The URL can be used to link to this page

Home My WebLink About2021-06-28 PACKET 06.1.STAFF REPORT CASE: V2021-046 ITEM: 6.1 PUBLIC MEETING DATE: 6/28/21 TENTATIVE COUNCIL REVIEW DATE: 7/21/21 APPLICATION APPLICANT: Titan Property Ventures, LLC REQUEST: A variance to setback requirements for a proposed addition to an existing principal structure that would be closer than 100 feet from the normal high-water mark within the Mississippi River Critical Area. SITE DATA LOCATION: ZONING: GUIDED LAND USE: 8401 River Acres Road South R-4, Low Density Residential Low Density Residential LAND USE OF ADJACENT PROPERTIES: CURRENT GUIDED NORTH: Rural Residential Low Density Res. EAST: Rural Residential Trans Planning Area SOUTH: Mississippi River Mississippi River WEST: Rural Residential Low Density Res. SIZE: Addition = 288 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: Emily Schmitz, Senior Planner; 651-458-2827; eschmitz(o-)_cottagegrovemn.gov Application Accepted:. 6/2/2021 60-Day Review Deadline: 8/1/2021 City of Cottage Grove Planning Division • 12800 Ravine Parkway South • Cottage Grove, MN 55016 Planning Staff Report 8401 River Acres Road — OHWL Setback Variance Planning Case No. V21-046 June 28, 2021 Proposal Titan Property Ventures, LLC has applied for a variance to allow an addition to be constructed on the existing principal structure located at 8401 River Acres Road South consistent with the existing structure setback from the Ordinary High Water Level of the Mississippi River. Locanon map Planning Staff Report — 8401 River Acres Road OHWL Setback Variance Planning Case V2021-046 June 28, 2021 Page 2 of 7 Review Process Application Received: June 2, 2021 Acceptance of Completed Application: June 2, 2021 Planning Commission Date: June 28, 2021 Tentative City Council Date: July 21, 2021 60-Day Review Deadline: August 1, 2021 Property Characteristics The property is located along the Mississippi River, south of River Acres Road and the railroad tracks: Existing Site The house was re -constructed in 1984 after a house fire in 1983. At that time, the house and detached garage were required to be constructed at the 700-foot elevation, which would be re- quired by current Mississippi River Critical Corridor Area (MRCCA) standards as well. The house is located outside of the floodplain within the flood fringe district. The majority of the site is wooded with a gradual slope towards the river with no steep slopes or bluffs. Planning Considerations Ordinance Requirements The property is located within the R-4, Low Density Residential Zoning District as well as within the Mississippi River Critical Corridor Area (MRCCA). Current ordinance standards require structures, including additions to structures, to be setback 100 feet from the Ordinary High Water Level of the Mississippi River (elevation 688 feet). Planning Staff Report — 8401 River Acres Road OHWL Setback Variance Planning Case V2021-046 June 28, 2021 Page 3 of 7 PROPOSED ROOM ADD ttiG APPROX. 18' X 16 " 289 SIFr a. VIEW 1 � 65 feet EDGE OF EXISTING EXTERIOR DECK N i Current Setback From OHWL The parcel is located within the newly created River Neighborhood (RN) District per the new DNR MRCCA ordinance standards. The intent of this district is to maintain and manage existing residential neighborhoods visible from the river. The MRCCA ordinance is intended to protect the natural and historic areas along the river as well as minimize erosion and flow of untreated stormwater. MRCCA Districts CA -River Neighborhood (RN) CA -Rural Open Space (ROS) CA -River Town Crossings {RTC] CA -Separated From River (SR) CA -Urban Gore (UC) ■ CA -Urban Mixed (UM) MRCCA District Planning Staff Report — 8401 River Acres Road OHWL Setback Variance Planning Case V2021-046 June 28, 2021 Page 4 of 7 With all variance requests, the Planning Commisison and City Council must look to the zoning ordinance for guidance and direction. City Code Title 11-2-7: Variances Sections A and D states that: A. Authority And Purpose: The council may grant variances from the strict application of the pro- visions of this title and impose conditions and safeguards in the variances so granted in cases where there are practical difficulties 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 vari- ances, the request therefor shall be referred to the planning commission, and for its recom- mendation 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 rea- sonable 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 exten- sion of time for review be granted by the planning commission. The planning commission may recommend a variance from the strict application of the provi- sion 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. In addition, the MRCCA ordinance within the City Code allows for a variance review per City Code Title 11-15-16(B2): When considering a proposal for a variance or other applications within the Mississippi River Corridor Critical Area, the Planning Commission and City Council shall address the following items in making their decision: a. Preserving the scenic and recreational resources of the river corridor, especially in regard to the view from and use of the river. b. The maintenance of safe and healthful conditions. c. The prevention and control of water pollution, including sedimentation. d. The location of the site with respect to floodways, flood plains, slopes and bluff lines. Planning Staff Report — 8401 River Acres Road OHWL Setback Variance Planning Case V2021-046 June 28, 2021 Page 5 of 7 e. The erosion potential of the site based on degree and direction of slope, soil type and vegetative cover. f. Potential impact on game and fish habitat. g. Location of the site with respect to existing or future access roads. h. The amount of wastes to be generated and the adequacy of the proposed disposal systems. i. The anticipated demand for police, fire, medical and school services and facilities. f The compatibility of the proposed development with uses on adjacent land. Variance — Setback The existing principle structure and detached garage are located approximately 65 feet from the OHWL of the Mississippi River. City ordinance requires any addition to a structure or new struc- ture to be located no less than 100 feet from the OHWL of the Mississippi River-, therefore, a variance is required for the proposed addition to the principal structure maintaining the 65-foot setback. ------------- �Xts PROPOSED ROIAN t�O APPROX. 18',X.16- 0111 SF VIEW 1 �X�S� R � �I � G p, ��,�R�. � s.��re7 � EDGE OF EXISTING EXTERIOR DECK i 1 Ii `I' I y SITE PLAN 8401 RIVER ACRES ROAD MAY 20, 2021 1. = 5o.-0" PROPOSED REMODEL AND ROOM ADDITION Proposed Site Plan The DNR recently created an updated MRCCA Ordinance and provided draft language to cities along the Mississippi River Critical Corridor Area. The MRCCA rules were established to protect the corridor's natural, cultural, and scenic resources. As part of the City's adopted 2040 Com- Planning Staff Report — 8401 River Acres Road OHWL Setback Variance Planning Case V2021-046 June 28, 2021 Page 6 of 7 prehensive Plan, the City is required to adopt the new ordinance. The City is planning to adopt the new ordinance by the end of 2021. The new standards allow for the expansion of structures not meeting the minimum 100-foot setback given they do not expand closer to the River. With that said, the proposed addition to the principal structure would not extend closer than the exist- ing and therefore would align with the proposed ordinance amendment to be approved by end of the year. DNR Review The DNR had no comment related to this variance request. Public Hearing Notice The public hearing notice was mailed to 17 properties within 500 feet of the subject property and published in the St Paul Pioneer Press on June 16, 2021. Findings The findings of fact for a favorable recommendation of the location variance request are as follows: A. The ordinance is in the process of being amended to allow for the expansion of existing structures located within the MRCCA, given they do not encroach further towards the River. The proposed addition will not be constructed closer to the river than the existing structure. B. There is an existing legal non -conforming principle structure on the site. C. The applicant is proposing to utilize the property in a reasonable manner by constructing an addition at the existing setback from OHWL and will not impact the natural, cultural, or scenic resources of the critical area. D. The property consists of unique circumstances not created by the property owners. Recommendation Based on the findings of fact, staff recommends that the Planning Commission approve the var- iance to allow an addition to be added to the existing principal structure maintaining the existing setback of 65 feet from the ordinary high water level (OHWL) at 8401 River Acres Road South, subject to the following conditions: 1. The addition to the principal structure shall be constructed at or above the 700-foot elevation. 2. The addition shall not be constructed closer than 65 feet to the Ordinary High Water Level of the Mississippi River. 3. An erosion control plan and grading plan must be submitted and approved by the City Engineer. Planning Staff Report — 8401 River Acres Road OHWL Setback Variance Planning Case V2021-046 June 28, 2021 Page 7 of 7 4. The septic system shall comply with all Washington County codes, and all required in- spections and approvals should be conducted. Washington County approval is required to be submitted prior to the issuance of a building permit. 5. All applicable permits (i.e.; building, electrical, grading, and mechanical) must be completed, submitted, and approved by the City prior to the commencement of any con- struction activities. Prepared by: Emily Schmitz Senior Planner Attachments: Site Plan and Elevations Variance Criteria Response —..��1 \,_ ---------------- --r G e�\`��5 • PROPOSED ROO INOv APPROX. 18' X 1 ' 'o S F OEDGE VIEW 1 ...� 19 F EXISTING EXTERIOR DECK I I SITE PLAN 8401 RIVER ACRES ROAD 1' = 50'-0" PROPOSED REMODEL AND ROOM ADDITION MAY 20, 2021 VIEW 1 - EXISTING 8401 RIVER ACRES ROAD MAY 20, 2021 PROPOSED REMODEL AND ROOM ADDITION r � d �Y f"C� 'i •"A {. w AQ If ,a aim""'.. 1 .� ,ia a73s*� �-�.,�_� ,�' ,,•fit,, ` RIVER ACRES ROA❑ �r I lip Ow. a :. �MIR r .101A a'1^' � �Y`�"5•� r gam. j Sf. Am N Wks MOYA •:�,.. 'fix-csa.�.:. �+bwss_ .. ?-* Community Development Department Planning Division ` L% Cottage Grove 12800 Ravine Parkway South Telephone: 651-458-2827 Cottage Grove, MN 55016 Fax: 651-458-2897 �e-e P,;A. aM1a t www.cottagegrGvemn.gov E-Mail: cgplanning(dcottagegrovemn.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 Ll 2. The variance is consistent with the comprehensive plan. Please circle: Yes No I 3. The proposal puts the property to a reasonable use. Please explain. , V^t a68(fIor\ Err c� ifhQ►(':N � W®0,- be'N roe1— anal 1�e-s 919- ' nc wee aCcpt 5 Je 7o c. O k- ftk4lkM o l-ne-rs, -Fbkx/- 6ea m oln Into fv e s G&e_ rw re- C�✓w� t i.� Lscr ref, a5 0e 6h4Sed Fo Q V,, a ce • lh� s S cow�-.o�. i n* tom.' C�r.,.rn�t W (J A,,�ho4xvr� �nv� �nae�r�t mac)t E r Cf dryIt cM._ 4ev� t tAJ 4t, L0-t a S t cka� �c,r rv+any Awi( 1r4, 4. There are unique circumstances to the property not created by the landowner. Please identify these circumstances. SS ('C5 #' f ? J2� �,yr o fl v S WA i t hQ (cA JcS s'f#Aplic( aaA 6 � fioo „q c, � q (rtirQC11 e-A S fi 4f Sh'uC&,4, , ch i bca�cJ r n by fiIro.; n kybc r_s cl -ick T>r _ 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. ¢:v�✓ an8 �61drMkjL�k ar`S i NP--it it 4h, k 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 in'urious to other land or improvements the neighborhood in which the parcel of land is located. Please circle: Yes No 0 ck 1 ,a__ ' ?j,,r hCt�Sc c�1 fCc . 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. I I►�ere- S �o�t `c� b� A cn, fna �i v'_ i ne\ a c fi— 5mm f� {W 5epfi,c- 5 5ferh s ra id yrc� o, y i'0RJ0(50 9 hd Lt Se- , qAJ PL�nnr-� hcS c"f'4 -f %e-erl Sr,bm�'� r U)PE51►%- Cn�n 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 Nanne7 MIAs Lc. L— Case #: