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ITEM 4.3ITEM 4_3 3601 Thurston Avenue N, Suite 100 Anoka, MN 55303 Phone: 763.231 .5840 Facsimile: 763.427.0520 TPCTPC(_S Plan ningCo.com PLANNING REPORT TO: Otsego Planning Commission FROM: Daniel Licht, AICP DATE: 2 March 2016 ACTION DATE: 16 April 2016 RE: Otsego —Schultz Variance TPC FILE: 101.02 BACKGROUND Mr. Rich Schultz has acquired Lot 16, Block 2, Autumn Woods, which is located north of CSAH 36 and east of Queens Avenue on 57th Street. The subject site was final platted in 29 March 1988 by Wright County (within Frankfort Township) and is currently vacant. City staff has addressed questions for several years regarding the buildability of the lot, which is effected by a wetland and steep slopes, indicating that a site plan with a septic system and building foundation compliant with setback requirements is necessary. The property owner has submitted a septic design prepared by a licensed septic installer and site plan for the subject site to allow for construction of a single family home constructed as a single story dwelling with walk out basement and attached garage with a 2,800 square foot footprint. Due to the steep slopes of the subject site and to accommodate the required septic system, the house is proposed to have a front yard setback from 57th Street of 20 feet, whereas the Zoning Ordinance requires a minimum front yard setback of 35 feet. The property owner has submitted application for a variance to allow the encroachment into the required front yard setback for construction of the proposed house as shown on the site plan in accordance with Section 20-6-4 of the Zoning Ordinance. A public hearing to consider the application has been noticed for the Planning Commission meeting on 7 March 2016. Exhibits: A. Site Location B. Site Plan ANALYSIS Comprehensive Plan. The 2012 Comprehensive Plan guides the subject site for low density residential uses within the east sewer district. Sanitary sewer and water utilities are not currently available to the subject site and Autumn Woods was final platted based upon provision of on-site septic system and well services. The proposed single family home is consistent with the land uses guided by the Comprehensive Plan for the subject site. Zoning. The subject site is zoned R-3, Residential Long Range Urban Service District. The R-3 District allows for single family residential dwellings as a permitted use. Lots within the R-3 District are expected to be served by on-site septic systems and wells. The proposed single family home is consistent with the uses allowed by the Zoning Ordinance for development of the subject site. Surrounding Uses. The subject site is surrounded by the following existing and planned land uses shown the table below. The subject site is the only lot within Autumn Woods that has not been developed with a single family home. The proposed single family home will be compatible with the other single family homes built on lots surrounding the subject site. Direction Land Use Plan Zoning Map Existing Use North LD Residential R-3 District Single family East LD Residential R-3 District Single family South LD Residential R-3 District Single family West LD Residential R-3 District Single family Lot Requirements. Lots within the R-3 District are subject to the minimum requirements outlined in the table below. The subject site complies with the minimum lot requirements of the R-3 District. Setbacks. The table below identifies the minimum setback requirements applicable to principal buildings constructed on lots within the R-3 District. Min. Lot Area Min. Lot Width Required 1.00ac. 150ft. Existing 1.08ac. 195ft. Setbacks. The table below identifies the minimum setback requirements applicable to principal buildings constructed on lots within the R-3 District. 2 Front (north) Side Rear (South) East West Required 35ft. 10ft. 10ft 20ft. Proposed 20ft. 42ft. 69ft. 123ft. 2 The location of the proposed single family home complies with applicable setback requirements except for the front yard setback; the proposed house encroaches 15 feet into the required front yard setback. The proposed house location is setback 20 feet from the front lot line and is 36 feet from 57th Street at its closest point within the public right-of-way at the start of the cul- de-sac turnaround and 45 feet from the main street section. The location of the proposed single family home is necessitated by the steep slopes and extent of wetland area encumbering the center and south portions of the subject site. The topography of the site rises from a pond at the rear of the lot with an elevation of 890 feet to the high point at the north-northeast corner of the lot at 919 feet, a 29 foot vertical change in elevation over a horizontal distance of 120 feet, or 24 percent slope. It is not possible to locate a single family dwelling upon the lot with the required septic system, including primary and secondary drain field sites, and comply with the setback requirements of the R-3 District given the topography of the site. The proposed walk -out type structure serves to minimize the impact of the development on the slopes. The proposed site plan will also minimize tree loss on the subject site including areas south and east of the proposed single family house location where the existing vegetation is most dense. As the subject site was final platted in 1988 the setback requirements from wetlands established by Section 20-16-5.F.4 of the Zoning Ordinance do not apply, but no wetland encroachments are allowed. The rear line of the proposed house is setback 33 feet from the line of the drainage and utility easement shown on the submitted survey that overlays the pond on the property and the contours indicating the extent of the pond/wetland, which the house will not approach based on the depth of the house from the front lot line. The boundaries of the wetland will need to be delineated and shown on a revised survey. Access. The subject site is accessed from 57th Street, which is a rural section cul-de-sac street serving three single family dwellings and the subject site. Based on Institute of Transportation Engineers (ITE) estimates of 10 trips per day for single family homes, 57th Street has only 30 trips per day, which would increase to 40 trips per day with the addition of the single family house on the subject site. Traffic with construction upon 57th Street is well within the 3,000 trip per day capacity of a local street. Section 20-21-4.H.11.a of the Zoning Ordinance allows one access to the subject site from 57th Street. The site plan indicates one driveway is to be constructed to 57th Street accessing a side - loaded attached garage. The side -loaded configuration of the attached garage results in a 54 foot deep driveway off of the public street. The depth and configuration of the proposed driveway will allows for vehicles backing out of the garage to turn and enter the street in a forward direction with enough depth for adequate visibility, and with space for off-street parking upon the apron, minimizing the effect of the reduced front yard setback of the principal dwelling, in contrast to if a front -loaded garage were constructed. The driveway will likely require retaining walls on its south and east sides. Any retaining wall more than four feet in height must be designed by a civil engineer and must have a fence barrier at the top of the structure. The width of the proposed driveway is 10 feet within the public right-of-way and complies with the 30 foot wide limit established by Section 20-21-4.H.7.a of the Zoning Ordinance. The driveway is also setback 10 feet from the nearest side lot line (east), which exceeds the five foot setback required by Section 20-21-4.H.8 of the Zoning Ordinance. Section 20-21-4.H.12.b of the Zoning Ordinance requires the driveway to be paved with asphalt, concrete or paver bricks. Utilities. The applicant has submitted a septic system design for the on-site system to be installed to serve the proposed house, which was prepared by a licensed designer. The septic system, including primary and secondary drain field sites, is shown on the submitted site plan. Also shown on the submitted site plan is a proposed well location to the north of the single family home within the front yard. The proposed septic design and utility locations shown on the site plan have been reviewed by the Building Inspector and found to comply with Chapter 4, Section 3 of the City Code regulating subsurface sewage treatment (septic) systems. Accessory Buildings. Section 20-18-2.C.6 of the Zoning Ordinance would allow for construction of up to 1,080 square feet of detached accessory building area upon the subject site. The ability to construct a detached accessory building is subject to compliance with the setback requirements set forth in Section 20-18-2.C.3.b of the Zoning Ordinance. The inability to construct a detached accessory building or the maximum area of detached accessory buildings allowed by the Zoning Ordinance is not a stipulation for reasonable use of the property, and our office does not foresee a circumstance whereby a variance would be justified to allow construction of a detached accessory building upon the subject site. We recommend that a condition of approval of the requested variance be that any detached accessory structures comply with the performance standards of Section 20-18-2.0 of the Zoning Ordinance. Variance. The subject site is entitled to a reasonable use of as an existing lot of record approved by Wright County in 1988. Where the strict application of the requirements of the Zoning Ordinance precludes a reasonable use of the property, such action may be considered to be a government taking and Minnesota Statutes 462.357, Subd. 6 and Section 6 of the Zoning Ordinance provide opportunity for relief through a variance from the requirements of the Zoning Ordinance. Section 20-6-3 of the Zoning Ordinance states that an application for variance is not to be approved unless a finding is made that failure to grant the variance will result in practical difficulties. Practical difficulties are defined as the property owner proposes to use the property in a reasonable manner not permitted by this Chapter and include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Moreover, Section 20-6-3.13 of the Zoning Ordinance requires that the applicant must also demonstrate that the request satisfies the following criteria: 1. That the variance would be consistent with the Comprehensive Plan. Comment: The Comprehensive Plan establishes as policy that development regulations, such as setbacks, are to be applied consistently and uniformly. Variances are only to be approved in unique circumstances whereby the physical characteristics of a property prevent reasonable use of a property that complies with the requirements of 11 the Zoning Ordinance. The unique physical characteristics of the subject site warrant approval of a variance to allow for development of the subject site as guided by the Comprehensive Plan and consistent with development of surrounding lots within the some subdivision. Furthermore, granting of the variance preserves and protects the existing wetland and steep slopes within the subject site consistent with the policies outlined in the Comprehensive Plan to prevent impacts from development to natural features, such as wetlands, which perform important environmental functions in their natural state and restrict development on slopes identified as potential problem areas due to erosion. 2. That the variance would be in harmony with the general purposes and intent of [the Zoning Ordinance]. Comment: The intent of the R-3 District is to allow for single family uses served by on-site septic systems. The requested variance will allow for development of subject site with a single family home served by an on-site septic system that complies with the City Code, the maximum possible front yard, and access and off-street parking from a public street consistent with requirements for single family uses. Based on these considerations, the proposed single family home and site plan and approval of the requested variance are consistent with the purpose and intent of the Zoning Ordinance. 3. That the plight of the landowner is due to circumstances unique to the property not created by the current or any previous landowner. Comment: The practical difficultly in developing the subject site in compliance with the requirements of the Zoning Ordinance is due to the extent to which the subject site is uniquely encumbered by wetlands and steep slopes. 4. That the purpose of the variance is not exclusively economic consideration. Comment: The application for variance is based upon the physical characteristics and limitations of the subject site and not economic considerations. 5. That the granting of the variance will not alter the essential character of the neighborhood in which the parcel of land is located. Comment: The granting of the variance will allow reasonable use of the property for construction of a single family dwelling consistent with the character of development of other lots within Autumn Woods subdivision. 6. That the requested variance is the minimum action required to eliminate the practical difficulty. Comment: The variance requested is the minimum necessary to overcome the practical difficulties in developing the subject site and allow reasonable use of the property as permitted by the Zoning Ordinance. RECOMMENDATION The existing wetlands and steep topography encumbering the subject site create a practical difficulty in constructing a single family home upon the lot that complies with applicable setback requirements and provision of on-site utilities for reasonable use of the lot as guided by the Comprehensive Plan and permitted by the Zoning Ordinance. The applicant has, in our office's opinion, satisfied the criteria established by the Zoning Ordinance for approval of a variance. We recommend approval of the requested variance as outlined below. POSSIBLE ACTIONS A. Motion to recommend approval of a variance to allow a 20 foot front yard setback for Lot 16, Block 2 Autumn Woods based on a finding that the applicant has demonstrated that the request satisfies the criteria outlined by Section 20-6-3 of the Zoning Ordinance, subject to the following conditions: 1. The subject site shall be developed in accordance with submitted site plan dated 02/15/16. Any retaining wall over four (4) feet in height shall be an engineered design with a fence at the top of the structure and is subject to review and approval of the City Engineer. 3. The septic system design shall be subject to review and approval of the Building Inspector and require a permit prior to construction. 4. Any detached accessory structures constructed upon the property shall comply with all applicable the performance standards of Section 20-18-2.0 of the Zoning Ordinance. 5. The boundaries of the wetland within the property shall be delineated and shown on a revised survey, subject to review and approval of the City Engineer. 0 B. Motion to deny the application based on a finding that the request is inconsistent with the policies of the Comprehensive Plan and that the applicant has not demonstrated that the request satisfies the criteria outlined in Section 20-6-3 of the Zoning Ordinance. C. Motion to table. C. Lori Johnson, City Administrator Tami Loff, City Clerk Ron Wagner, City Engineer Andy MacArthur, City Attorney Rich Schultz, applicant 7 J U y 2 U -j U �- N _ Q V Z> to w 22 g C 'o U U 2 a F r n ��IIIII11 J J U y J JW U -i U a _ < U Z >_ a L" 3 5 C R U U a s LO J • � i'��� OF B.7, + .-6QO0� BTT SURFACE !� *?-79 i o ' - ELEC I 10 908 \S TAYLOR LAAW S'URVEMRS, INC. 273 W Broadway P.O. Box 179 Monticello MN 55382 - Phone f 763-295-3388 Fox f 76.3-295-3408 ~1 ip9/1 g$ I —IV 8075 d o '50 ©D L �" 904 o �IIILDJNG -- .._v •, rte`. oA_ �1�9F"-�-� 40 t PROP OSS rIOVSE GARAr'E � ` \\ \ _ 902 BASEMENT VlACK�UT; . j 90 ' FO l - SEPn �A`A SD�� _�.,.. $g6 TAYLOR LAAW S'URVEMRS, INC. 273 W Broadway P.O. 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I 900 ./1 i - POJVD ,•t 1 • } i ',t - ;t - - TOP OF ICE 840-3 - ,1 l S 89'02'50 W -330. 00 t m W W •m : •:C m mmGoo oar., b .m j /f Ij 4 m m //� f ' I HEREBY CERTIFY THAT 11i15 SURVEY. PLAN OR:`REPORT WAS PREPAPED - 14 BY ME OR UNDER MY DIRECT SUPERVISION AND -THAT L AM DILLY REGISTERED LAND SURVEYOR UNDER TM LAWS OF THE STATE OF MINNESOTA. t 02/ffi11u EXHIBIT B UENNIS�V. �TAAAYL EG. N DATE 1111W BY' C IfrEft BY BOOLt / FAGE SHERT OF, SCALE IlGTB DRAm.,• FILE XD - B -TAYLOR 0- TAYLOR NONE S I I 11N_=30FT, 1 02/15/16 16003