ITEM 5.1 Boeson CUPOtkzo
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Planning
City Planner Licht
12 June 2017
PRESENTER(S)
REVIEWED BY:
ITEM #:
City Planner Licht
City Administrator Flaherty
5.1— Boeson CUP
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends approval of a conditional use permit allowing a second lot access to 101St Street
from 9747 101" Street.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No
Held by Planning Commission 5 June 2017
BACKGROUND/JUSTIFICATION:
Nathan and Tiffany Boeson are proposing to install a second access from a public street to their property
located at 9747 101s' Street NE. The subject site is zoned R -C, Residential Rural Cluster Open Space
District. Section 20-21-4.H.11.d(3) of the Zoning Ordinance limits the number of lot accesses from a public
street to one per lot for properties within the R -C District except as may be allowed by approval of a
conditional use permit. The property owners have applied for a conditional use permit to allow a second
lot access.
The Planning Commission held a public hearing to consider the application on 5 June 2017. Mr. and Ms.
Boeson were present and had no additional information. There were no comments from the public. The
Planning Commission had no concerns regarding the request. The public hearing was closed and the
Planning Commission voted 6-0 to recommend City Council approval of the conditional use permit.
SUPPORTING DOCUMENTS ATTACHED:
• Planning Report dated 31 May 2017
• Findings of Fact and Decision
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES:
Motion to approve a conditional use permit allowing a second lot access to a public street from 9747 101St
Street NE, subject to the conditions as outlined in the Findings of Fact and Decision as presented.
BUDGET INFORMATION
FUNDING: BUDGETED:
NA
TPC3601 Thurston Avenue N, Suite 100
Anoka, MN 56303
Phone: 763.231 .6840
Facsimile: 763.427.0520
TPCOPlanningCo.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: D. Daniel Licht, AICP
RE: Otsego — Boeson Lot Access CUP
REPORT DATE: 31 May 2017
ACTION DATE: 1 July 2017
TPC FILE: 101.02
BACKGROUND
Nathan and Tiffany Boeson are proposing to install a second access from a public street to their
property located at 9747 10111 Street NE. The subject site is zoned R -C, Residential Rural
Cluster Open Space District. Section 20-21-4.H.11.d(3) of the Zoning Ordinance limits the
number of lot accesses from a public street to one per lot for properties within the R -C District
except as may be allowed by approval of a conditional use permit. The property owners have
applied for a conditional use permit to allow a second lot access and a public hearing to
consider the application is noticed for the Planning Commission meeting on 5 June 2017.
Exhibits:
• Site location map
• Site photographs (2 pages)
• Site plan
ANALYSIS
The property owners are proposing to construct a driveway accessing a detached accessory
building located to the southeast of the principal dwelling within the lot. The property owners
are allowed to construct the driveway provided that there is at least a five foot setback from
the east property line. The detached accessory building and proposed driveway are located on
the garage side of the principal dwelling. There is a more than eight foot increase in elevation
between the front of the lot and front line of the house. This slope, the location of an existing
tree, and preservation of the ditch slope make connection to the existing driveway accessing
1011t Street impractical. Section 20-21-4.H.11.d(3) of the Zoning Ordinance limits the number
of lot accesses from a public street within the R -C District to one unless a conditional use permit
is approved, provided that:
(a) There is a demonstrated need for more
than one (1) lot access due to physical
site constraints (soils, steep slopes,
significant vegetation, ponds or
wetlands) or the location of existing
principal buildings.
(b) The location of all access points shall be
subject to compliance with Section 20-
21-4.H.7 of the Zoning Ordinance and
approval of the City Engineer and the
County Engineer when applicable.
(c) The design of the lot access shall
conform to the specifications established
by the Engineering Manual.
The topography of the subject site provides a demonstrated need for construction of a second
access to 101St Street versus connection to the existing driveway. The location of the proposed
access complies with the requirements of the Zoning Ordinance and the access will be
constructed to comply with the specifications of Engineering Manual Plate 109 for a rural
section. The property owners have stated that they will pave the driveway and access to
comply with the surface requirements of the Zoning Ordinance after letting the base settle for a
freeze/thaw cycle. Consideration of the conditional use permit application is also to be 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: The 2012 Comprehensive Plan includes a policy to "require proper visibility,
design and control of all intersections to promote vehicle and pedestrian safety'; which
includes lot accesses. The Zoning Ordinance standards established to regulate lot access
implement this policy. As the proposed second lot access meets the criteria provided by
the Zoning Ordinance for allowance of a second driveway, the request is consistent with
the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
2
Comment: The subject site is surrounded by rural residential single family lots. The
proposed driveway will comply with the minimum setback requirement and surface
material requirement established by the Zoning Ordinance to provide for compatibility
with adjacent uses. That the proposed driveway has a second access to 101St Street
versus connecting to the existing driveway will not affect compatibility with adjacent
land uses.
The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment: The proposed driveway and second lot access will comply with the
requirements of Section 20-21-4. H.7 of the Zoning Ordinance and Plate 109 of the
Engineering Manual.
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Comment: Allowance of a second lot access to 101St Street serving an existing
detached accessory building will not result in additional traffic generated within the
subject site.
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 second lot access will not create a burden to public services
and facilities.
RECOMMENDATION
The proposed construction of a second lot access to 101St Street complies with the performance
standards established by the Zoning Ordinance. Our office recommends approval of the
requested conditional use permit as outlined below.
POSSIBLE ACTIONS
A. Motion to approve a conditional use permit allowing a second lot access to a public
street from 9747 101St Street NE, subject to the following conditions:
The proposed driveway shall be setback a minimum of five feet from the east
side lot line.
2. The design and construction of the proposed second access within the public
right-of-way shall comply with Plate 109 of the Engineering Manual.
The proposed driveway shall be surfaced with asphalt, concrete, or paver bricks
no later than 1 September 2018.
B. Motion to deny the request based on a finding that the application does not comply
with the criteria and performance standards established by the Zoning Ordinance.
C. Motion to table.
C. Adam Flaherty, City Administrator/Finance Director
Tami Loff, City Clerk
Andy MacArthur, City Attorney
Ron Wagner, City Engineer
Nathan and Tiffany Boeson, property owners
0
Overview
Legend
Roads
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MINNESOTA V
APPLICANT: Nathan and Tiffany Boeson
6 Jun 17
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Request for a conditional use permit to allow a second access from a public street
to the lot at 9747 101 st Street.
CITY COUNCIL MEETING: 12 June 2017
FINDINGS: Based upon review of the application and evidence received, the Otsego City Council
now makes the following findings of fact:
A. The legal description of the property is Lot 9, Block 10 Mississippi Pine, City of Otsego,
County of Wright, State of Minnesota.
B. The property lies within the Rural Residential Preserve and is guided for rural residential land
uses by the Otsego Comprehensive Plan, as amended.
C. The property is zoned R -C, Residential Rural Open Space Cluster District, which allows
single family dwellings as a permitted use.
D. The applicant is requesting a conditional use permit in accordance with Section 20-21-
4.H.11.d(3) of the Zoning Ordinance to allow a second access to a public street from the
property.
E. The Planning Commission and City Council must take into consideration the possible effects
of the PUD -CUP with their judgment based upon (but not limited to) the criteria outlined in
Section 20-4-2.17 of the Zoning Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the
Otsego Comprehensive Plan.
Finding: The 2012 Comprehensive Plan includes a policy to "require proper visibility,
design and control of all intersections to promote vehicle and pedestrian safety",
which includes lot accesses. The Zoning Ordinance standards established to
regulate lot access implement this policy. As the proposed second lot access meets
the criteria provided by the Zoning Ordinance for allowance of a second driveway, the
request is consistent with the Comprehensive Plan.
2. The proposed use's compatibility with present and future land uses of the area.
Finding: The subject site is surrounded by rural residential single family lots. The
proposed driveway will comply with the minimum setback requirement and surface
material requirement established by the Zoning Ordinance to provide for compatibility
with adjacent uses. That the proposed driveway has a second access to 101St Street
versus connecting to the existing driveway will not affect compatibility with adjacent
land uses.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Finding: The proposed driveway and second lot access will comply with the
requirements of Section 20-21-4.H.7 of the Zoning Ordinance and Plate 109 of the
Engineering Manual,
4. Traffic generation of the proposed use in relation to capabilities of streets serving the
property.
Finding: Allowance of a second lot access to 101St Street serving an existing
detached accessory building will not result in additional traffic generated within the
subject site.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Finding: The proposed second lot access will not create a burden to public services
and facilities.
F. The planning report dated 31 May 2017 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
G. The Otsego Planning Commission held a public hearing at their regular meeting on 5 June
2017 to consider the application, preceded by published and mailed notice. Based upon
review of the application and evidence received, the Otsego Planning Commission closed
the public hearing and recommended by a 6-0 vote that the City Council approve the request
based on the aforementioned findings.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED and is subject to the following conditions:
1. The proposed driveway shall be setback a minimum of five feet from the east side lot line.
2. The design and construction of the proposed second access within the public right-of-way
shall comply with Plate 109 of the Engineering Manual.
3. The proposed driveway shall be surfaced with asphalt, concrete, or paver bricks no later than
1 September 2018.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
2
Attest:
ADOPTED by the City Council of the City of Otsego this 12th day of June, 2017.
Tami Loff, City Clerk
CITY OF OTSEGO
By:
Jessica L. Stockamp, Mayor