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ITEM 4.1 Borders CUPOtkgo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Planning City Planner Licht 9 July2018 PRESENTER(s) REVIEWED BY: ITEM #: Assoc. Planner Stockman City Administrator/Finance Director Flaherty City Planner Licht 4.1— Borders CUP STRATEGIC VISION MEETS: THE CITY OF OTSEGO: relocation of existing structures to a 8218 Packard Avenue NE. Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. Held by Planning Commission 2 July 2018 Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. X Is a social community with diverse housing, service options, and employment opportunities. use permit to relocate an existing structure to a lot within the City. The property was previously Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: City staff and the Planning Commission recommend approval of a conditional use permit allowing relocation of existing structures to a 8218 Packard Avenue NE. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Held by Planning Commission 2 July 2018 BACKGRO UN D/J USTI FICATION: Eric and Sandra Borders are proposing to move in an existing single family dwelling with an attached garage to the lot at 8218 Packard Avenue. Chapter 38 of the Zoning Ordinance requires approval of a conditional use permit to relocate an existing structure to a lot within the City. The property was previously developed with a manufactured home that is to be removed. A public hearing was held by the Planning Commission meeting on 2 July 2018 to consider the proposed conditional use and provide a recommendation to the City Council. Mrs. Borders was present at the pubic hearing. One resident spoke in support of the request during the public hearing. The Planning Commission had no questions or concerns. The Planning Commission closed the public hearing and voted 5-0 to recommend approval of the proposed amendment. SUPPORTING DOCUMENTS ATTACHED: ■ Planning Report dated 3 July 2018 ■ Findings of Fact and Decision POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve a conditional use permit allowing relocation of an existing single family dwelling and detached accessory building to Lot 10, Block 1 Vasseur's Oak Grove Estates 15Y Addition subject to the conditions listed in the findings of fact and decision as presented. BUDGET INFORMATION FUNDING: BUDGETED: TPC The Planning Company PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht, AICP REPORT DATE: 3 July 2018 ACTION DATE: 4 August 2018 RE: Otsego — Borders House Relocation CUP TPC FILE: 101.02 BACKGROUND Eric and Sandra Borders are proposing to move in an existing single family dwelling with with an attached garage and also a detached accessory building to the lot at 8218 Packard Avenue (Lot 10, Block 1 Vasseur's Oak Grove Estates 1St Addition). Chapter 38 of the Zoning Ordinance requires approval of a conditional use permit to relocate an existing structure to a lot within the City. The property was previously developed with a manufactured home that is to be removed. A public hearing has been noticed for the Planning Commission meeting on 2 July 2018 at 7:00 PM to consider the application. Exhibits: ■ Site Location ■ Inspection report ANALYSIS Zoning. The subject site is zoned R-3, Residential Long Range Urban Service District where the proposed single family dwelling is a permitted use. Single Family Dwelling Standards. Section 11-17-11 of the Zoning Ordinance outlines minimum design standards for single family uses, which apply to this application. These requirements include a perimeter foundation, minimum dimensions of 30 feet by 24 feet, a shingled roof, and minimum overhangs of one foot. Conformance with these requirements will be confirmed with the building permit and certificate of survey. Accessory Building Standards. Section 11-18-2.C.6 of the Zoning Ordinance regulates detached accessory buildings within the R-3 District. The detached accessory building must be setback the same or greater distance from Packard Avenue as the single family dwelling. The detached accessory building is limited to an area of 1,080 square feet and height of 16 feet measured to the mid -point of the pitched roof. Compliance with the Zoning Ordinance area and height limits must be verified as part of the building permit process as a condition of approval. Building Code. The relocation of existing structures to lots within the City of Otsego requires that the building comply with applicable requirements of the Building Code. Staff from the Department of Building Safety have inspected the buildings. A building permit is required to be issued prior to relocation of the structures and any non-compliant issues will be required to be updated as a condition of a certificate of occupancy. Lot Standards. The following table illustrates required performance standards for single family lots and dwellings in the R-3 District. The subject site is a 1.0 acre lot with 150 feet of width at the front setback line from Packard Avenue. As the lot complies with the dimension standards of the R-3 District, there is adequate area within the lot to accommodate a single family dwelling. A certificate of survey confirming the location of the house upon the lot will be required with the building permit application. Utilities. The proposed house will be served by an on-site septic system and well in accordance with the requirements of Title 9, Chapter 5 of City Code. These systems are subject to review and approval of the Building Official. Security. Section 11-38-3.E of the Zoning Ordinance requires that the relocated structures be placed on the lot and a certificate of occupancy issued within six months from the date a building permit is issued. City staff recommends this requirement be included as a condition of approval. Section 11-38-4 of the Zoning Ordinance further requires that a security to be posted for the relocation of existing structures. This security is required in part to cover any costs that may be incurred due to damage during the relocation as well as encourage completion of the project in a timely manner. The City has required an escrow of $5,000.00 for this purpose to be provided at the time the building permit is issued. V Lot Area Lot Width Lot Depth Setbacks I Front Side Rear Single Family Dwelling 1.0 ac. 150 ft. 100 ft. 35 ft. 10ft. 50 ft. Accessory Building 35ft. 10ft. 10ft. Utilities. The proposed house will be served by an on-site septic system and well in accordance with the requirements of Title 9, Chapter 5 of City Code. These systems are subject to review and approval of the Building Official. Security. Section 11-38-3.E of the Zoning Ordinance requires that the relocated structures be placed on the lot and a certificate of occupancy issued within six months from the date a building permit is issued. City staff recommends this requirement be included as a condition of approval. Section 11-38-4 of the Zoning Ordinance further requires that a security to be posted for the relocation of existing structures. This security is required in part to cover any costs that may be incurred due to damage during the relocation as well as encourage completion of the project in a timely manner. The City has required an escrow of $5,000.00 for this purpose to be provided at the time the building permit is issued. V Criteria. In considering CUP applications, the Planning Commission must take into consideration the possible effects of the building relocation based upon (but not limited to) the criteria established by Section 11-4-2.F of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan includes the policy that the character of individual neighborhoods shall be reinforced, maintained and upgraded. The relocation of a stick - built single family dwelling meeting all applicable requirements of the Building Code and Zoning Ordinance to this neighborhood is consistent with this policy. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The area is developed with existing single family homes, which is the planned land use to continue into the future by the Comprehensive Plan. As such, the proposed use will be compatible with present and future land uses. Direction Land Use Plan Zoning Map Existing Use North LD Residential R-3 District Single family East LD Residential R-4 District Single family South LD Residential R-3 District Single family West LD Residential R-3 District Single family 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The subject site and relocated structure will conform to all applicable performance standards established by the Building Code and Zoning Ordinance. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The lot is accessed from Packard Avenue, which is an improved local residential street with a rural section design that has adequate capacity to serve traffic generated by the proposed use. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Comment: The proposed use is consistent with the Comprehensive Plan and conforms to the Zoning Ordinance and therefore is anticipated to be accommodated for within the City's existing service capacity. 3 RECOMMENDATION The proposed relocation of an existing single family dwelling and detached accessory building to 8218 Packard Avenue complies with all applicable criteria of the Zoning Ordinance. Our office recommends approval of the application subject to the conditions outlined below. POSSIBLE ACTIONS A. Motion to approve a conditional use permit to allow relocation of an existing single family dwelling and detached accessory building to Lot 10, Block 1, Vassuer's Oak Grove Estates 1St Addition subject to the following conditions: A building permit is applied for and approved by the Building Official prior to relocation of the structures. 2. The single family dwelling shall comply with the requirements of Section 11-17- 11 of the Zoning Ordinance. 3. The detached accessory building shall comply with the 1,080 square feet area limit and be no more than 16 feet high in accordance with Section 11-18-2 of the Zoning Ordinance. 4. The relocated structures shall be ready for occupancy within six (6) months from the date of location on site, subject to approval of the Building Official. 5. The applicant is to submit a certificate of survey identifying the buildings, septic system, and well locations that complies with the setback requirements of the R- 3 District. 6. The design of an on-site septic system and well shall comply with Title 9, Section 5 of the City Code, subject to review and approval of the Building Official. 7. A security in the amount of $5,000.00 as required by Section 11-38-4 of the Zoning Ordinance is posted at the time the building permit is issued and shall be returned upon issuance of a certificate of occupancy. B. Motion to deny the application based on a finding that the request is inconsistent with the Comprehensive Plan and Zoning Ordinance. C. Motion to table. 0 Adam Flaherty, City Administrator/Finance Director Tami Loff, City Clerk Barb Williams, Building Technician Andy MacArthur, City Attorney Eric and Sandra Borders i� Otkgo MINNESOTA APPLICANT: Erick and Sandra Borders 3 July 18 FINDINGS & DECISION CONDITIONAL USE PERMIT APPLICATION: Request for a conditional use permit to allow relocation of an existing single family dwelling and detached accessory building to 8218 Packard Avenue NE. CITY COUNCIL MEETING: 9 July 2018 FINDINGS: Based upon review of the application and evidence received, the Otsego City Council now makes the following findings of fact: A. The legal description of the property is Lots 10, Block 1 Vasseur's Oak Grove Estates 1S` Addition, City of Otsego, Wright County, State of Minnesota. B. The property lies within the Long Range Urban Service Area and is guided for low density residential land uses by the 2012 Otsego Comprehensive Plan, as amended. C. The property is zoned R-3, Residential Long Range Urban Service District (General). D. The applicant is proposing to relocate and existing single family dwelling and detached accessory building to the property; relocation of existing buildings to a lot within the City requires approval of a conditional use permit in accordance with Chapter 38 of the Zoning Ordinance. E. The Planning Commission and City Council must take into consideration the possible effects of the request with their judgment based upon (but not limited to) the criteria outlined in Section 11-4-25 of the Zoning Ordinance: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Findings: The Comprehensive Plan includes the policy that the character of individual neighborhoods shall be reinforced, maintained and upgraded. The relocation of a stick -built single family dwelling meeting all applicable requirements of the Building Code and Zoning Ordinance to this neighborhood is consistent with this policy. 2. The proposed use's compatibility with present and future land uses of the area. Findings. The area is developed with existing single family homes, which is the planned land use to continue into the future by the Comprehensive Plan. As such, the proposed use will be compatible with present and future land uses. Direction Land Use Plan Zoning Map Existing Use North LD Residential R-3 District Single family East LD Residential R-4 District Single family South LD Residential R-3 District Single family West LD Residential R-3 District Single family 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Findings: The subject site and relocated structure will conform to all applicable performance standards established by the Building Code and Zoning Ordinance. 4. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Findings: The lot is accessed from Packard Avenue, which is an improved local residential street with a rural section design that has adequate capacity to serve traffic generated by the proposed use. 5. The proposed use can be accommodated by existing public services and facilities and will not overburden the City's service capacity. Findings: The proposed use is consistent with the Comprehensive Plan and conforms to the Zoning Ordinance and therefore is anticipated to be accommodated for within the City's existing service capacity. F. The planning report dated 3 July 2018 prepared by the City Planner, The Planning Company LLC, is incorporated herein. G. The Otsego Planning Commission opened a public hearing at their regular meeting on 2 July 2018 to consider the application, preceded by published and mailed notice; based upon review of the application and evidence received, the public hearing was closed and the Planning Commission recommended by a 5-0 vote that the City Council approve the request based on the aforementioned findings. DECISION: Based on the foregoing information and applicable ordinances, the request is hereby APPROVED, subject to the following conditions: A building permit is applied for and approved by the Building Official prior to relocation of the structures. 2. The single family dwelling shall comply with the requirements of Section 11-17-11 of the Zoning Ordinance. 3. The detached accessory building shall comply with the 1,080 square feet area limit and be no more than 16 feet high in accordance with Section 11-18-2 of the Zoning Ordinance. 4. The relocated structures shall be ready for occupancy within six (6) months from the date of location on site, subject to approval of the Building Official. 5. The applicant is to submit a certificate of survey identifying the buildings, septic system, and well locations that complies with the setback requirements of the R-3 District. 6. The design of an on-site septic system and well shall comply with Title 9, Section 5 of the City Code, subject to review and approval of the Building Official. 7. A security in the amount of $5,000.00 as required by Section 11-38-4 of the Zoning Ordinance is posted at the time the building permit is issued and shall be returned upon issuance of a certificate of occupancy. 2 MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: Attest: ADOPTED by the City Council of the City of Otsego this 9th day of July, 2018. Tami Loff, City Clerk CITY OF OTSEGO By: Jessica L. Stockamp, Mayor INSPECTION NOTICE DATE TIME CITY OF �VCA�D-IN SCHEDULED PERMIT NO. ° lJ T COMPLETED ADDRESS / 373I - Pi4 e ✓i�� .2,_ __ OWNER/CONTR. :5&L' - I jsOxe40 t�4 r ❑ SITE INSPECTION ❑ MECHANICAL RI ❑ REINSPECTION ❑ CONC SLABS ❑ MECHANICAL FINAL ❑ FOLLOW-UP ❑ FOOTING ❑ INSULATION ❑ COMPLAINT ❑ POURED WALL ❑ RATED ASSEMBLY ❑ FIREPLACE ❑ FOUND. DRAINAGE ❑ BUILDING FINAL ❑ S RINKLE SYSTEM ❑ FRAMING ❑ SEPTIC INSTALL ❑ ❑ SHEATHING ❑ SEPTIC FINAL ❑ ❑ PLUMBING RI ❑ S & W HOOKUP ❑ ❑ PLUMBING FINAL ❑ GAS LINE�MANOME)TER ❑ COMMENTS: Gvr%Aclx✓.S !/\- FURTHER CORRECTIONS MAY BE REQUIRED ❑ PERMIT FINALED ❑ WORK SATISFACTORY: PROCEED ❑ PHOTO TAKEN ❑ CORRECT WORK & PROCEED ❑ CORRECT WORK. CALL FOR REINSPECTION BEFORE COVERING ❑ CORRECT UNSAFE CONDITION IMMEDIATELY. ❑ STOP ORDER POSTED. CALL INSPECTOR ❑ INSPECTION REQUIRED. CALL TO ARRANGE ACCESS. TO SCHEDULE YOUR INSPECTIONS PLEASE CALL: (763) 479-1720 Metro West Inspection Services Inc. 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