to be located less than the required 100 -foot bluff line setback. The applicants are proposing to locate the accessory structure 50 feet from the bluff line. Schommer Bluff Line Setback Planning Staff Report — V2020-035 June 22, 2020 Page 3 of 7 C J a -r 0 0 50' Propos 6 a[tl?55[ `n Structu LBS ir dhob Site Plan / Location Detail Planning Considerations Setbacks The proposed structure will meet the minimum required side yard setback of 20 feet. It should be noted that with the 2016 State Legislative changes related to the Critical Area, the bluff line set- back standard is now only 40 feet. This new standard is required to be included in the City's ordinance when it is mandated to be updated in 2021. Until the City Ordinance is amended, the setback requirement of 100 feet is still applicable. With the forthcoming setback reduction, staff is recommending support of a 55 -foot setback based on the findings detailed at the end of the report. The applicants request is in excess of the anticipated 40 -foot bluff line setback. Metro Urban Service Area (MUSA) The property is located outside of the Metropolitan Urban Service Area (MUSA). The location of the structure does not negatively impact the septic system for the property. Schommer Bluff Line Setback Planning Staff Report — V2020-035 June 22, 2020 Page 4 of 7 Traffic/Access The proposed use will not increase traffic in the neighborhood, nor will it modify the existing ac- cess location with the public right-of-way. At this time, no driveway access is proposed to the new structure. Surface Water Management The proposed use is below the threshold of impervious surface that would require additional stormwater management improvements. However, whenever large impervious structures are added to the landscape, the impacts on surface water drainage must be assessed. For the pro- posed project, the City Engineering Department reviewed the site and found no concerns related to drainage. Tree Preservation Tree removal related to the construction of the structure will result in the removal of two elms and one box elder with about nine -inch diameters and possibly two other elms about three to four inches in diameter. Trees proposed to be removed as a component of the request are below any mitigation requirements. Existing Accessory Structure The property currently contains one existing 12 -foot by 12 -foot (144 square feet) shed in the rear yard. City Code Title 11-3-3(B) Table 2 allows two detached accessory structures per property in the R-2 Zoning District (proposed structure is one of two). In addition, the Code allows a second accessory structure if it is under 160 square feet in size. Height The proposed structure has a peek height of 16 feet high, which is less than the height of the principal structure (16 feet, 3 inches), as required by ordinance. Architecture The proposed structure elevations are detailed below. Front 28' - Re9r —28 Proposed Structure Elevations North i South Schommer Bluff Line Setback Planning Staff Report — V2020-035 June 22, 2020 Page 5 of 7 The structure is proposed to have an exterior construction finish complementary to the principal structure, which is shown below. Principal Structure Exterior Design Ordinance Criteria With any variance request, the Planning Commission and City Council 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 diffi- culties or particular 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 granting of such variance from the strict application of the provisions of this title so as to relieve such practical difficulties to the degree considered reasonable without impairing the intent and purpose of this title and the comprehensive 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. 8. That 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. Schommer Bluff Line Setback Planning Staff Report — V2020-035 June 22, 2020 Page 6 of 7 The applicant's response to the ordinance criteria is attached. The City's Technical Review Com- mittee reviewed the application based on the ordinance criteria and supported the variance request based on the findings below. DNR Review Based on the property being located within the Mississippi River Critical Area Corridor, notice of the application was sent to the DNR. The DNR recommends adhering to the 40 -foot setback. Public Hearing Notices The public hearing notice was published in the mailed to the 29 property owners who are within Findings Saint Paul Pioneer Press on June 10, 2020 and 500 feet of the property on June 11, 2020. The findings of fact for a favorable recommendation of the location variance request are as follows: A. Locating an accessory structure outside of the 100 -foot bluff line setback area and behind the principal structure faces obstacles and conflicts with mature trees, septic areas, and required setbacks. B. The maximum proposed and permitted size of the proposed accessory structure is not incon- sistent with the size of other detached accessory structures in the surrounding area. C. The bluffline setback distance requirement will be reduced to 40 feet in the near future. D. The size is less than the permitted accessory structure square footage of 2,000 square feet. E. Grading and erosion control measures will be required to protect the bluff line from erosion or other negative impacts. F. The applicant is proposing to utilize the property in a reasonable manner by constructing an accessory structure on a large, single-family residential property. G. The property consists of unique circumstances not created by the property owners. Recommendation If the listed findings of fact in favor of granting a variance are found to be accurate and reliable, the Planning Commission should recommend that the City Council approve a variance to the required bluff line setbacks within the Mississippi River Critical Area Corridor to allow an 840 square foot detached accessory structure to be 50 feet from the bluff line, when the required setback is 100 feet, subject to the following conditions: The location of the detached accessory structure shall be no closer than 50 feet to the bluff line. 2. The maximum size of the detached accessory structure shall be limited to 1,500 square feet. Schommer Bluff Line Setback Planning Staff Report — V2020-035 June 22, 2020 Page 7 of 7 3. No expansion of the accessory structure beyond 1,500 square feet will be permitted without additional review before the City Council and general public. 4. The proposed exterior siding material for the proposed accessory structure shall match the style and color of the principal structure. 5. All applicable permits (i.e., building, electrical, grading, mechanical) must be completed, sub- mitted, and approved by the City prior to the commencement of any construction activities. 6. The use of the accessory structure for any contractor operation, use, storage, staging, or any other similar use is prohibited. 7. Grading and erosion control measures shall be utilized during construction to protect the bluffline from erosion or other negative impacts. 8. The conversion of the structure into habitable living space is prohibited. Prepared by: John M Burbank, AICP Senior Planner Attachments: Proposed Site Plan Building Elevations Applicant's Response to the Variance Ordinance Criteria z 0' /31aA� /,he �%t IST/NG tzxlz 3 S SM ed /6�overtiead Door 2 G' — 40` RECEIVED MAY 2 6 2020 CITY OF COTTAGE GROVE North South 00. m • i 3. 1 � r FL� Cottage Community Development Department Planning Division J Grove 12800 Ravine Parkway South Telephone: 651-458-2827 Cottage Grove, MN 55016 Fax: 651-458-2897 lyhere Prlde and PtpzPerfty Meet www.cottagegrovemn.gov E -Mail: planning(cDcottagegrovemn.gov 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, ✓ No LJ 2. The variance is consistent with the comprehensive plan. Please circle: (Yep .Li No LJ 3. The proposal puts the property to a reasonable use. Please explain. Gpr,�5e /S 1.1r_n(:!_ %.5� o );,, 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. 7-4e- Ohly ,9re.-4 we- cauId b";1J CIN 4hA4 wau Vf1r.vnce �s �o t� Sou % �.as� en4 oTr -iLe P" At n T� s GJhe►-e �-%,P 5��,-�;� sysft-�.-, �s /o�,q�-��, /Pequesi;h� A V�vri�nce �-o -1•tte se c u - 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. 7 -re Pas&SepSysT(f )3L � � tA); }ec�tA1 r,� A Diss �.9tice. 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 0'40E] 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. RECEIVED MAY 2 6 2020 CITY 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://,nhrA S ( 5'- �t oV11M e V- Case #: