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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 1181.6,401'61,00 i 892;894,896,898; 902; 904,906:908; 912; 914; 916; 918; 922;924,926;928; 932;934,936;938; 71 1 942;944,946;948; 952;954,956;958; 962; 964; %6; 968; - 972;974;976, 978; 982; 984; 986, 988; -996- 992;994, .998; ; 1006; 'e 1002; 1004, 8"'11'o6ro do fo 7' 1008;1012;1014; 1016;1018;1022; Tu 41t 1024,1026;1028; - 1032;1034,1036; 1038;1042;1044; Arl 1046;1048;1052; 1054,1056; 1058; 1062;1064;1066; 1068;1072;1074; 1076;1078;1082; 'x'11;8,189;00401'0 1084;1086;1096• 1092,10 94, 1098;1102;1104; 1106;1108;1112; 1114;1116;1118; - 1126; 1122; 1124, 1128;1132;1134; CSAHCL CTYCL MUNICL a PRIVATECL TWPCL Highways Interstate State Hwy US Hwy NE Cityfrownship Limits �. c O t Parcels 2' Contours 842; 844,846; 848; A", 852;854;856;858; 862; 864,866; 868; - 876; 878; 872; 874 , 882; 884,886,888; 1181.6,401'61,00 i 892;894,896,898; 902; 904,906:908; 912; 914; 916; 918; 922;924,926;928; 932;934,936;938; 71 1 942;944,946;948; 952;954,956;958; 962; 964; %6; 968; - 972;974;976, 978; 982; 984; 986, 988; -996- 992;994, .998; ; 1006; 'e 1002; 1004, 8"'11'o6ro do fo 7' 1008;1012;1014; 1016;1018;1022; Tu 41t 1024,1026;1028; - 1032;1034,1036; 1038;1042;1044; Arl 1046;1048;1052; 1054,1056; 1058; 1062;1064;1066; 1068;1072;1074; 1076;1078;1082; 'x'11;8,189;00401'0 1084;1086;1096• 1092,10 94, 1098;1102;1104; 1106;1108;1112; 1114;1116;1118; - 1126; 1122; 1124, 1128;1132;1134; t � t•J tt � i'. ,.I � h �• }�t 7,.x,.17 i '�!`��? 4�YJ12 n ` I I, I 1 5 111, 115;.-�- ,•� - p '.�`__ tI 4 �.�{ 4X1 7 u, 1� fl "•` }� ;s r � t•J tt � i'. ,.I � h �• }�t 7,.x,.17 i '�!`��? 4�YJ12 n ` I I, I 1 5 111, 115;.-�- ,•� - p '.�`__ tI 4 �.�{ 4X1 7 u, 1� a �� 10 its , o 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