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08-04-08 PCITEM 3-7 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plannerst' nacplanning.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP RE: Otsego — Beebe 2nd Driveway CUP REPORT DATE: 30 July 2008 ACTION DATE: 6 September 2008 NAC FILE: 176.02 CITY FILE: 2008-24 BACKGROUND Mr. Ted Beebe has purchased the property at 9330 Ogden Avenue NE, which is developed with a single family dwelling and detached accessory building. There is a concrete pad in front of the detached accessory building, but it does not extend into the public right-of-way. The property is guided by the Comprehensive Plan for low density residential uses and is zoned R-3, Residential Long Range Urban Service District. Mr. Beebe is requesting approval of a conditional use permit in accordance with Section 20- 21-4.1-1.1 1.d of the Zoning Ordinance to allow for the connection of the existing concrete pad to Ogden Avenue as a second driveway. Exhibits: A. Site Survey B. Aerial Photograph ANALYSIS Need. Section 20-21-4.1-1.1 1.d of the Zoning Ordinance requires that there be a demonstrated need for more than one access to a public street from a single family lot in the R-3 District as the basis for approving a conditional use permit. More specifically, the need for the second driveway must be due to physical site constraints or the location of the principal building. As seen on the aerial photograph, the existing detached accessory building is to the south of the existing single family dwelling, which has the garage on the north side of the structure. The location of the existing structures and the orientation of the principal building make connecting a driveway from the detached accessory building to the existing driveway impractical. Based on these factors, City staff believes that there is a need for a second driveway to access the detached accessory building meeting the criteria established by the Zoning Ordinance. Lot Requirements. The table below illustrates the lot requirements of the R-3 District and the dimensions of the subject site: The Zoning Ordinance defines the "front' of a lot as the shortest lot line abutting a public street, which for the subject site is the south lot line. However, the house faces Ogden Avenue and it appears that the setbacks were interpreted using the west lot line as the "front". As such, the location of the existing single family dwelling is non -conforming with respect to several of the required setbacks. As the proposed second driveway does not effect the non -conforming status of the single family dwelling, or expand the non -conforming condition, there is no conflict in allowing the proposed second driveway with the non -conforming building provisions in Chapter 15 of the Zoning Ordinance. The detached accessory building subject site conforms to all of the lot requirements of the R-3 District and the requirement of Section 20-21-4.H.11.d(2) the Zoning Ordinance for a minimum lot width of 150 feet for allowance of a second driveway. The location of the proposed second driveway accessing the detached accessory building is not shown on the site plan. The existing concrete slab extending out from the detached accessory building is 24 feet wide and setback approximately 37 feet from the south property line. There is adequate spacing between the proposed second driveway and the Ogden Avenue and 93rd Street intersection if the concrete slab is extended out to intersect the public street. Surfacing. Section 20-21-4.H.12 of the Zoning Ordinance requires that lots final platted before 1992 have driveways surfaced to control dust and drainage. Because Ogden Avenue to which the second driveway is to be connected has an asphalt surface, City staff recommends that the second driveway also be paved (or concrete consistent with the existing slab). The design of the driveway within the boulevard portion of the right- of-way must also conform to the design standards of the Engineering Manual. Min. Lot Area Min. Lot Width Setbacks Front (South) Side (east/west) Rear (north) Driveway Required 1.0ac. 150ft. 35ft. 35ft./10ft. 50ft. 5ft. Existing/ Proposed House 1.1 ac. 200ft. 148ft. 33ft. 30.5ft. 30ft. Acc. Bldg. +/-35ft. ft. ft. 37ft. The Zoning Ordinance defines the "front' of a lot as the shortest lot line abutting a public street, which for the subject site is the south lot line. However, the house faces Ogden Avenue and it appears that the setbacks were interpreted using the west lot line as the "front". As such, the location of the existing single family dwelling is non -conforming with respect to several of the required setbacks. As the proposed second driveway does not effect the non -conforming status of the single family dwelling, or expand the non -conforming condition, there is no conflict in allowing the proposed second driveway with the non -conforming building provisions in Chapter 15 of the Zoning Ordinance. The detached accessory building subject site conforms to all of the lot requirements of the R-3 District and the requirement of Section 20-21-4.H.11.d(2) the Zoning Ordinance for a minimum lot width of 150 feet for allowance of a second driveway. The location of the proposed second driveway accessing the detached accessory building is not shown on the site plan. The existing concrete slab extending out from the detached accessory building is 24 feet wide and setback approximately 37 feet from the south property line. There is adequate spacing between the proposed second driveway and the Ogden Avenue and 93rd Street intersection if the concrete slab is extended out to intersect the public street. Surfacing. Section 20-21-4.H.12 of the Zoning Ordinance requires that lots final platted before 1992 have driveways surfaced to control dust and drainage. Because Ogden Avenue to which the second driveway is to be connected has an asphalt surface, City staff recommends that the second driveway also be paved (or concrete consistent with the existing slab). The design of the driveway within the boulevard portion of the right- of-way must also conform to the design standards of the Engineering Manual. Criteria. Applications for conditional use permits are to be evaluated based upon (but not limited to) the criteria set forth by Section 20-4-2.F of the Zoning Ordinance: 1. The proposed action's consistency with the specific policies and provisions of the Otsego Comprehensive Plan. Comment: A goal of the Comprehensive Plan is to accesses onto public streets for proper traffic management while providing adequate access to property. Allowance of a second driveway to the subject site is consistent with the Comprehensive Plan and criteria established by the Zoning Ordinance as there is a demonstrated need related to the location of the existing single family home on the propert. 2. The proposed use's compatibility with present and future land uses of the area. Comment: The subject site is surrounded by other existing one -acre single family development and no compatibility issues are anticipated as a result of connecting the existing concrete slab accessing the existing detached accessory building to the public street. 3. The proposed use's conformity with all performance standards contained within the Zoning Ordinance and other provisions of the City Code. Comment: The proposed second driveway will comply with all applicable performance standards. 4. Traffic generation of the proposed use in relation to capabilities of streets serving the property. Comment: The allowance of a second driveway to access a detached accessory building will not result in additional traffic generation that would negatively effect public streets. 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 driveway will not effect the City's service capacities. RECOMMENDATION Our office recommends approval of a CUP to allow construction of a second access to the lot at 9330 Ogden Avenue, subject to the conditions outlined below and any comments of other City staff. 3 POSSIBLE ACTIONS A. Motion to approve a CUP allowing construction of a second driveway, subject to the following conditions: The second driveway shall be constructed and paved within one (1) year from the date of approval. 2. The construction of the second driveway within the public right-of-way shall comply with Standard Plate #706. B. Motion to deny the application based on a finding that the request is inconsistent with the policies of the Comprehensive Plan and Zoning Ordinance criteria. C. Motion to table. ec. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Ted Beebe .19 LOT SURVEYS COMPANY, INC. INVOICE NO. 10,967 F. B. NO. 155-40 LAND SURVEYORS SCALE I" = sm REGISTERED UNDER LAWS OF STATE OF MINNESOTA o Denotes Iron Monument0 7601- 73rd Avenue North 660.8093 Denotes Wood Hub Set For Excavation Only Minnespolis, Mhummota 65428 x000.0 Denotes Existing Elevation HWS- PLUS, INC_ jJJ"0 iwftl Q Eco Denotes Proposed Elevation E— Denotes Surface Drainage Note: Proposed grades.are 5952.3 Proposed Top of Block(NousF; subject to results of soil tests. SP05• Proposed Garage Floor Property located in Section 16, Township 121, Rnage 23, Wright County, Minnesota iTo Iron _en6.6 Q15et? 576.17 79, 99o.S1� ISSo.2 1,1J 819.82 Z 0 0 N Da 22'8" -o �l SSo.o 0 I 0 82ra3 U I 1� NI b/ ti 5"!9.59 879.5 lop Iron .0055/G� �UjlUPC SUOd'�//fio'/ //jJG 20 LI%I lfy e Draimacho Ea5 merl� 13 Elt� . Q st'2 N 681.E 1514,7 Proposed Lowest Floor Type of Building �&VGI SPIj f — 200.00 I1yht Post q3 Qc) The only easements shown ate from plats of record or Information provided by cllsnt. WN hereby certify MN MIs Is a bus and comet mpmeentation of a survey of the baxWerk i of Me above In described d and Me location of a6 buik6rge and vis, Ibis ettcroachrrbnts, M amr, from a on Bald land. 6taveyed by ue Mb .-qday of Deca ig-r to 01 LVV. ' CJ ,—,115�0 60' 811S I 0 N STeE'E-T N•E ;s Lot 1, Block 6, MISSISSIPPI PARKWOOD -- �! Sued Ra and A. Prasch, ' Minn. Reg. No. 6743_ m It Page I of 2 s i� lr ID http://l56.99.28.84/servlet/com.esri.esrimap.Esrimap?ServiceName=CustomParcel&Client... 4/2/2008 ITEM 3-2 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan ners,4-nacplanning.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 30 July 2008 RE: Otsego — Comprehensive Plan; Transportation Plan map NAC FILE: 176.08 BACKGROUND The City Council has been studying construction of an interchange at 1-94 and Kadler Avenue. As part of this effort, the City Council directed the Planning Commission to hold a public hearing to amend the Transportation Plan map to address the planned interchange. Exhibits: A. Existing Transportation Plan map B. Proposed Transportation Plan map ANALYSIS The Comprehensive Plan adopted by the City in 2004 included a Transportation Plan and also the Northeast Wright County Transportation Plan maps (which do identify a future interchange at Kadler Avenue/CSAH 37). A first step in the City's process to move forward with planning for the proposed interchange at 1-94 and Kadler Avenue is to update the local transportation plan map to illustrate the project. Our office and the City Engineer have prepared an updated Transportation Plan map attached for reference illustrating the following changes: ■ Illustration of the preliminary plan view of the 1-94 / Kadler Avenue interchange. ■ The Transportation Plan map is shown overlaid on the current City basemap. Collector streets have been designated based on adjacent residential or commercial/industrial uses reflecting the separate roadway standards adopted as part of the Subdivision Ordinance and Engineering Manual. The commercial/industrial collector street west of CSAH 19 at 80th Street has been revised to intersect CSAH 19 at 77th Street. This location will allow for preservation of a full intersection at 77th Street based on Wright County spacing guidelines. Designation of several residential minor collector streets anticipating higher volumes of traffic beyond local access within these areas. RECOMMENDATION City staff recommends approval of the updated Transportation Plan map in the form attached hereto. POSSIBLE ACTIONS A. Motion to recommend City Council approval of the Transportation Plan update. B. Motion to recommend City Council not approve the Transportation Plan update. C. Motion to table. C. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer CITY OF OTSEGO ON THE GREAT R[VER ROAD Transportation Plan Primary Arterial Street ^I Minor Arterial Street Collector Street •*+�� Future Minor Arterial Str •*+. Future Collector Street BASE MAP AP DATA PROVIDED BY 111.1E 1� Note: This map is for planning purposes only. Map Date: November 2004 Page 117 Z Z Y II v - T 101 80th St -NE, - 76i�StLE I 75th Sl�E , r"L I - 0 0.5 1 2 - Miles 1 inch equals 1 mile NORTH CITY OF OTSEGD ON THE GREAT RNER ROAD Transportation Plan Functional Classification ^o Industrial/Commercial Major Collector ON., Minor Arterial 0"N�o Parkway 0%i Principal Arterial Residential Major Collector Residential Minor Collector I � 63th St NE Fal ITEM 3-3 NORTHWEST ASSOCIATED CONSULTANTS, INC. 4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422 Telephone: 763.231.2555 Facsimile: 763.231.2561 plan nerslwnacplanning.com MEMORANDUM TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 30 July 2008 RE: Otsego — Zoning Ordinance; Accessory Buildings NAC FILE: 176.08 BACKGROUND A number of issues related to regulation of accessory buildings have been identified recently. The purpose of this memorandum is to outline these issues and suggest possible modifications to the Zoning Ordinance in response. The Planning Commission discussed these issues at their meeting on 7 July 2008 and directed City staff to draft an ordinance amendment and schedule a public hearing. ANALYSIS Rear Yards Abutting Collector/Arterial Streets. The Zoning Ordinance requires a 65 foot setback from collector or arterial streets defined by the Comprehensive Plan. New subdivisions occurring within the east and west sewer districts are designed such that the lots abutting collector or arterial streets are double frontage lots with the front of the house accessed from a local residential street. In this scenario, the yard abutting the collector or arterial street is functionally the rear yard of the property, but the same 65 foot setback applies (versus a 20 foot setback for interior lots). It is common that these double frontage lots abutting collector or arterial streets are designed such that the house is located at the 65 foot setback line. Section 20-16-4.13 of the Zoning Ordinance does not exempt accessory structures on these lots from the 65 foot setback. Within the developed sewered subdivisions, play sets, garden sheds and other structures have been erected within these rear yards that do not meet the 65 foot setback. In order to address these existing lots and ensure usable yard space for accessory structures, the Planning Commission discussed the following amendment: 20-16-4.B.3: a. Attached accessory structures shall conform to principal building setbacks required for the zoning district in which the structure is located. b. Detached accessory structures may encroach into required side or rear yard setbacks when located in the rear yard of the lot, but shall not encroach into the required setback for a yard abutting a public street of a corner lot: 1. Detached accessory structures not exceedin one hundred fifty (150) square feet in gross floor area shall be setback at least five (5) feet from side or rear lot lines abutting other lots or ten (10) feet from a rear lot line abutting a public right -of -AY in the case of a through lot. 2. Detached accessory structures with a gross floor area larger than one hundred fifty (1501 square feet shall be setback at least ten (10) feet from side or rear lot lines abutting other lots or twenty (20) feet from a rear lot line abutting a public right-of- way in the case of a through lot. C. No accessory structure shall be located within a required buffer yard, drainage and utility easement or public right-of-way. Interior Lot Setbacks. A second setback issue related to detached accessory buildings larger than 1,000 square feet has been also been raised. Section 20-16-4.13.3 of the Zoning Ordinance currently requires that detached accessory structures larger than 1,000 square feet in all zoning districts conform to principal building setbacks. A similar provision is repeated for the R -C District in Section 20-60-8.C.2 to encourage clustering of buildings on a lot specifically within that district. Except within the A-1 and A-2 District on parcels larger than five acres, the maximum gross floor area of any single detached accessory building is 1,500 square feet. The principal building side and rear yard setbacks in districts other than the A-1 and A-2 District are 10 feet and 20 feet, respectively. The effect of this provision is to move the building 10 feet farther into the property from the rear lot line. Given that buildings with an area of more than 1,000 feet are only allowed on lots larger than one acre within A-1, A-2, R -C, R-1, R-2, and R-3 District and the difference in building mass between 1,000 square feet and 1,500 square feet on parcels this size is negligible, the Planning Commission saw minimal benefit to requiring the principal building setback (except in the R -C District). As such, the Planning Commission proposed that detached accessory buildings larger than 1,000 square feet would not required to meet principal building setbacks. Sewer District Detached Accessory Building Area. The Zoning Ordinance was amended in 1998 to establish provisions for detached accessory buildings within the sewer service districts in anticipation of and prior to urban density development. Section 20-16-4.13.7 of the Zoning Ordinance limits the area of a detached accessory building to 150 square feet if there is an attached garage on the property and the total area of attached and detached accessory building area to 1,150 square feet. The following language was offered for consideration to allow detached accessory buildings larger than 150 square feet only within the R -4A and R-4 District, which require minimum lot areas of 18,000 square feet and 12,000 square feet respectively. The provisions would allow for a detached accessory building in combination with the area of an attached garage based on lot area. The current standards for the R-5, R-6 and R-7 District, which require only a 9,000 square foot minimum lot area for single family uses, were not proposed to change. 20-16-4.B.7. Within the R-4ATand R-4, R -/ R ' end =� Zoning Districts: a. Lot Area Maximum Total Floor Maximum Gross Floor (square feet) Area of all Attached and Area of a Detached Detached Accessory Accessory Structure Structures When an Attached (square feet) Garage Exists on the Same Lot (square feet) 0.00 to 15,000 1,150 150 15,001 to 18,000 1, 220sf. 220 18, 001 or larger 1, 300sf. 300 b. In no case shall the floor area of an individual detached accessory building exceed one thousand (1, 000) square feet. i9c. There ® shall be no more than one (1) detached prima#@ accessory structure with a gross floor area larger than one hundred fifty (150) square feet per 1 o t . feD e ,6@ 014e4 84my4e-0-r- - - - -1 8. Within the R-5, R-6 and R-7 Zoning Districts: a. No accessory detached building shall occupy more than one hundred fifty (150) square feet when accompanied by an attached garage on the same lot, nor shall the combined total floor area of accessory detached structures and/or an attached garage exceed one thousand two hundred (1,150) square feet. b. There shall be no more than one (1) detached accessory structure with a gross floor area larger than one hundred fifty (150) square feet per lot. The consensus of the Planning Commission was that the allowance of larger detached accessory buildings within the R-4 and R -4A District would not have a significant benefit or sufficient interest to warrant a change at this time. C! RECOMMENDATION Our office recommends approval of the proposed Zoning Ordinance amendment regarding accessory buildings in the form attached hereto. POSSIBLE ACTIONS A. Motion to recommend City Council approval of the proposed Zoning Ordinance amendment regarding residential accessory buildings. B. Motion to recommend City Council not approve the proposed Zoning Ordinance amendment. C. Motion to table. C. Mike Robertson Judy Hudson Tim Rochel Ron Wagner Pat Hilden, 7094 Odell Avenue NE ORDINANCE NO.: 2008 - CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OTSEGO TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FOR THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 20-16-4.13.3 of the Zoning Ordinance is hereby amended to read as follows: 3. Setbacks and Encroachment: a. Attached accessory structures shall conform to principal building setbacks required for the zoning district in which the structure is located. b. Detached accessory structures may encroach into required side or rear yard setbacks when located in the rear yard of the lot, but shall not encroach into the required setback for a yard abutting a public street of a corner lot: Detached accessory structures not exceeding one hundred fifty (150) square feet in gross floor area shall be setback at least five (5) feet from side or rear lot lines abutting other lots or ten (10) feet from a rear lot line abutting a public right-of-way in the case of a through lot. 2. Detached accessory structures with a gross floor area larger than one hundred fifty (150) square feet shall be setback at least ten (10) feet from side or rear lot lines abutting other lots or twenty (20) feet from a rear lot line abutting a public right-of-way in the case of a through lot.