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HomeMy WebLinkAbout2009-02-04 Planning Report • • NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 facsimile: 753.231.2551 plan ners(a)nacplanning.cam PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: February 4, 2009 RE: Oak Park Heights — Doug Corblick, 15471 58 Street North — Variance for Side Yard Setback and Building Location, Conditional Use Permit for Two Accessory Structures FILE NO: 798.07 — 09.01 BACKGROUND Doug Corblick of 15471 58 Street North has requested a variance for side yard setback and building location and a conditional use permit for two accessory structures. Mr. Corblick has constructed a playhouse /tool shed within the side yard setback area of his lot and partially within property owned by Northern States Power Company (Xcel Energy). Northern States Power Company has granted an Encroachment Licensing Agreement to Mr. Corblick to allow the playhouse /tool shed to remain on their property. The property is zoned R -1, Single Family Residential. Attached for reference: Exhibit 1: Aerial Photo of Site Exhibit 2: Site Plan Exhibit 3: Building Elevation Diagram Exhibit 4: Building Elevation Diagram Exhibit 5: September 22, 2008 Letter from Xcel Energy Exhibit 6: Encroachment Licensing Agreement Exhibit 7: Photos of Site ISSUES ANALYSIS Project Description. The applicant has constructed the 14 foot -10 inch by 11 foot by 10 inch two story accessory building within the side yard setback area and approximately five feet into property owned by Northern States Power Company. The structure has a four foot deck at the front of the structure, opposite the side that • • encroaches into the setback. The building is approximately 40 feet from the house. A detached garage is constructed adjacent to the home. Comprehensive Plan. The Comprehensive Plan Land Use Map designates this area for low density residential use. Single family homes and related accessory buildings are consistent with this land use type. Zoning. The property is zoned R -1, Single Family Residential District. Single family homes and related accessory buildings are listed permitted and accessory uses. Setbacks. The Zoning Ordinance requires a five foot setback from side lot lines and eight feet from rear lot lines. The front yard for this lot faces Stagecoach Trail and the rear lot line is on the west side. The south lot line, where the structure encroaches, is a side lot line, thus requiring a five foot setback. Although not related to this request, the existing home is within the setback requirement of 30 feet adjacent to 58 Street and the garage is within the eight foot setback requirement of the west lot line. Accessory Building Requirements. The following requirements for accessory buildings are reviewed as follows: 2. Location. No accessory buildings shall be erected or located within any required yard other than the rear yard. The playhouse /tool shed is located in a side yard. A variance is required to allow this structure in a side versus a rear yard. Review of the variance criteria is found later in this report. 3. Height/Setbacks. Accessory buildings shall not exceed twelve (12) feet in height and shall be five (5) feet or more from side lot lines, eight (8) feet from the rear lot line, and shall be six (6) feet or more from any other building or structure on the same lot and shall not be located within a utility and /or drainage easement. Accessory building height may be increased an additional five (5) feet with approval of the Building Official to match roof pitch or style of a principle structure. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. A setback variance is required. The structure is approximately 15 feet in height to the midpoint of the gabled roof and thus consistent with the height requirements. 4. Lot Coverage. No accessory building or detached garage or combination thereof within a residential district shall occupy more than twenty -five (25) percent of the area of the rear yard. 2 • • The rear yard area is 3,600 square feet. The total area of the garage and the playhouse (if relocated to that area) would be 540 square feet, thus occupying 15 percent of the rear lot area. 5. Number of Structures. No building permit shall be issued for the construction of more than one (1) private garage or storage structure for each detached single family dwelling, commercial, industrial, public or institutional building except by approval of a conditional use permit according to the provisions of Section 401.03 and 401.15.D.13 of this Ordinance. Every detached single family dwelling unit erected after the effective date of this Ordinance shall be so located on the lot so that at least a two (2) car garage, either attached or detached, can be located on said lot. Two accessory structures exist on the site - the garage and the playhouse /tool shed. A conditional use permit is required to allow the second accessory structure. 6. Size. No accessory building for single family dwellings or combination of attached and detached accessory buildings shall exceed one thousand (1,000) square feet of floor area, except by conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. The floor area of the two accessory buildings is 720 square feet. 11. Compatibility. The same or similar quality exterior material shall be used in the accessory building and in the principal building. All accessory buildings shall also be compatible with the principal building on the lot. The house and playhouse /tool shed are compatible in appearance. It yw� s+c s , k•N Conditional Use Permit. The conditional use permit for two accessory structures shall be reviewed against the following criteria. The City Council and Planning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Their judgment shall be based upon, but not limited to, the following factors: a. Relationship to the specific policies and provisions of the municipal comprehensive plan. b. The conformity with present and future land uses in the area. c. The environmental issues and geographic area involved. d. Whether the use will tend to or actually depreciate the area in which it is proposed. e. The impact on character of the surrounding area. f. The demonstrated need for such use. g. Traffic generation by the use in relation to capabilities of streets serving the property. h. The impact upon existing public services and facilities including parks, schools, streets, and utilities, and the City's service capacity. 3 • • i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The request for two accessory structures in this area should not have a negative impact on the neighborhood, create a service capacity issue or intensify the use of the property. V 'ance Criteria. The variances for side yard setback and building location shall be eviewed against the following criteria and conditions. view Criteria. In considering all requests for a variance and in taking subsequent C ..S action, the Planning Commission and City Council shall make a finding of fact that the proposed action will not: ca(r- a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase the congestion in the public street. 0 Have the effect of allowing any district uses prohibited therein, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standards which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this Ordinance. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of Item 5, below. The playhouse /tool shed should not have adverse impact as reviewed against the above criteria, except for the conditions as listed below: Conditions. A variance from the terms of this Ordinance shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same district. 1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. 2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of this Title. 3) Special conditions and circumstances causing undue hardship shall not be a result of lot size or building location when the lot qualifies as a buildable parcel. City staff finds no undue hardship that would justify granting variances for location or for setback. There is adequate space in the rear yard, within the accessory building 4 • • setbacks to accommodate the playhouse /tool shed. Additionally, there are no unique circumstances, such as mature trees or topography, that would prevent locating this structure outside of the allowable accessory building location. b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this Ordinance or deny the applicant the ability to put the property in question to a reasonable use. The playhouse /tool shed could have been constructed in conformance with the Zoning Ordinance. c. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. The applicant did not receive a building permit for the structure. If a building permit had been requested, it is likely the Building Official would have addressed the setback/location issues prior to the construction of the structure. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by this Ordinance to other lands, structures or buildings in the same district under the same conditions. Other applicants have been denied a side yard setback variance when there is no undue hardship. e. The request is not a result of non - conforming lands, structures or buildings in the same district. The request is not a result of other non - conformities. f. The request is not a use variance. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The structure is totally within the five foot setback area and five feet into an adjoining property not owned by the applicant. h. The request does not create an inconvenience to neighboring properties and uses. The structure is five feet into Northern States Power Company property. The company is willing to give an Encroachment License Agreement. 5 • • CONCLUSION / RECOMMENDATION City staff recommends that the variance for a side yard setback, variance for building location, and conditional use for two accessory structures be denied for the playhouse /tool shed located at 15471 58 Street North. There are no unique circumstances or hardship related to the variance requests. If the Planning Commission and City Council determine that a hardship exists, then City staff will recommend it be approved with the following conditions: 1. The applicant shall provide a signed copy of the Encroachment Licensing Agreement from Northern States Power Company. All provisions of the agreement shall be complied with by the applicant/property owner. 2. The applicant/property owner shall not make additions to the structure. 3. If the structure is destroyed by more than 50 percent of its value, it shall not be repaired or replaced unless brought into conformance with the Zoning Ordinance. 6