11-15-10 PCITEM 3-1
3601 Thurston Avenue N, Suite 100
Anoka, MN 55303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPCTPCg Plan ni ngCo. com
PLANNING REPORT
TO:
FROM:
RE:
REPORT DATE
TPC FILE:
BACKGROUND
Otsego Planning Commission
Daniel Licht, AICP
Otsego — Martin Farms; Source Construction Capital
10 November 2010 ACTION DATE: 12 December 2010
101.02 — 10.24
Source Capital owns a vacant lot in Martin Farms located at 12054 74th Street NE (Lot
1, Block 9 Martin Farms). The subject site is zoned R-4 District. The applicant is
seeking an amendment to the PUD -CUP approved for Martin Farms to allow
modifications of the setbacks applied to the lot in order to expand the building envelope
and increase the range of potential house designs. Lennar Corporation received
approval on 9 November 2009 for application of the same setbacks requested by the
applicant for 54 lots within the same development. The application has also been
noticed to consider possible amendment of the setbacks for the R-4 and R-6 District
that would address not only this lot, but others with similar situations.
Exhibits:
A. Site Location
B. Draft Zoning Ordinance
ANALYSIS
Lot Requirements. The minimum requirements for single family lots within the R-4 are
shown below:
Min. Lot Area
Min. Lot Width
Corner
Min. Lot Width
Interior
R-4
12, 000sf.
100ft.
75ft.
The Zoning Ordinance was amended on March 13, 2006 to establish increased
minimum lot widths for corner lots in the R-4. The increase in minimum lot width was
seen as necessary to ensure that there is an adequate building envelope on corner lots
subject to a 35 foot setback on side lot line abutting a public street. The Martin Farms
preliminary plat was approved on 28 July 2003 predating this change to the Zoning
Ordinance. As such all of the lots in Martin Farms, including this corner lot are subject
only to the minimum lot width requirements applicable to interior lots for the respective
zoning district. The subject lot has an area of 13,538 square feet and width of 90 feet.
Setbacks. The table below outlines the required setbacks in the R-4 as well as those
proposed by to apply to the subject lot:
Based on the more recently adopted minimum lot width and setback requirements for
corner lots, the minimum building pad within the R-4 District lot is 55 feet. The lot width
and applicable setbacks for the subject lot result in a 45 foot building pad. The
application of the setbacks as requested by the applicant would allow for a 53 foot wide
building pad.
The City has not previously approved flexibility from the setback requirement for side
yards abutting public right-of-ways different from that required for the front yard (except
for the 54 lots owned by Lennar of which six were corner lots). The intent of requiring
the same setback abutting public right-of-way for front and side yards is to maintain a
consistent building line along a street for aesthetic and traffic visibility reasons. The
subject lot is not unique in that the abutting vacant lot to the north within Arbor Creek
has the same lot width and applicable setbacks. The lot immediately to the south of the
subject lot in Martin Farms has the same lot width but was approved to have the
requested setbacks as part of the Lennar application.
As noted above Martin Farms (and Arbor Creek) was preliminary platted before the
minimum lot requirements for corner lots were increased after it was recognized that
many of the corner lots that had been developed had constrained building sites. This
same finding was made as a basis for approving the PUD -CUP amendment for the 54
lots owned by Lennar within Martin Farms. For this reason, the Planning Commission
may consider an amendment to the Zoning Ordinance a more appropriate response to
this issue than repeated applications for individual lots. Language to amend the Zoning
Ordinance to address this situation would be proposed as follows for the R-4 and R-6
Districts:
2
Front
Side-
Corner
Side-
Interior
Rear
Required
35ft.
35ft.
10ft.
20ft.
Proposed
35 ft
30 ft.
7ft.
20 ft.
Based on the more recently adopted minimum lot width and setback requirements for
corner lots, the minimum building pad within the R-4 District lot is 55 feet. The lot width
and applicable setbacks for the subject lot result in a 45 foot building pad. The
application of the setbacks as requested by the applicant would allow for a 53 foot wide
building pad.
The City has not previously approved flexibility from the setback requirement for side
yards abutting public right-of-ways different from that required for the front yard (except
for the 54 lots owned by Lennar of which six were corner lots). The intent of requiring
the same setback abutting public right-of-way for front and side yards is to maintain a
consistent building line along a street for aesthetic and traffic visibility reasons. The
subject lot is not unique in that the abutting vacant lot to the north within Arbor Creek
has the same lot width and applicable setbacks. The lot immediately to the south of the
subject lot in Martin Farms has the same lot width but was approved to have the
requested setbacks as part of the Lennar application.
As noted above Martin Farms (and Arbor Creek) was preliminary platted before the
minimum lot requirements for corner lots were increased after it was recognized that
many of the corner lots that had been developed had constrained building sites. This
same finding was made as a basis for approving the PUD -CUP amendment for the 54
lots owned by Lennar within Martin Farms. For this reason, the Planning Commission
may consider an amendment to the Zoning Ordinance a more appropriate response to
this issue than repeated applications for individual lots. Language to amend the Zoning
Ordinance to address this situation would be proposed as follows for the R-4 and R-6
Districts:
2
B. Principal Structure Setbacks.. Except as modified by Section 20 -XX -
6.13.4, the following setbacks shall apply within the R -X District:
Front Yard:
Setbacks
Setbacks
From
From Right
Centerline
of -Way Lines
Road Class
130 feet
65 feet
Principal/Minor Arterial Street
130 feet
65 feet
Collector Street
65 feet
35 feet
Local Street
35 feet
35 feet
From Cul -De -Sac Right -of -Way
Where a lot is located at the intersection of two (2) or more streets that
bound two (2) or more sides of the lot, no building shall project beyond the
front yard line of either street.
2. Side Yard: Ten(10)feet.
3. Rear Yard: Twenty (20) feet.
4. For lots of record preliminary platted before March 13, 2006 the
setback from the side lot line of a corner lot abutting a local street
right-of-way may be reduced to thirty (30) feet and the setback from
an interior lot line may be reduced to seven (7) feet by approval of
an Administrative Permit provided that:
a. The principal building and attached garage must be built to
the minimum setback from the interior side lot line.
b. A revised grading plan for the individual lot shall be
submitted with the application for an Administrative Permit
based upon the reduced setback requirements, which shall
be subject to review and approval of the City Engineer.
Criteria. PUD -CUP applications or amendments to the Zoning Ordinance are to be
evaluated by based on (but not limited to) the criteria outlined in Section 20-4-2.17 and
20-3-2.F of the Zoning Ordinance, respectively:
The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Comment: The Comprehensive Plan establishes policies to provide for a
diversity of single family dwellings to be the primary type of housing in Otsego.
The City has approved amendments to the lot requirements within the Zoning
Ordinance after the approval of the Martin Farms preliminary plat and previously
3
granted PUD -CUP flexibility to developer/builders to allow flexibility in house
design within specific developments consistent with this policy. The requested
action is consistent with previous City actions in this regard.
2. The proposed use's compatibility with present and future land uses of the area.
Comment: The requested side yard setbacks would to be contingent upon City
Engineer approval of a revised grading plan to ensure no negative impacts to the
approved drainage pattern between lots. The proposed setbacks are otherwise
considered to be a negligible change that will be compatible with adjacent lots,
including those with existing homes.
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 lots will be subject to all applicable requirements of the
Zoning Ordinance except as specifically modified by approval of the request.
4. Traffic generation of the proposed use in relation to capabilities of streets serving
the property.
Comment: Approval of the request will have no effect on traffic.
5. The proposed use can be accommodated by existing public services and
facilities and will not overburden the City's service capacity.
Comment: Approval of the request will have no effect on public services or
facilities.
RECOMMENDATION
The City has previously allowed flexibility in side yard setbacks for developer/builders
based on the constrained width of the building envelope for corner lots approved prior to
the City increasing the minimum lot width for these lots. As this issue is not unique
either to the lots for which flexibility was previously approved or the subject lot, City staff
would recommend approval of an amendment to the Zoning Ordinance as attached
hereto. The Planning Commission also may consider only approving a PUD -CUP
granting the requested setbacks to the subject lot.
0
POSSIBLE ACTIONS
Option 1 — Zoning Ordinance Amendment
■ Motion to approve a Zoning Ordinance amendment modifying the setback
requirements of the R-4 and R-6 District to include the language as presented in
Exhibit B.
Option 2 — PUD CUP
■ Motion to approve a PUD -CUP for Lot 1, Block 9 Martin Farms subject to the
following conditions:
The following setbacks shall apply to the subject lots:
Front Side-
Corner
Side-
Interior
Rear
35 ft 30 ft.
7 ft.
20 ft.
2. The principal building and attached garage must be built to the minimum
interior side yard setback.
3. A revised grading plan for the lot shall be submitted at the time of building
permit application reflecting the revised setback requirements, which shall
be subject to review and approval of the City Engineer.
Other Possible Actions
■ Motion to deny the application based on a finding the request is inconsistent with
the Comprehensive Plan and Zoning Ordinance.
■ Motion to table.
C. Mike Robertson, City Administrator
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Patrick Hiller, Source Construction Capital
Lot 1, Block 9 Martin Farms
Exhibit A
Date Created: 11/10/2010
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ORDINANCE NO.: 2010 -
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
OTSEGO TO RELATED TO SETBACKS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Section 20-65-6.13 of the Zoning Ordinance is hereby amended to
read as follows:
B. Principal Structure Setbacks. Except as modified bV Section 20-65-6.B.4,
the following setbacks shall apply within the R-4 District:
1. Front Yard:
Setbacks Setbacks
From From Right
Centerline of -Way Lines
130 feet
65 feet
130 feet
65 feet
65 feet
35 feet
35 feet
35 feet
Road Class
Principal/Minor Arterial Street
Collector Street
Local Street
From Cul -De -Sac Right -of -Way
Where a lot is located at the intersection of two (2) or more streets that
bound two (2) or more sides of the lot, no building shall project beyond the
front yard line of either street.
2. Side Yard
3. Rear Yard
Ten (10) feet.
Twenty (20) feet.
4. For lots of record preliminary platted before March 13, 2006 the
setback from the side lot line of a corner lot abutting a local street
right-of-way may be reduced to thirty (30) feet and the setback from
an interior lot line may be reduced to seven (7) feet by approval of
an Administrative Permit provided that:
a. The principal building and attached garage must be built to
the minimum setback from the interior side lot line.
b. A revised gradinq plan for the individual lot shall be
submitted with the application for an Administrative Permit
based upon the reduced setback requirements, which shall
be subject to review and approval of the City Engineer.
Section 2. Section 20-67-6.13 of the Zoning Ordinance is hereby amended to
read as follows:
B. Principal Structure Setbacks:. Except as modified by Section 20-67-6.B.4,
the following setbacks shall apply within the R-6 District:
Front Yard:
Setbacks Setbacks
From From Right
Centerline of -Way Lines
130 feet
65 feet
130 feet
65 feet
65 feet
35 feet
35 feet
35 feet
Road Class
Principal/Minor Arterial Street
Collector Street
Local Street
From Cul -De -Sac Right -of -Way
Where a lot is located at the intersection of two (2) or more streets that
bound two (2) or more sides of the lot, no building shall project beyond the
front yard line of either street.
2. Side Yard
3. Rear Yard
Ten (10) feet.
Twenty (20) feet.
4. For lots of record preliminary platted before March 13, 2006 the
setback from the side lot line of a corner lot abutting a local street
right-of-way may be reduced to thirty (30) feet and the setback from
an interior lot line may be reduced to seven (7) feet by approval of
an Administrative Permit provided that:
a. The principal building and attached .garage must be built to
the minimum setback from the interior side lot line.
b. A revised grading plan for the individual lot shall be
submitted with the application for an Administrative Permit
based upon the reduced setback requirements, which shall
be subject to review and approval of the City Engineer.
Section 3. This Ordinance shall become effective immediately upon its passage
and publication.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
ADOPTED by the City Council of the City of Otsego this 22"d day of
November, 2010.
CITY OF OTSEGO
BY:
Jessica Stockamp, Mayor
ATTEST:
Tami Loff, City Clerk