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HomeMy WebLinkAbout2021-04-26 PACKET 06.1.STAFF REPORT CASE: V2021-032 ITEM: 6.1 PUBLIC MEETING DATE: 4/26/21 TENTATIVE COUNCIL REVIEW DATE: 5/19/21 APPLICATION APPLICANT: Marc Johnson REQUEST: A variance to allow for a detached garage on his property at to be converted into an accessory apartment as living space for a family member. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 10176 East Point Douglas 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: Highway 61 Highway 61 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: Emily Schmitz, Senior Planner; 651-458-2874; eschmitz(o-)_cottagegrovemn.gov Application Accepted:. 3/30/2021 60-Day Review Deadline: 5/28/2021 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report Accessory Apartment Variance Planning Case No. V2021-031 April 26, 2021 Proposal Marc Johnson, 10176 East Point Douglas Road South, has applied for a variance to allow a de- tached structure on his property to be converted into an accessory apartment as living space. , 01 E Location Map Orthographic Detail Review Deadline Application Received: March 30, 2021 Acceptance of Completed Application: March 31, 2021 Tentative City Council Date: May 19, 2021 60-day Review Deadline: May 28, 2021 Background Ordinance Criteria Accessory apartments are permitted in the R-1, Rural Resident Zoning District, as long as they comply with the conditions and standards contained in City Code Title 11-9A-3 below. Specifically, they are only permitted within the principle structure to ensure one dwelling unit per parcel as permitted by each zoning district. The City's Zoning Code specifically prohibits accessory apart- ments within detached structures, therefore, a variance is required. 11-9A-3: PERMITTED ACCESSORY USES: 1. Accessory apartments. A. Purpose: The purpose of this entry is to permit the installation of no more than one acces- sory apartment in an existing single-family dwelling. Because this opportunity is allowed in Johnson Variance — Detached Accessory Apartment Planning Staff Report — V2021-031 April 26, 2021 Page 2 of 5 neighborhoods with established recreation facilities, utility systems, parking, traffic patterns and architectural character, the installation and use of accessory apartments must be strictly controlled to avoid adverse physical, social, economic, environmental and aesthetic im- pacts. By allowing only those accessory apartments that are in compliance with all of the performance standards of this entry, the character and quality of existing neighborhoods will be protected. B. Performance Standards: (1) All remodeling for the addition of the accessory apartment shall be on the inside of the structure. Exceptions to this condition will be made only if the applicant submits exterior elevation drawings determined by the director of community development to be archi- tecturally compatible with adjacent structures. (2) At least four (4) paved off street parking spaces shall be available on the site, in a loca- tion other than in a required front yard. (3) Detached accessory structures shall not be converted to living space. (4) Both the principal and accessory unit must meet the applicable standards of the building code. (5) The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units on the premises, except for temporary absences. (6) No more than ten percent (10%) of the single-family dwellings in any one block may contain an accessory apartment. A "block" shall be interpreted to be an area enclosed on its perimeter by streets. In some cases, a block may also be bordered by a body of water or a municipal boundary line. (7) If the dwelling utilizes an on site sewage disposal system, additional capacity shall be added to the system if needed for the accessory unit. All systems shall be inspected by a licensed contractor or inspector prior to issuance or renewal of the accessory apart- ment permit. The system shall be pumped as necessary. (8) House numbers shall be placed on the principal structure to indicate that the structure contains an accessory apartment. With any variance request, 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. Johnson Variance — Detached Accessory Apartment Planning Staff Report — V2021-031 April 26, 2021 Page 3 of 5 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. Planning Considerations Property Characteristics The 2.57-acre property is located within the south side of the Cottage Grove Regional Park area. The parcel is guided rural residential in the 2040 Comprehensive Plan and is zoned R-1, Rural Residential, which allows for a density of 1 dwelling unit per 3 acres. The property consists of a three -bedroom, two -bathroom principle structure, built in 1920, with two accessory structures and one shed. An aboveground pool was installed in 2019. The property does not have access to public utilities; the on -site septic system is located to the south of the house. The property is located within the Cottage Grove Regional Park area, and there is a ravine to the west of the house where the elevation from the house to the west property line declines at a slope. Proposed Accessory Apartment Marc Johnson and his wife purchased the property in late 2016. He is requesting the variance as his mother was injured and being taken care of by his father, who recently passed, leaving his mother with no one to take care of her. She has relocated from her home in Illinois to his home and has been staying in the master bedroom, the only first floor bedroom. Marc has stated in his application, "construction of additional space connected to our home is prohibited because of blockages from the grade of a hill on one side and my septic system on the others." The applicant has requested to convert the accessory structure nearest to the home for his mother to reside in. Property Detail Johnson Variance — Detached Accessory Apartment Planning Staff Report — V2021-031 April 26, 2021 Page 4 of 5 Applicant Response The applicant's response to the ordinance criteria is attached. Public Hearing Notice The public hearing notice was mailed to 5 property owners within 500 feet of the property and published in the St. Paul Pioneer Press on April 14, 2021. Summary of Findings Findings of fact for a favorable recommendation to be considered during review are identified as follows: A. The variance is in harmony with the purposes and intent of this title. B. The variance is consistent with the comprehensive plan. • The property is guided as rural residential and the Code allows this type of accessory dwelling unit within the principle structure. C. The proposal puts the property to a reasonable use. • Residential use is reasonable, as long as it is accessory to the principle use and not used as a second dwelling unit. D. There are unique circumstances to the property not created by the landowner. • The applicant cannot control the topography of the property or the location of the septic system, thereby preventing an addition to the principle structure. However, it is possible for the applicant to remodel interior space to provide for this accessory dwelling within the principle structure. E. 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. F. That the purpose of the variance is not based exclusively upon a financial hardship. G. 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. • The property is fairly secluded, the detached structure already exists, and the applicant's mother already resides at the property, so there will be no impact or awareness of any change to the neighborhood. Recommendation If the listed findings of fact in favor of granting the variance are found to be accurate and reliable, the Planning Commission should recommend that the City Council approve the variance request at 10176 East Point Douglas Road South subject to the following conditions: Johnson Variance — Detached Accessory Apartment Planning Staff Report — V2021-031 April 26, 2021 Page 5 of 5 All applicable permits (i.e.; building, electrical, grading, mechanical, driveway) must be completed, submitted, and approved by the City prior to the commencement of any construction activities. 2. Verification from Washington County Environmental Services that the existing septic sys- tem is sized appropriately for the proposed additional dwelling must be provided to the City prior to the issuance of a building permit. Any septic permits to connect the detached struc- ture must be provided prior to issuance of any building permits. The applicant must install a septic system or septic system infrastructure for the second dwelling, as approved by the Building Official or the appropriate governmental unit. 3. A rental license must be secured with the City and required inspections and application fees completed to maintain the rental license per the City's rental license standards. 4. At such time a blood relative no longer resides in the dwelling within the detached structure, the structure must be converted back to an accessory structure, removing the kitchen and sleeping areas. 5. The second structure must comply with all requirements imposed by the Building Official, as well as State law. 6. No more than one bedroom is allowed inside the second structure. 7. The occupants of the accessory apartment shall be limited to relatives (by blood or marriage) to the existing single-family dwelling owners or should be the actual owners of the property. 8. No additional square footage shall be added to the existing structure. 9. The second structure must comply with all residential single-family zoning requirements such as height restrictions, impervious surface requirements, number of allowed motor vehicles, and other vehicles parked outside the second structure/dwelling. 10. No additional single-family structures/dwellings shall be allowed on the property. 11. There must be appropriate screening from existing uses and from neighboring properties, as approved by City Staff. 12. If the second structure/dwelling is not occupied for a period of one year, no occupant shall be allowed to occupy the second structure/dwelling as an accessory apartment use, and it shall only be used for permitted accessory uses. Prepared by: Emily Schmitz, Senior Planner Attachments: • Applicant's narrative • Applicant's Response to Ordinance Criteria Greetings, am writing this letter in regards to my petition to convert one of the detached garages on my property into a living space for my mother. My mother (Madie Johnson) is 81 years old and has endured a set of circumstances that necessitate that she move in with my family here in Cottage Grove. She was struck by a car in the beginning of April outside the home she shared with my father in a suburb of Chicago IL.for 41 years. Mom is mostly confined to a wheelchair now due to her injuries. She was initially able to stay at her home with my father in IL who was caring for her until he passed away from complications from a Covid-19 infection. She has no one who can care for her in IL. Mom lives with my family now at 10176 E. Point Douglas Rd S. We are on just under three acres, tucked into Ravine park. My wife and I gave my mother our bedroom. We currently sleep on the floor in the upstairs hallway. My mom has to be on the first floor of our home because she has great difficulty walking and with stairs. I have to assist her in getting in and out of the house for her medical appointments. There is no way to enter or exit my home without using stairs. I do not have a large house. The first floor consists of our master bedroom, a bathroom, a small dining nook and a family room. Our upstairs is literally two bedrooms and a bathroom. Construction of additional space connected to our home is prohibited because of blockages from the grade of a hill on one side and my septic system on the others. Despite her current condition mom is a very active senior. She can do the majority of things she needs to care for herself in the day to day. Mom has absolutely no problems driving and hopes to become active in her new community once she heals from her current injuries. However, we are being realistic and her living somewhere that involves taking stairs would greatly diminish the quality of her life by restricting her mobility. Doctors are encouraging her at some point to get a knee replacement on her "good" leg. With these circumstances in mind, I am asking that I be allowed to covert one of my detached garages to a home for my mother. Here she will be surrounded by my family, people that love her and want to care for her in her golden years. Thank you for your consideration of this matter, Marc Johnson. Cottage Community Development Department Planning Division J Grove 12800 Ravine Parkway South Telephone: 651-458-2827 e6tyMeet Cottage Grove, MN 55016 Fax: 651-458-2897 Pride a^dPtosF www.cottagegrovemn.gov E-Mail: cgplanninq(oD_cottagegrovemn.qov 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 ! o LJ 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. �Co�os�t , s- 44c) v-t J -e- 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. i e- -cc- c..-_, VX r 0 11 d—' V "- ./ I.w U s k 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. a� d �y ti, �,o ► itiol�v_ w 1-�'l� o w� v i r�.� C'_A I w ►-� �10 �,, S iv.o� x e _ 'r 1-o ' ©cam �{�. t l . L4, r c� e c �� o rc' 6. The purpose of the variance is not based exclusively upon a financial hardship. Please circle: es No 7. The granting of the variance will not be detrimental to the public welfare or injuri s to other land or improvements in the neighborhood in which the parcel of land is located. Please circle: Yes ZI No 0 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. 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: h 4 r C --dam s� P1 Case #: