09-03-97 PCN
NORTHWEST ASSOCIATED CONSULTANTS
I'MINC COMMUNITY P L A N N I N G - DESIGN - MARKET RESEARCH
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PLANNING REPORT
TO: Otsego Mayor and City Council
Otsego Planning Commission
FROM: Bob Kirmis
DATE: 25 August 1997
RE: Otsego - Moseng Accessory Building CUP
FILE NO: 176.02 - 97.15
EXECUTIVE SUMMARY
BACKGROUND
Herman and Patricia Moseng have requested a conditional use permit to allow the
construction of a second detached accessory structure (garage) upon their 1.0 acre
property located south of 81 st Street and west of Odean Avenue. In addition to A 440
square foot (20' X 22') detached garage which presently exists upon their property, the
applicants wish to construct a second detached accessory building (garage) measuring
960 square feet in size (40' x 24'). The proposed accessory building would replace a
building which Was destroyed by high winds associated by the recent storm. The subject
property is zoned R-3, Residential Immediate Urban Service.
Attached for reference:
Exhibit A - Site Location
Exhibit B - Detailed Site Location
Exhibit C - Site Plan
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 6 1 2-595-9636 FAX 6 1 2-595-9837
RECOMMENDATION
Based on established City policy and the following review, our office recommends approval
of a conditional use permit to allow more than one detached accessory building associated
with a single family residential use subject to the following conditions:
1. A building elevation of the proposed accessory structure is submitted which
specifies structure height. The proposed structure shall be required to comply with
applicable height requirements.
2. The proposed accessory structure is not to be utilized for home occupation,
commercial related activities, or the keeping of animals.
3. The proposed accessory structure match the principal building in color.
4. Any driveway associated with the accessory building is surfaced with material
suitable to control dust and drainage.
5. The City Engineer provide commenUrecommendation in regard to drainage and
utility easement establishment.
6. Comments from other City staff.
ISSUES ANALYSIS
CUP Review Criteria. The City's Zoning Ordinance stipulates that no building permit shall
be issued for more than one detached accessory structure for a single family dwelling
except by conditional use permit. In recognition of the site's existing detached garage,
approval of a conditional use permit is necessary to accommodate the applicants' request
to construct a second detached accessory building.
According to Section 20-16-4.H of the City Zoning Ordinance, a conditional use permit for
an accessory storage structure may only be granted provided that:
1. There is a demonstrated need and potential for continued use of the structure and
the purpose stated.
2. In the case of residential uses, no commercial or home occupation activities are
conducted on the property. This prohibition shall include the storage of materials
and equipment which are unrelated to the on-site residential use and activity.
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3. The building has no evident re -use or function related to the principal use.
4. The accessory building shall be maintained in a manner that is compatible with the
adjacent uses and does not present a hazard to public health, safety and general
welfare.
5. The provisions of Section 4.2.F of the Ordinance shall be considered and a
determination made that the proposed activity is in compliance with such criteria
(listed below):
a. The proposed action's consistency with the specific policies and provisions
of the official City Comprehensive Plan.
b. The proposed use's compatibility with present and future land uses of the
area.
C. The proposed use conforms with all performance standards contained herein
(i.e., parking, loading, noise, etc.).
d. The proposed use's impact upon property values of the area in which it is
proposed.
e. Traffic generation by the proposed use in relation to capabilities of street
serving the property.
f. The proposed use's impact upon existing public services and facilities
including parks, schools, streets, and utilities, and its potential to overburden
the City's service capacity.
Building Use. The CUP review criteria states that there should be a demonstrated need
for continued use of the structure and that stated purpose. Considering that the proposed
accessory building is to be used for the storage of the applicants' personal equipment and
vehicles which are currently stored outdoors, there appears to be a demonstrated need
for the continued use of the structure.
In accordance with ordinance requirements, the structure may not be used for home
occupation/commercial related activities or the keeping of animals.
Building Type. According to Section 20-16-4.G of the Zoning Ordinance, the same or
suitable quality exterior finish building materials (as determined by the Building Inspector)
shall be used in all accessory buildings over 150 square feet as in the principal building.
To date, the applicants have not submitted any information regarding proposed accessory
building materials. To ensure compatibility, it is recommended that siding upon the
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proposed accessory building be of a color which matches the single family dwelling. It
should be specifically noted that the ordinance prohibits pole -type building construction
in residential zoning districts.
Existing Accessory Building. As shown on the submitted site plan, a 440 square foot
detached accessory building (garage) presently exists in the front yard of the subject site.
With a setback of 32 feet from 81st Street, the structure is considered legally non-
conforming (35 foot setback required).
Setbacks. The proposed accessory building is to occupy the rear yard area of the site.
According to Section 20-16.4.13 of the ordinance, a detached accessory building
associated with single family residential uses may not lie closer than 10 feet to any lot line,
occur upon a required easement or in a required side yard. As shown on the submitted
site plan, the proposed structure location complies with applicable setbacks.
Driveway. As shown on the submitted site plan, no expansion of the site's existing
driveway has been proposed. According to a recently approved ordinance amendment
(applicable to plats approved prior to January 1992), all driveways and parking areas of
lots established prior to January 1992 must be surfaced with material suitable to control
dust and drainage. As a result any driveway associated with the proposed accessory
building must comply with applicable driveway surfacing requirements.
Building Height. According to Section 20-16-4.F of the Zoning Ordinance, an accessory
building within an R-3 zoning district may not exceed 16 feet in height except as allowed
by conditional use permit. As a condition of CUP approval, a building elevation should be
submitted which illustrates compliance with the maximum height standards.
Easements. According to the Subdivision Ordinance (Section 21-7-15), 10 foot wide
drainage and utility easements should be established along lot lines. Such easements
have not been illustrated upon the submitted site plan (based upon a site survey). The
City Engineer should provide comment and recommendation in regard to easement
establishment.
Access. No change to the existing curb cut from 81 st Street has been proposed.
LAI
CONCLUSION
Based on the preceding review, our office recommends approval of the requested
conditional use permit subject to the conditions listed in the Executive Summary of this
report.
PC: Elaine Beatty
Jerry Olson
Andy MacArthur
Kevin Kielb
Herman and Patricia Moseng
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EXHIBIT A - SITE LOCATIC
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EXHIBIT C - SITE PLAN