3.5 Praught Conditional Use PermitRequest for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Planning City Planner Licht September 11, 2023
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty 3.5 – Praught CUP
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
Is a strong organization that is committed to leading the community through innovative communication.
Has proactively expanded infrastructure to responsibly provide core services.
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.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council approve a Conditional Use Permit.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No Yes, held by Planning Commission on 5 September 2023
BACKGROUND/JUSTIFICATION:
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 was held by the Planning Commission at their meeting
on 5 September 2023. Mr. Marcus Berning of Ziegler Custom Homes was present on behalf of the applicant. Mr. Berning
had no comments regarding the staff report. One resident that owns a parcel south of 80th Street to the north of the
subject site stated they had no objection to the proposal. With no other public comments, the Planning Commission
closed the public hearing.
The Planning Commission discussed if the proposed single-family dwelling would interfere with future urban expansion of
the East Sewer District. City staff noted that the decision to further develop the property is that of the property owner.
If not developed, the City would still have the same potential issue with acquisition of right-of-way for extension of 75th
Street requiring the cooperation of the property owner notwithstanding the current application.
The Planning Commission had no other comments and voted 7-0 to recommend approval of the application.
SUPPORTING DOCUMENTS ATTACHED:
• Planning Report dated 31 August 2023
• 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 for Bradley and Deborah Praught subject to conditions as presented on
the Findings of Fact and Decision.
BUDGET INFORMATION
FUNDING: BUDGETED:
Fund 701 – Development Escrow N/A
3601 Thurston Avenue
Anoka, MN 55303
763.231.5840
TPC@PlanningCo.com
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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
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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
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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.
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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
v1-6Sep23 1
CONDITIONAL USE PERMIT
FINDINGS OF FACT & DECISION
APPLICANT: Bradley and Deborah Praught
APPLICATION: Request for a Conditional Use Permit to allow construction of a single-family dwelling on a
non-conforming parcel with indirect access to a public street.
CITY COUNCIL MEETING: 11 September 2023
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:
The East 1301.00 feet of the Southeast Quarter of the Northeast Quarter of Section 29,
Township 121, Range 23, Wright County. Minnesota.
Together with a utility easement.
B.The property lies within the East Sewer District and is guided for Low Density Residential land uses by
the 2023 Otsego Comprehensive Plan, as amended.
C.The property is zoned A-1, Agriculture Rural Service District.
D.The applicant is proposing to construct a single-family dwelling on an existing lot of record without
direct access to a public street.
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:
1.The proposed action's consistency with the specific policies and provisions of the Otsego
Comprehensive Plan.
Finding: The Comprehensive Plan establishes policies for interim development of existing rural areas to
allow for land uses that will not interfere with or obstruct planned urban expansion. The proposed use
will remain a large rural parcel with potential future subdivision when sewer and water utilities are
available and will not obstruct future extension of street and utility corridors. The proposed use is
consistent with the policies of the Comprehensive Plan.
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2.The proposed use's compatibility with present and future land uses of the area.
Finding: The subject site is surrounded by Low Density Residential uses to the east and cultivated fields
in all other directions. The proposed use will be compatible with existing and future uses in the area.
3.The proposed use's conformity with all performance standards contained within the Zoning Ordinance
and other provisions of the City Code.
Finding: The proposed use will comply with the requirements of the Zoning Ordinance except as provided
for by approval of the requested Conditional Use Permit.
4.Traffic generation of the proposed use in relation to capabilities of streets serving the property.
Finding: The proposed use will utilize a shared driveway to access Nashua Avenue or had potential direct
access to 75th Street or O’Brian Avenue. These streets have adequate capacity to accommodate 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.
Finding: The proposed use can be accommodated by existing City services and facilities and will not
cause an undue burden.
F.The planning report dated 31 August 2023 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 5 September
2023 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 7-0 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:
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.
v1-6Sep23 3
ADOPTED by the Otsego City Council this 11th day of September, 2023.
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
CITY OF OTSEGO
__________________________________
Jessica L. Stockamp, Mayor
ATTEST:
__________________________________
Audra Etzel, City Clerk