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12-03-01 PC"401"WtST ASSOCM*Tt4 cO"sukTANTS" INC, 5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416 Telephone: 952.595.9636 Facsimile: 952.595.9837 planners@nacplanning.com PLANNING REPORT TO: Otsego Mayor and City Council Otsego Planning Commission FROM: Daniel Licht RE: Otsego - Winterfield CUPNariance REPORT DATE: 28 November 2001 APPLICATION DATE: 13 November 2001 NAC FILE: 176.02 - 01.34 CITY FILE: 2001 - 32 BACKGROUND Mr. Tad Winterfield has purchased a 48,000 square foot lot (PID#118-500-151202) along the west side of CSAH 42 north of 96t' Street. The Comprehensive Plan guides the property for Low Density Residential uses and is it zoned R-3, Residential Long Range Urban Service Area. The property is also within the Mississippi Wild, Scenic and Recreation River District. The property is within the FF, Flood Fringe District, which overlays areas of the 100 -year floodplain designated on the Flood Boundary, Floodway, Flood Insurance Rate Map and Flood Insurance Study for the City of Otsego. Mr. Winterfield is proposing to construct a single family dwelling on the property. Construction of residential uses within the FF District requires consideration of a conditional use permit subject to the criteria established in Section 20-94-7.0 and 20-94- 13 of the Zoning Ordinance. Consideration of a variance from these criteria is necessary as the subject site does not have vehicular access that is not more than two feet below the Regulatory Flood Protection Elevation as required by Section 20-94-7.C.4 of the Zoning Ordinance. Exhibits: A. Site Location B. Site Plan Page I of 9 ANALYSIS Underlying Zoning. The zoning underlying the FF District is R-3 District and Subdistrict C of the WS Overlay District. Single family uses are a permitted use within these districts. Parcels within these Districts are subject to the following lot standards: The area of the subject site is only 45 percent of the minimum lot area requirement imposed by the WS District. Section 20-15-2.A.4 requires consideration of a conditional use permit for construction of a single family dwelling on existing non -conforming parcels that have less than 75 percent of the required area. All other lot requirements, including setbacks are satisfied. Floodplain. Residential uses within the FF District are a conditional use subject to specific performance standards outlined in Section 20-94-7.0 and criteria in Section 20-94- 13 of the Zoning Ordinance. According to the Flood Insurance Rate Map, the 100 -year flood elevation for this area is 866.2 feet. The site plan identifies that the majority of the property is currently below this elevation, including the proposed building site. The Army Corps of Engineers constructed a dike along the shoreline of the Mississippi River, which encroaches onto the western portion of the property. The top of the dike rises to an elevation of 870.7 feet. Construction of the dike does not remove the property from the floodplain. In fact, the area is still subject to seasonal flooding. The area has flooded four out of the last five years according to Public Works staff, requiring the City to pump water in order to maintain access and protect existing dwellings. Elevation. Section 20-94-7-B.1.a of the Zoning Ordinance requires construction of residential uses be on fill such that the lowest floor elevation is at or above the Regulatory Flood Elevation and that the area within 15 feet of the structure be not more than one foot below said elevation. The applicant is proposing to fill the site such that the top of the dwelling slab is 2.3 feet above the Regulatory Flood Elevation at an elevation of 868.5. Any fill placed on the site is subject to approval of the City Engineer and DNR and will require an application for a flood map amendment. Raising the elevation of the building site may only be allowed if the fill does not obstruct flood flows or displace flood waters increasing flood elevations on adjacent properties. Increasing the flood elevations on adjacent properties may put additional life or property at risk for flood damage. An analysis of the quantity of fill involved in raising the building Pale 2 of 9 Lot Area Lot Width Maximum Impervious Surface Setbacks Front I Side Rear I OHWM I Bluffline Required 2.5ac. 150ft. 25.0% 65ft. 30ft. 50ft. 100ft. 30ft. Existing/ 1.1 ac. 200ft. 6.6% 82ft. 30ft. 104ft. 104ft. 57ft. Proposed The area of the subject site is only 45 percent of the minimum lot area requirement imposed by the WS District. Section 20-15-2.A.4 requires consideration of a conditional use permit for construction of a single family dwelling on existing non -conforming parcels that have less than 75 percent of the required area. All other lot requirements, including setbacks are satisfied. Floodplain. Residential uses within the FF District are a conditional use subject to specific performance standards outlined in Section 20-94-7.0 and criteria in Section 20-94- 13 of the Zoning Ordinance. According to the Flood Insurance Rate Map, the 100 -year flood elevation for this area is 866.2 feet. The site plan identifies that the majority of the property is currently below this elevation, including the proposed building site. The Army Corps of Engineers constructed a dike along the shoreline of the Mississippi River, which encroaches onto the western portion of the property. The top of the dike rises to an elevation of 870.7 feet. Construction of the dike does not remove the property from the floodplain. In fact, the area is still subject to seasonal flooding. The area has flooded four out of the last five years according to Public Works staff, requiring the City to pump water in order to maintain access and protect existing dwellings. Elevation. Section 20-94-7-B.1.a of the Zoning Ordinance requires construction of residential uses be on fill such that the lowest floor elevation is at or above the Regulatory Flood Elevation and that the area within 15 feet of the structure be not more than one foot below said elevation. The applicant is proposing to fill the site such that the top of the dwelling slab is 2.3 feet above the Regulatory Flood Elevation at an elevation of 868.5. Any fill placed on the site is subject to approval of the City Engineer and DNR and will require an application for a flood map amendment. Raising the elevation of the building site may only be allowed if the fill does not obstruct flood flows or displace flood waters increasing flood elevations on adjacent properties. Increasing the flood elevations on adjacent properties may put additional life or property at risk for flood damage. An analysis of the quantity of fill involved in raising the building Pale 2 of 9 site and the displacement of floodwaters that may potentially increase flood flows and flood elevations on adjacent properties should be done by the City Engineer. Access. Section 20-94-7.C.4 of the Zoning Ordinance prohibits development of residential uses on sites where vehicular access is more than two feet below the Regulatory Flood Elevation. The site plan indicates that eastern portions of the proposed driveway and CSAH 42 are more than two feet below the Regulatory Flood Elevation. CSAH 42 is at an 861.12 to 861.85 elevation in front of the property, which is approximately four feet below the Regulatory Flood Elevation. Construction of a residence on this property would require granting a variance, which are subject to the criteria outlined in Section 20-6-2.13 of the Zoning Ordinance: 1. In considering all requests for a variance and in taking subsequent action, the Planning Commission and City Council shall make a finding of fact that the proposed action will not.- a. ot: a. Impair an adequate supply of light and air to adjacent property. b. Unreasonably increase congestion in the public street. C. Have the effect of allowing any uses which are prohibited, permit a lesser degree of flood protection than the flood protection elevation for the particular area, or permit standard which are lower than those required by State law. d. Increase the danger of fire or endanger the public safety. e. Unreasonably diminish or impair established property values within the neighborhood, or in any way be contrary to the intent of this chapter. f. Violate the intent and purpose of the Comprehensive Plan. g. Violate any of the terms or conditions of [Section 20-5-2.B.2]. (see below) 2. A variance from the terms of [the Zoning Ordinance] shall not be granted unless it can be demonstrated that: a. Undue hardship will result if the variance is denied due to the existence of special conditions and circumstances which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures, or buildings in the same district or area. (1) Special conditions may include exceptional topographic or water conditions or, in the case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or shape of the property. Page 3 of 9 (2) Undue hardship caused by the special conditions and circumstances may not be solely economic in nature, if a reasonable use of the property exists under the terms of [the Zoning Ordinance]. (3) Special conditions and circumstances causing the undue hardship shall not be a result of lot or building size, or building location when the lot qualifies as a buildable parcel. b. Literal interpretation of the provisions of [the Zoning Ordinance] would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of [the Zoning Ordinance] or put the property in question to any reasonable use. C. The special conditions and circumstances causing the undue hardship are not the result from the actions of the applicant. d. Granting the variance requested will not confer on the applicant any special privilege that is denied by [the Zoning Ordinance] to other lands, structures, or buildings in the same district under the same conditions. e. The request is not a result of non -conforming lands, structures or buildings in the same district. f. The request is not a use variance. g. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The Comprehensive Plan states that "...strict adherence and enforcement be paid to all floodplain ordinances and Federal floodplain insurance regulations". (Policy Plan, p.35) The purpose of the access requirement is to protect public safety ensuring access to property during periods of flooding, which this area has been frequently subject to. Deviating from this standard has the effect of placing life and property in danger of loss due to flooding because access cannot be guaranteed, and is contrary to the intent and purpose of the FP District stated in Section 20-94-1 of the Zoning Ordinance. In considering a variance, the Zoning Ordinance allows that the City may impose limitations period of use or occupancy of the residence to protect public safety. However, such limitations are impractical to devise and enforce for a single family dwelling intended to be a principal residence. The variance request also lacks a hardship that is unique to the property in question. Many properties within the City are impacted by the 100 -year floodplain and are imposed similar restrictions on their potential use. While there are other dwellings in the immediate area that depend on CSAH 42 for access, they would be considered non -conforming uses and not allowed further expansion or redevelopment without a similar variance application. Page 4 of 9 Therefore, granting the requested variance would confer on the applicant a special privilege denied to other lands and residences in the same district under the same conditions. Waste Treatment. Section 20-94-7.C.7 of the Zoning Ordinance prohibits construction of new on-site waste treatment facilities within the FF District unless a plan is submitted for preventing pollution during flood events, which is approved by MPCA. The site plan does not identify locations for on-site septic and well systems and no plans have been submitted for these utilities. Further, no documentation of MPCA review or approvals for on-site septic and well systems have been submitted. CUP Criteria. Section 20-4-2.F of the Zoning Ordinance directs that the Planning Commission and City Council's findings on a CUP application be based upon (but not limited to) the following criteria: The proposed action's consistency with the specific policies and provisions of the official City Comprehensive Plan. Comment: The Comprehensive Plan states that "...strict adherence and enforcement be paid to all floodplain ordinances and Federal floodplain insurance regulations". (Policy Plan, p.35) To this end, the City established the Floodplain Overlay District pursuant to Minnesota Statues 103F and 462 to "restrict or prohibit uses which are dangerous to health, safety, or property in times of flood or which cause increases in flood heights or velocities". (Policy Plan, p. 36) Development of the property must only be allowed with strict conformance to the FF District standards outlined in Section 20-94-7. C of the Zoning Ordinance. The present application does not meet these requirements. The subject site does not have adequate access via a public street that is not more than two feet below the RegulatoryFlood Elevation. The applicant has not provided plans for an on-site waste water treatment facility that is protected so as not to contaminate flood waters. The City Engineer must also determine that raising the building site will not impact flood flows or increase flood heights. Without conforming to the requirements for development of a residential use in the FF District, the use creates potential for loss of life and property, health and safety hazzards, and extra -ordinary public expenditure for flood protection and relief contrary to the intent of the Comprehensive Plan and Zoning Ordinance. 2. The proposed use's compatibility with present and future land uses of the area. Comment. The subject site is surrounded by existing single family uses, many of which may be non -conforming structures do to the FF District requirements. Any future redevelopment of the area would be required to meet these requirements suggesting that dwellings may not be a permanent land use in the area because of access problems. Page 5 of 9 3. The proposed use's conformity with all performance standards contained in the Zoning Ordinance (i.e., parking, loading, noise, etc.). Comment: The proposed use does not conform with all performance standards of the Zoning Ordinance. The existing lot is non -conforming with regard to lot size and requires consideration of a CUP for development. In that the proposed house can meet all other applicable lot standards, there is likely no negative impact due to the non -conforming lot size. The proposed use also cannot meet the access requirements for residential uses within the FF District. CSAH 42 and portions of the driveway are more than two feet below the regulatory flood elevation meaning that access cannot be guaranteed during periods of flooding. Approval of a variance is not warranted as allowing construction of the home without adequate access has the potential to put life and property at risk and would confer the applicant special privileges denied other properties within the same district and under the same conditions. 4. The proposed use's effect upon the area in which it is proposed. Comment. No plans have been provided demonstrating that an on-site sewage treatment system can be provided that is protected from floods to prevent contamination of floodwaters. The City Engineer must also determine that filling the site will not increase flood flows or increase flood elevations. These two issues suggest that development of the site will potentially compromise public health and safety of the area. 5. The proposed use's impact upon property values of the area in which it is proposed. Comment. No study has been completed regarding the impact to area property values. 6. Traffic generation by the proposed use in relation to the capabilities of streets serving the property. Comment: The street serving the property is approximately four feet below the regulatory flood elevation. During 100 -year flood events, the City cannot guarantee that the roadway will be passable for access to the subject site. The lack of adequate access to the property puts public safety at risk. 7. 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. Page 6 of 9 Comment: The proposed use will increase the City's obligation to maintain CSAH 42 during flood periods by pumping water to protect public heath and safety and relieve damage caused by flood waters. Pumping the area to protect existing dwellings within the FF District (which may be non -conforming) is an extra -ordinary public expenditure. Construction of a single family dwelling on the subject site perpetuates the need for this effort and expenditure. CONCLUSION The applicant has proposed to construct a single family dwelling on a non -conforming parcel within the FF District. Development of the non -conforming lot requires a CUP per Section 15 of the Zoning Ordinance. Section 94 establishes standards for development of uses within the FF District which must be adhered to in order to protect to life and property and minimize the City's obligations for flood protection and relief in the area. The development proposal cannot meet the minimum requirements for lot access required within the FF District. And, the applicant has not provided plans demonstrating that an on- site septic system can be provided without risk of contaminating flood waters. The City Engineer must also determine that filling the site will not increase flood flows or increase flood elevations on adjacent properties. These factors suggest that approval of the requested variance and conditional use permit would increase the potential for loss of life and property, health and safety hazzards, and extra -ordinary public expenditure forflood protection and relief contrary to the intent of the Comprehensive Plan and Zoning Ordinance. Therefore, our office recommends that the applications be denied based upon the findings outlined below. Options for approval of the requests are also provided, subject to appropriate findings for the variance request, should the Planning Commission and City Council disagree with this recommendation. Decision 1 - Variance A. Motion to approve a variance allowing access to a residential use in the FF District that is more than two feet below the Regulatory Flood Elevation based upon the following findings: SPECIFIC FINDINGS OF A HARDSHIP MUST BE CITED. B. Motion to deny the application based upon a finding that: The variance would increase the danger to public health and safety as access to the site may not be adequate during flood periods. Page 7 of 9 2. The variance would confer the applicant rights that are denied by the Zoning Ordinance to other lands in the same district under the same conditions. 3. Grating the variance would be contrary to the intent of the Comprehensive Plan that the City strictly adhere to and enforce all Floodplain District Ordinances. C. Motion to table application. Decision 2 - Conditional Use Permit (may only be approved if variance is approved) A. Motion to approve a conditional use permit allowing construction of a single family home within the FP District on a lot with area less than 75 percent of the WS District minimum, subject to the following conditions: 1. The City may impose limitations on the period of use or occupancy of the residence to protect public safety. 2. The City Engineer determine that the proposed fill will not increase flood flows or flood elevations to adjacent properties. 3. The applicant apply for and receive approval of a flood map amendment prior to issuance of a building permit. 4. The applicant submit plans for the design and location of on-site wastewater treatment facilities protected so as not to contaminate flood waters, subject to review and approval of the City Engineer, DNR, and MPCA. 5. All grading, drainage, and utility issues are subject to review and approval of the City Engineer. 6. Comments of other City Staff or the DNR. B. Motion to deny the application based upon the following findings: 1. Access to the property is more than two feet below the regulatory flood elevation, which does not conform with Section 20-94-7.C.4. 2. The application did not include plans for the design and location of on-site waste water treatment systems approved by MPCA that would be protected so as not to contaminate flood water. 3. The quantity of fill and the potential impact to flood flows or flood elevations is subject to further review by the City Engineer. Page 8 of 9 4. The use creates potential for hazzards, and extra -ordinary relief contrary to the intent Ordinance. loss of life and property, health and safety public expenditure for flood protection and of the Comprehensive Plan and Zoning pc. Mike Robertson, City Administrator Judy Hudson, City Clerk/Zoning Administrator Andy MacArthur, City Attorney Ron Wagner, City Engineer Patty Fowler, DNR Tad Winterfield, Applicant Page 9 of 9 N15 y E. #059 ,j'-173 _iP (--(DOE PROPERTY IDENTIFICATION NUMBER ADDRESS MAP 4" CITY OF OTSEGO, WRIGHT COUNTY PQEPA E:� 3" -(NN HARTL-"Y 5 EXHIBIT A-2 m X co D NMC ON THE GREAT RIVER ROAD NORTH UNE OF covT LOT i sEc IS rro. [21. Md. ss 40 50 M70.71 epee � A I � \ 283 f '10,� eaux y 1 \]8.73 .00 0 30 fib 90 '10e I 1\ I $ I 2 r I SCALE IN FEET T� els.µ e619e I X1e1.12 Q ' es X rrr''•11` HOUSE TYPE: SLAB ON GRADE I A i z g PROPOSED HOUSE ELEVATIONS: GARAGE FLOOR ELEVATION 868.2 PROPOSED SLAB ELEVATION 868. Mi $ e X li auhJ A x pp ppI LEGEND tJ R X ry ad 1 = g o I • DENOTES SET ANGNE�IC NAIL `0 xMs.0 / O DENOTES SET IRON MONUMENT N Xeee— s ( O • DENOTES FOUND MONUMENT O DENOTES FOUND R/W MONUMENT �Ceeiu I �� I v DENOTES TRAFFIC SIGN DENOTES OVERHEAD ELECTRIC >a DENOTES POWER POLE GUy •.wz[ � I/ F ea1.9s Xeeii> %ee499 i � J yl. M / 1 R I WATER ELEVATION ON SEPT. 21• 2001 - 851.4 / FLOOD ELEVATION INFO: 100 YEAR FLOOD ELEVATION : 886.2 3 �x z07.9 .0.00 U aw 312 S Leg SOURCE ! FLOOD INSURANCE RATE MAP COMMUNITY PANEL NUMBER 270747 0002 A /Me = MAP REVISED SEPT. 30. 1992 X Aew n -w% / •gym WIN uNE OF THE NaTH xoo o0 FEET OF WT LOT x SEC, I& / _J ALSO PMA-LEL NITN 111E NORTH UNE OF ftOV'T LOT ;SEC. 11 I x / 40 50 PROPERTY DESCRIPTION The North Two Hundred (200) feet of Lot Three (3). Section Fifteen (15). Township One Hundred Twenty One (121). Range Twenty Three (23)• containing 1.70 acres, be the soma .more or Tess, Subject to. public highway as now located. DAT= 11/9/01 hereby certify moot ep red m BOUNDARY do TOPOGRAPHIC SURVEY DRAW, 2+5/33-35 nr u e port s prepared , OIYN i AssoaMtes, %1C. DRAWN BY: SMK ��r under my aired 9upervieian Ont) CHEC%ED BY: RMBthat I am a Jury Licensed Land `•� Aww"e r�e'ee� r�e>I� FOR Surveyor under the laws of the see a4• Ivnewe RLASIONS: State of Winneeoto. ^"t'"h "Fieweee1a 6f'*'o PAZ TROY WINTERFIELD >sa-wr-seas wes _ -fl'e'e `w the e*-,. e.ww—, WRIGHT COUNTY, signature: -,v,° 4- Pere. �eeef EXHIBIT B-1 Uate: +1/9/0+ Reg. No. 21729 SHEET 1 OF 1 Tma � � 0 0I�IZ p Q a0 p � y7� OW�m��2. 1 �t. ' ozF ,Noon o i a��1StS� �3 Z F o0 00000�i o0 ooa zzo W 9 10 8c� wWwWwl wlwwW ��� am N g v ------ _l �a1 (10 ago ) " o� t a�j .00LO �` a —fZ 'tlMll 1Z1 SI 035 'f to !O1 1,,00 d0 3NIl 15Y3 e �� 9 g nN3nd HsIMVd $° 5 o^ — --- -----W--------- n;u n w°v m N. N�rc +1 o35oewa x J gg ou lY1b Al 14 m'Ia �bl d + c SS/W