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Item 3.1 Otsego_PraughtCUP_rep3601 Thurston Avenue Anoka, MN 55303 763.231.5840 TPC@PlanningCo.com 1 PLANNING REPORT TO: Otsego Planning Commission FROM: D. Daniel Licht REPORT DATE: 31 August 2023 60-DAY DATE: 1 October 2023 RE: Otsego – Praught (PID 118-500-291100); Conditional Use Permit TPC FILE: 101.02 BACKGROUND Bradley and Deborah Praught own a 39.41 acre parcel located west of the Ashwood subdivision that is part of a larger +/- 160 acres of land holdings by them to the north and west extending to Nashua Avenue. Mr. and Ms. Praught are proposing to convey the parcel to one of their children upon which they would build a single family dwelling. The parcel has potential access from the current terminus of 75th Street or O’Brian Avenue from the Ashwood plat, but the proposed single family dwelling is intended to access to Nashua Avenue via a shared driveway with an existing house on the parcel to the west, also owned by a member of the Praught family. Construction of a single family dwelling upon the existing parcel of record and allowance of the proposed single family dwelling utilizing access to Nashua Avenue requires consideration of a Conditional Use Permit. A public hearing to consider the requested Conditional Use Permit has been noticed for the Planning Commission meeting on TUESDAY, 5 September 2023 at 7:00PM. Exhibits: Site Location Map Certificate of Survey Item 3.1 2 ANALYSIS Land Use. The 2023 Otsego Comprehensive Plan guides the parcel for Low Density Residential land uses with availability of City sewer and water utilities. The parcel and the other parcels owned by Mr. and Ms. Praught are located within Urban Service Expansion Area E1 designated by the 2023 Comprehensive Plan. Sewer and water utilities area available to the Praught properties, but would require construction of a sewer lift station in order to provide sewer service for development as guided by the Future Land Use Plan. The Praughts are not proposing construction of the sewer lift station and do not intend to develop their properties at urban densities at this time. Transportation. The Transportation Plan of the 2023 Otsego Comprehensive Plan illustrates future extension of 75th Street as a Residential Collector Street west of the Ashwood subdivision to an intersection at Nashua Avenue and 77th Street, although the location of this intersection is not firmly established. Nashua Avenue is currently a rural section gravel roadway, but is designated by the Transportation Plan as a future north/south Minor Arterial Street between 95th Street (CSAH 39) and 70th Street (CSAH 38). The extension of 75th Street would transverse the parcel and other parcels owned by Mr. and Mr. Praught. Construction of 75th Street between the Ashwood subdivision and Nashua Avenue is not included on the City’s current Capital Improvement Plan. Section 11-16-3.B of the Zoning Ordinance allows for construction of a single family dwelling upon the parcel provided that its location will not obstruct future extension of 75th Street. Zoning. The parcel is zoned A1, Agriculture Rural Service District and exists as a legal parcel of record. The area of the parcel exceeds the 20 acre minimum lot area requirement for parcels within the A-1 District. The parcel does not have the minimum 450 feet of frontage to a public right-of-way required for lots within the A-1 District, but does have potential access to 75th Street at the east line of the property. Section 11-15-2.4 of the Zoning Ordinance allows for construction of a single family dwelling upon the parcel by approval of a Conditional Use Permit. Surrounding Area. The table below illustrates the existing and planned uses surrounding the parcel. Construction of a single family dwelling upon the parcel will not present any compatibility issues with existing and planned uses in the area. Direction Land Use Plan Zoning Map Existing Use North LD Residential A1 District Cultivated field East LD Residential R5 District Ashwood South LD Residential A1 District Cultivated field West LD Residential A1 District Rural single family 3 Setbacks. The A1 District establishes setback requirements of 35 feet from local streets, 65 feet from collector or arterial rights-of-way, 10 feet from side lot lines, and 50 feet from rear lot lines. The existing parcel is not defined by front, side, or rear lot lines without frontage to a public right-of-way. The proposed house is setback 739 feet from the east parcel line and 476 feet from the south parcel line. The location of the proposed single family dwelling exceeds the greatest setback required for any yard and is consistent with the intent of the setback requirements. The location of the proposed single family dwelling will also not obstruct future construction of 75th Street. Access. The current terminus of 75th Street and O’Brian Avenue abut the east line of the parcel. The parcel is proposed to be accessed via a driveway to Nashua Avenue, shared in part by an existing driveway for the parcel to the east. Section 11-21-6.A requires that properties have access directly to an abutting improved public street unless a Conditional Use Permit is approved. The proposed use of the shared driveway to Nashua Avenue is acceptable provided that an ingress/egress easement is recorded over the shared driveway benefiting the subject site. The applicant also indicated an interest in a second driveway to the terminus end of 75th Street, which may be acceptable subject to approval of the City Engineer and execution of a right-of-way encroachment agreement approved by the City Council. Utilities. The single family dwelling to be constructed upon the parcel is to be served by on-site septic and well utilities. Approval of the septic system and well utilities are to be subject to review and approval of the Building Official with issuance of a building permit. RECOMMENDATION City staff recommends approval of a Conditional Use Permit to allow for construction of a single family dwelling upon a legal non-conforming parcel of record and use of a shared driveway for access to a public street subject to the stipulations outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a Conditional Use Permit for Bradley and Deborah Praught subject to the following conditions: 1. The subject site shall be developed in accordance with the Certificate of Survey and building plans on file and as approved by the City in accordance with Section 11-9-4 of the Zoning Ordinance. 2. An ingress/egress easement shall be recorded over Parcel A as shown on the Certificate of Survey allowing Parcel B access to Nashua Avenue, subject to review and approval of the Zoning Administrator. 3. All plans for on-site septic systems and wells shall be subject to review and approval of the Building Official. 4 B. Motion to recommend the application be denied based on a finding that the request is inconsistent with the Comprehensive Plan and intent of the Zoning Ordinance. C. Motion to table. c. Adam Flaherty, City Administrator/Finance Director Audra Etzel, City Clerk Ron Wagner, City Engineer David Kendall, City Attorney Site Location Map 921 ft Overview Legend Roads CSAHCL CTYCL MUNICL PRIVATECL TWPCL Highways Interstate State Hwy US Hwy City/Township Limits c t Parcels