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HomeMy WebLinkAbout2009-04-01 Planning Report NAC NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231 .2555 Facsimile: 763.231.2561 planners @nacplanning.com PLANNING REPORT TO: Eric Johnson FROM: Scott Richards DATE: April 1, 2009 RE: Oak Park Heights — Doug Corblick, 15471 58 Street North — Conditional Use Permit for Side Yard Setback; Building Location; and Two Accessory Structures FILE NO: 798.07 — 09.01 BACKGROUND Doug Corblick of 15471 58 Street North originally requested a variance for a 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. As you are aware, the City Council approved amendments to Section 401.15.D, Accessory Buildings, Uses and Equipment to allow flexibility through conditional use permit versus variance review. The changes that were approved eliminated the need for the variances requested by Mr. Corblick. The conditional use permit process, instead, shall be utilized to address the setback and building location issues. Therefore, Mr. Corblick is now being considered for three conditional use permits to locate the accessory building within a side yard; to locate it within the five foot side yard setback requirement; and for two accessory structures. A new public hearing for the CUPs was advertised for the April 9, 2009 Planning Commission meeting. 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 /Location. 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. The Zoning Ordinance also requires that accessory buildings shall be located only within the rear yard. The recent amendments to the Ordinance now allow for variation from the location and setback requirements by approval of a conditional use permit. 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 except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. The playhouse /tool shed is located in a side yard. A CUP is required to allow this structure in a side versus a rear yard. Review of the CUP 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. Accessory buildings shall not be located within a utility and /or drainage 2 easement unless written approval is obtained from the easement holder. 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. The setback and height requirements under this provision may be varied by approval of a conditional use permit as provided for in Section 401.03 and Section 401.15.D.13 of this Ordinance. Accessory buildings may be closer than six (6) feet to other buildings or structures providing the requirements of the Building Code are met. The structure is located within the required side yard setback area. 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 except by approval of a conditional use permit according to the provisions of Section 401.03 and Section 401.15.D.13 of this Ordinance. 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. 3 Accessory Building Conditional Use Permit Criteria (Section 401.15.D.13). Application for a conditional use permit under this sub - section shall be regulated by Section 401.03 of this Ordinance. Such a conditional use permit may be granted provided that: a. There is a demonstrated need and potential for continued use of the structure for the purpose stated. A playhouse /tool shed is a common accessory building for a single family residential use. b. In the case of residential uses, no commercial or home occupation activities are conducted on the property. No commercial or home occupation activities are conducted on the property. c. The building has an evident re -use or function related to the principal use. The accessory structure's function as a playhouse and tool shed are related to the principal use of the property as a single family home. d. Accessory building shall be maintained in a manner that is compatible with the adjacent residential uses and does not present a hazard to public health, safety and general welfare. The house and playhouse /tool shed are compatible in appearance. The playhouse /tool shed does not present a hazard to public health, safety, and general welfare: although the structure was built five feet into property owned by Northern States Power Company (Xcel Energy), the company is willing to give an Encroachment License Agreement. e. The reductions of setback requirements is based upon a specific need or circumstance which is unique to the property in question and which, if approved, will not set a precedent which is contrary to the intent of this Ordinance. The reduction of the required five foot side yard setback requirement is based upon an error on the part of the homeowner and will not set a precedent that is contrary to the intent of this Ordinance. f. Existing property line drainage and utility easements are provided for and no building will occur upon this reserved space unless approved in writing by the easement holder. There are no easements involved in this case. However, the accessory structure is located on property owned by Northern States Power Company. The company has stated in writing that they are willing to give an Encroachment License Agreement. 4 g. The reduction will work toward the preservation of trees or unique physical features of the lot or area. There are no mature trees or unique physical features of the lot, such as topography that are affected by this request. h. If affecting a north lot line, the reduction will not restrict sun access from the abutting lots. N/A The building height of an accessory building shall not exceed twenty -five (25) feet. The accessory structure is approximately 15 feet in height and thus consistent with the height requirement. j. Accessory buildings or detached garages or combination thereof within a residential district shall not occupy more than thirty -five (35) percent of the rear yard. 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. k. The provisions of Section 401.03.A.8 of the Ordinance shall be considered and a determination made that the proposed activity is in compliance with such criteria. The City Council, the Planning Commission, and City staff shall have the authority to request additional information from the applicant. City Council & Planning Commission Considerations for Conditional Use Permits (Section 401.03.A.7). The conditional use permit requests for two accessory structures; to locate the accessory structure within a side yard; and to locate it within a side yard setback shall be reviewed against the following criteria (Section 401.03.A.8). The City Council and Planning Commission shall consider possible adverse effects of the proposed conditional uses. 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. 5 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. i. The proposed use's conformity with all performance standards contained herein (i.e., parking, loading, noise, etc.). The requests for two accessory structures; to locate the accessory structure within a side yard; and to locate it within the side yard setback requirement of five feet should not have a negative impact on the neighborhood, create a service capacity issue, or intensify the use of the property. CONCLUSION / RECOMMENDATION City staff recommends that the three conditional use permit requests to locate the accessory building within a side yard; to locate it within the five foot side yard setback requirement; and for two accessory structures be approved for the playhouse /tool shed located at 15471 58 Street North, 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