ITEM 5.1 McChesney CUPF
Otsezo
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
24 June 2019
PRESENTER(s)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator/Finance Director Flaherty
5.1— McChesney CUP
STRATEGIC VISION
MEETS:
I THE CITY OF OTSEGO:
dwelling to a lot within the City.
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 17 June 2019
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.
Chapter 38 of the Zoning Ordinance requires approval of a conditional use permit to relocate an existing
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a conditional use permit allowing relocation of an existing single family
dwelling to a lot within the City.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission 17 June 2019
BACKGROUND/JUSTIFICATION:
McChesney Ventures LLC are proposing to move in an existing single family dwelling and attached garage
from 8891 Parrish Avenue (CSAH 42) to 8144 Ochoa Avenue, which is Lot 2, Block 2 Walesch Estates.
Chapter 38 of the Zoning Ordinance requires approval of a conditional use permit to relocate an existing
structure to a lot within the City.
A public hearing was held at the Planning Commission meeting on 17 June 2019 to consider the
application. Mr. John McChesney was present as the applicant and agreed with the recommendations of
City staff. There were no public comments.
The Planning Commission stated they liked that the house was being reused versus being torn town to
make way for new development. The public hearing was closed and the Planning Commission voted 5 -Oto
recommend approval of the application. Findings of Fact and Decision consistent with the
recommendation of the Planning Commission have been drafted for City Council review and action.
SUPPORTING DOCUMENTS ATTACHED:
■ Planning Report dated 11 June 2019
■ Findings of Fact and Decision
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Motion to approve a conditional use permit allowing relocation of an existing single family dwelling to Lot
2, Block 2 Walesch Estates.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
TPC
The Planning Company
PLANNING REPORT
TO:
FROM:
REPORT DATE
ACTION DATE
RE:
TPC FILE:
BACKGROUND
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
Otsego Planning Commission
D. Daniel Licht, AICP
11 June 2019
12 July 2019
Otsego — McChesney House Relocation CUP
101.02
McChesney Ventures are proposing to move in an existing single family dwelling and attached
garage from 8891 Parrish Avenue (CSAH 42) to 8144 Ochoa Avenue, which is Lot 2, Block 2
Walesch Estates. Chapter 38 of the Zoning Ordinance requires approval of a conditional use
permit to relocate an existing structure to a lot within the City. A public hearing has been
noticed for the Planning Commission meeting on 17 June 2019 at 7:00 PM to consider the
application.
Exhibits:
■ Site location
■ Site exhibit
ANALYSIS
Zoning. The subject site is zoned R-3, Residential Long Range Urban Service District. The
proposed single family dwelling is a permitted use within the R-3 District.
Single Family Dwelling Standards. Section 11-17-11 of the Zoning Ordinance outlines minimum
design standards for single family uses, which apply to this proposed house. These
requirements include a perimeter foundation, minimum dimensions of 30 feet by 24 feet, a
shingled roof, and minimum overhangs of one foot. The existing house complies with these
requirements.
Building Code. The relocation of an existing structure to a lot within the City requires that the
building comply with applicable requirements of the Building Code. A building permit is
required to be issued prior to relocation of the structures and any non-compliant Building Code
issues will be required to be updated as a condition of a certificate of occupancy. 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 6 months from the date a building permit is issued. City
staff recommends this requirement be included as a condition of approval.
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 0.94 acre lot with 150 feet of width at
the front setback line from Ochoa Avenue. Although the lot has less than the minimum area
required within the R-3 District, there is adequate area within the lot to accommodate a single
family dwelling within required setbacks. A certificate of survey confirming the location of the
house upon the lot will be required with the building permit application.
Lot
Area
Lot
Width
Lot
Depth
Setbacks
Front
Side
Rear
1.0 ac.
150 ft.
100 ft.
35 ft.
10ft.
50 ft.
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 11-38-4 of the Zoning Ordinance requires that a security is to be posted for
the relocation of existing structures. This security is required in part to cover any costs that
may be incurred by the City due to damage during the relocation, as well as encourage
completion of the project in a timely manner. The City requires an escrow of $5,000.00 for this
purpose to be provided at the time the building permit is issued.
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:
1. 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 within this established neighborhood is consistent with this policy.
2. The proposed use's compatibility with present and future land uses of the area.
2
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-3 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 Ochoa 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.
RECOMMENDATION
The proposed relocation of an existing single family dwelling to the lot at 8144 Ochoa Avenue
complies with all applicable requirements 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 to Lot 2, Block 2 Walesch Estates, 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 relocated structures shall be ready for occupancy within 6 months from the
date of location on site, subject to approval of the Building Official.
4. 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.
5. 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.
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.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Barb Williams, Building Technician
Andy MacArthur, City Attorney
John McChesney, applicant
McChesney CUP - Site Map
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MINNESOTA V
APPLICANT: McChesney Ventures LLC
18 Jun 19
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Request for a conditional use permit for relocation of an existing single family
dwelling.
CITY COUNCIL MEETING: 24 June 2019
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 properties is Lot 2, Block 2 Walesch Estates, City of Otsego,
County of Wright, 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 Area.
D. The applicant is proposing to relocate an existing single family dwelling to the property;
Chapter 38 of the Zoning Ordinance requires approval of a conditional use permit to relocate
an existing structure to a lot within the City.
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 11-4-2.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 within this established 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-3 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 Ochoa 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.
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.
F. The planning report dated 11 June 2019 prepared by the City Planner, The Planning
Company LLC, is incorporated herein.
G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 17
June 2019 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 relocated structures shall be ready for occupancy within 6 months from the date of
location on site, subject to approval of the Building Official.
4. 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.
5. 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.
6. 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:
ADOPTED by the City Council of the City of Otsego this 24th day of June, 2019.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk