ITEM 5.1 Anderson CUPP
Otkzo
MINNESOTA
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
22 June 2015
PRESENTER(s):
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Johnson
5.1—Anderson CUP
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of the conditional use permit as recommended by the Planning
Commission.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
No
BACKGROUND/) USTIFICATION:
IS A PUBLIC HEARING REQUIRED?
Held by Planning Commission on 15 June 2015.
The Planning Commission held a public hearing on to consider the application of Mr. Rolfe
Anderson for a conditional use permit to allow relocation of an existing single family dwelling to
a vacant lot within the City. Mr. Anderson was present at the public hearing. There were no
objections to the request from the public and the Planning Commission raised no issues with
the request. The public hearing was closed and the Planning Commission voted 5-0 to
recommend approval subject to conditions. Findings of Fact and Decision have been drafted
consistent with the recommendation of the Planning Commission are attached for
consideration by the City Council.
SUPPORTING DOCUMENTS: ❑ ATTACHED ❑ NONE
A. Planning Report dated 10 June 2015
B. 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 to allow relocation of an existing structure to 8275 Packard
Avenue NE subject to the stipulations outlined on the Findings of Fact and Decision dated 16 June 2015.
BUDGET INFORMATION
FUNDING: BUDGETED: ❑ YES
NA
ACTION TAKEN
❑ NO
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231 .5840
Facsimile: 763.427.0520
TPC0Plannin9Co.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 10 June 2015
RE: Otsego —Anderson House Relocation CUP
TPC FILE: 101.01
BACKGROUND
Mr. Rolfe Anderson is proposing to move in an existing single family dwelling to a lot
located at 8275 Packard Avenue NE (Block 8, Lot 2 Vasseur's Oak Grove Estates 1st
Addition). There is an existing non -conforming manufactured home on the property
that is to be removed and existing detached accessory building will be relocated to
another location within the lot. The subject site is guided by the Comprehensive Plan
for low density residential uses and is zoned R-3, Residential Long Range Urban
Service District, which allows single family dwellings as a permitted use. Section 19 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 15 June
2015 at 7:00 PM to consider the application.
Exhibits:
A.
Site Location
B.
Site Plan
C.
Photograph
ANALYSIS
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.
The Department of Building Safety has performed an inspection of the structure and will
issue a building permit prior to its relocation to the subject site. Conformance with the
Uniform Building Code is recommended to be made a condition of any approval, subject
to review and approval of the Building Official.
Lot Standards. The following table illustrates required performance standards for
single family lots and dwellings in the R-3 District. As indicated, the subject property
and proposed location of the relocated single family house will conform to applicable
performance standards. A certificate of survey will be required to be provided for
issuance of a building permit to relocate the structure to the subject site.
Single Family Dwelling Standards. Section 20-17-11 of the Zoning Ordinance
outlines minimum design standards for single family uses, which apply to this
application. The basic requirements are for a perimeter foundation, minimum
dimensions of 30 feet by 24 feet, a shingled roof, and minimum overhangs of 1 foot.
Based upon the dimensions of house being 40 feet x 35 feet and the photograph
provided by the applicant, the existing structure is in conformance with these
requirements.
Accessory Building. There is an existing 352 square foot detached garage located
upon the property. The applicant intends to relocate the building within the site to be
closer to the garage attached to the single family dwelling, which would be on the south
side of the structure. The relocation of the accessory building within the site requires a
building permit. The subject site is allowed up to two detached accessory buildings
with a total area not to exceed 1,000 square feet, which the existing building complies
within. The accessory building will need to be setback a minimum of 35 feet from the
front lot line. The access to the detached accessory building and garage attached to
the principal structure will be required to utilize a single driveway to Packard Avenue.
Utilities. The applicant provide for an on-site septic system and well in accordance with
the current requirements of the City Code. These systems are subject to review and
approval of the Building Official.
Timeframe. Section 20-19-2.E requires that the relocated structure 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.
Security. Section 20-19-3 of the Zoning Ordinance 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. The City has required an escrow of $5,000.00 for
this purpose and must be provided at the time the building permit is issued.
2
Lot
Lot
Lot
Building Setbacks
Area
Width
Depth
Height
Front Side Rear
Required
1.0 ac.
150 ft.
100 ft.
2.5 stories 35 ft.
10ft.
50 ft.
Proposed
1.0 ac.
150 ft.
300 ft.
1 story 120 ft.
30/60ft.
145 ft.
Single Family Dwelling Standards. Section 20-17-11 of the Zoning Ordinance
outlines minimum design standards for single family uses, which apply to this
application. The basic requirements are for a perimeter foundation, minimum
dimensions of 30 feet by 24 feet, a shingled roof, and minimum overhangs of 1 foot.
Based upon the dimensions of house being 40 feet x 35 feet and the photograph
provided by the applicant, the existing structure is in conformance with these
requirements.
Accessory Building. There is an existing 352 square foot detached garage located
upon the property. The applicant intends to relocate the building within the site to be
closer to the garage attached to the single family dwelling, which would be on the south
side of the structure. The relocation of the accessory building within the site requires a
building permit. The subject site is allowed up to two detached accessory buildings
with a total area not to exceed 1,000 square feet, which the existing building complies
within. The accessory building will need to be setback a minimum of 35 feet from the
front lot line. The access to the detached accessory building and garage attached to
the principal structure will be required to utilize a single driveway to Packard Avenue.
Utilities. The applicant provide for an on-site septic system and well in accordance with
the current requirements of the City Code. These systems are subject to review and
approval of the Building Official.
Timeframe. Section 20-19-2.E requires that the relocated structure 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.
Security. Section 20-19-3 of the Zoning Ordinance 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. The City has required an escrow of $5,000.00 for
this purpose and must be provided at the time the building permit is issued.
2
Criteria. In considering CUP applications, the Planning Commission and City Council
must also take into consideration the possible adverse impacts of the building relocation
based upon (but not limited to) the following factors outlined in Section 20-4-21 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 an existing stick built single family dwelling meeting all applicable
requirements of the Building Code and Zoning Ordinance to redevelop this lot in
this neighborhood is consistent with this policy.
2. The proposed use's compatibility with present and future land uses of the area.
Comment. The surrounding area is developed with low density single family
residential uses, which are planned to continue by the Comprehensive Plan. As
such, the proposed use will be compatible with present and future land uses.
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 relocated structure will access off of Packard Avenue, which is a
local residential street with 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 provided for
within the City's existing service capacity.
3
RECOMMENDATION
The proposed use complies with all applicable performance standards and the criteria to
allow relocation of an existing structure to a lot within the City. 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 Block 8, Lot 2 Vasseur'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 structure.
2. The relocated structure shall be ready for occupancy and the existing
structure and any construction debris removed from the property within six
(6) months from the date of location on site, subject to approval of the
Building Official.
3. The applicant is to submit a certificate of survey identifying the principal
building, accessory building, septic system and well locations.
4. Relocation of the existing detached accessory building within the lot shall
require issuance of a building permit, shall comply with all setback
requirements and there shall be only one driveway to Packard Avenue
from the subject site.
5. The design of an on-site septic system and well are subject to review and
approval of the Building Official.
6. A security in the amount of $5,000.00 as required by Section 20-19-3 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. Lori Johnson, City Administrator
Tami Loff, City Clerk
Ron Wagner, City Engineer
Andy MacArthur, City Attorney
Rolfe Anderson, applicant
0
Site Location
Exhibit A
Date Created: 6/10/2015
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APPLICANT: Rolfe Anderson
6-16-15
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Request for approval of a conditional use permit to allow relocation of an existing
single family dwelling to a lot located at 8275 Packard Avenue in Otsego.
CITY COUNCIL MEETING: 22 June 2015
FINDINGS: Based upon review of the application and evidence received, the City Council of the
City of Otsego now makes the following findings of fact:
A.
B.
C.
D.
E.
The legal description of the property is Block 8, Lot 2 Vasseur's Oak Grove Estates 1st
Addition, City of Otsego, County of Wright, State of Minnesota.
The subject site is guided by the Comprehensive Plan for low density residential land uses
within the Long Range Urban Service Area.
The subject site is zoned R-3, Long Range Urban Service District.
The applicant is proposing to move an existing single family dwelling to the subject site;
relocation of existing structures to a lot in Otsego is allowed as a conditional use.
Consideration of the application is to be based upon (but not limited to) the criteria set forth
by Section 20-4-25 of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Finding: The Comprehensive Plan includes the policy that the character of individual
neighborhoods shall be reinforced, maintained and upgraded. The relocation of an
existing stick built single family dwelling meeting all applicable requirements of the
Building Code and Zoning Ordinance to redevelop this lot in this neighborhood is
consistent with this policy.
2. The proposed use's compatibility with present and future land uses of the area.
Finding. The surrounding area is developed with low density single family residential
uses, which are planned to continue by the Comprehensive Plan. As such, the
proposed use will be compatible with present and future land uses.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: 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.
1
Finding: The relocated structure will access off of Packard Avenue, which is a local
residential street with 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.
Finding: The proposed use is consistent with the Comprehensive Plan and conforms
to the Zoning Ordinance and therefore is anticipated to be provided for within the
City's existing service capacity.
F. The Planning Report dated 10 June 2015 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 15
February 2015 to consider the application, preceded by published and mailed notice; upon
review of the application, and other evidence, 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 findings outlined above.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
1. A building permit is applied for and approved by the Building Official prior to
relocation of the structure.
2. The relocated structure shall be ready for occupancy and the existing structure and
any construction debris removed from the property within six (6) months from the
date of location on site, subject to approval of the Building Official.
3. The applicant is to submit a certificate of survey identifying the principal building,
accessory building, septic system and well locations.
4. Relocation of the existing detached accessory building within the lot shall require
issuance of a building permit, shall comply with all setback requirements and there
shall be only one driveway to Packard Avenue from the subject site.
5. The design of an on-site septic system and well are subject to review and approval of
the Building Official.
6. A security in the amount of $5,000.00 as required by Section 20-19-3 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.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2
ADOPTED by the City Council of the City of Otsego this 22"d day of June, 2015.
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor
Attest:
Tami Loff, City Clerk