ITEM 3.4 Nolden CUP=.,, O,
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Action
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ORIGINATING DEPARTMENT:
REQUESTOR:
MEETING DATE*
Planning
City Planner Licht
22 July 2013
PRESENTER(s),
REVIEWED BY-,
ITEM 9:
Consent Agenda
City Administrator Johnson
3.4 — Nolden CUP
AGENDA ITEM DETAILS
City staff recommends approval ofaCUP allowing moving of anewly built single family dwelling to
14453 78t h Street.
ARE YOU SEEKING APPROVAL oF AoowTnxorv
No.
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/aAPUBLIC HEARING neWmsov
Held by Planning Commission on 15 July 2013
The Planning Commission held apublic hearing ontoconsider the application ofMark and
Bonita Nolden for a conditional use permit to allow relocation of an existing single family
dwelling to a vacant lot within the City. Mr. No|den was present at the public hearing. There
was nopublic comment
The Planning Commission raised noissues with the request. The public hearing was closed and
the Planning Commission voted 5-0 to recornmend approval subject to conditions. Findings of
Fact and Decision have been drafted consistent with the recornmendation, of the Planning
Commission are attached for consideration by the City Council at their meeting on 22 July 2013
at 7:0013M.
SUPPORTING DOCUMENTS:
A. Planning Report
B. Findings ofFact
POSSIBLE: MOTION
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BUDGET INFORMATION
FUNDING:
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ACTION TAKEN
o APPROVED AS R EQ U ESTE D
COMMENTS:
BUDGETED: o YES
n DENIED D TABLED n OTHER (List changes)
3601 Thurston Avenue N, Suite 100
Anoka, MIN 65303
Phone: 763.231.5840
Facsimile: 763.427.0520
TPC@PlanningCo.com
PLANNING REPORT
TO: Otsego Planning Commission
FROM: Daniel Licht, AICP
DATE: 11 July 2013
RE: Otsego — Nolden; Building Relocation CUP
TPC FILE: 101.02 — 13.13
BACKGROUND
Mark and Bonita Nolden are proposing to move in an existing single family dwelling to a
vacant lot located at 14453 78th Street (Block, Lot 14 Walesch Estates 2 d Addition).
The house is a newly built structure constructed by the students at Wright Technical
Center in Buffalo. Section 19 of the Zoning Ordinance requires approva[ of a
conditional use permit to relocate an existing structure to a lot within the City. A public
hearing has been scheduled for 15 July 2013 at 7:00 PM before the Planning
Commission to consider the application.
Pyhihifiq-
A. Site Location
B. Site Plan
ANALYSIS
Zoning. The subject site is zoned R-3, Residential Long Range Urban Service District
where the proposed single family dwelling is a permitted use,
Building Code. The relocation of existing structures to lots within the City of Otsego
requires that the building comply with applicable requirements of the Building Code.
The applicant has been working with the Department of Building Safety to obtain a
building permit prior to relocation of the structure. Given that the structure is new
construction no issues are anticipated but conformance with the Uniform Building Code
should be made a condition of any approval, subject to review and approval of the
Building Official.
Lot Standards. The following table illustrates required performance standards for
single family lots and dwellings in the R-3 District. As indicated, the subject property
and proposed location of the relocated single family house shown on the site plan will
conform to applicable performance standards. A certificate of survey confirming the
location of the house upon the lot will be required with the building permit application.
Single Family Dwelling Standards. Section 2.0-17-11 of the Zoning Ordinance
outlines minimum design standards for single family uses, which apply to this
application. These requirements include a perimeter foundation, minimum dimensions
of 30 feet by 24 feet, a shingled roof, and minimum overhangs of one foot. Based upon
the dimensions of the house being 50 feet x 30 feet as shown on the preliminary site
plan, the structure is in conformance with these requirements.
Utilities. The proposed house will be served by an on-site septic system and well in
accordance with the requirements of the City Code. These systems are subject to
review and approval of the Building Official.
Security. Section 20-19-2.E requires that the relocated structure be placed on the lot
and a certificate of occupancy issued within six months from the date a building permit
is issued. City staff recommends this requirement be included as a condition of
approval. Section 20-19-3 of the Zoning Ordinance further requires that a security to be
posted for the relocation of existing structures. This security is required in part to cover
any costs that may be incurred due to damage during the relocation as well as
encourage completion of the project in a timely manner. The City has required an
escrow of $5,000.00 for this purpose, which must be provided at the time the building
permit is issued.
Criteria. In considering CUP applications, the Planning Commission and City Council
must also take into consideration the possible effects of the building relocation based
upon (but not limited to the criteria established by Section 20-4-21 of the Zoning
Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Comment.- The Comprehensive Plan includes the policy that the character of
individual neighborhoods shall be reinforced, maintained and upgraded. The
relocation of this newly built single family dwelling meeting all applicable
requirements of the Building Code and Zoning Ordinance to a vacant lot in this
neighborhood is consistent with this policy.
2
Lot
Area
Lot
Width
ILot
Depth
I Setbacks
Front Side Rear
Required
1. 0 ac.
150 ft.
100 ft.
36 ft.
1 Oft.
50 ft.
Proposed
'1.0 ac.
150 ft.
297 ft.
80 ft.
50ft.
187 ft.
Single Family Dwelling Standards. Section 2.0-17-11 of the Zoning Ordinance
outlines minimum design standards for single family uses, which apply to this
application. These requirements include a perimeter foundation, minimum dimensions
of 30 feet by 24 feet, a shingled roof, and minimum overhangs of one foot. Based upon
the dimensions of the house being 50 feet x 30 feet as shown on the preliminary site
plan, the structure is in conformance with these requirements.
Utilities. The proposed house will be served by an on-site septic system and well in
accordance with the requirements of the City Code. These systems are subject to
review and approval of the Building Official.
Security. Section 20-19-2.E requires that the relocated structure be placed on the lot
and a certificate of occupancy issued within six months from the date a building permit
is issued. City staff recommends this requirement be included as a condition of
approval. Section 20-19-3 of the Zoning Ordinance further requires that a security to be
posted for the relocation of existing structures. This security is required in part to cover
any costs that may be incurred due to damage during the relocation as well as
encourage completion of the project in a timely manner. The City has required an
escrow of $5,000.00 for this purpose, which must be provided at the time the building
permit is issued.
Criteria. In considering CUP applications, the Planning Commission and City Council
must also take into consideration the possible effects of the building relocation based
upon (but not limited to the criteria established by Section 20-4-21 of the Zoning
Ordinance:
1. The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Comment.- The Comprehensive Plan includes the policy that the character of
individual neighborhoods shall be reinforced, maintained and upgraded. The
relocation of this newly built single family dwelling meeting all applicable
requirements of the Building Code and Zoning Ordinance to a vacant lot in this
neighborhood is consistent with this policy.
2
2. The proposed use's compatibility with present and future land uses of the area.
Comment. The area is developed with existing single family homes, which is the
planned land use to continue into the future by the Comprehensive Plan. As
such, the proposed use will be compatible with present and future land uses.
3. The proposed use's conformity with all performance standards contained within
the Zoning Ordinance and other provisions of the City Code.
Comment: The subject site and relocated structure will conform to all applicable
performance standards established by the Building Code and Zoning Ordinance.
4. Traffic generation by the proposed use in relation to the capabilities of streets
serving the property.
Comment.- The relocated structure will access off of 78th Street, which is an
improved local residential street with a rural section design that has adequate
capacity to serve traffic generated by the proposed use.
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 use is consistent with the Comprehensive Plan and
conforms to the Zoning Ordinance and therefore is anticipated to be
accommodated for within the City's existing service capacity.
RECOMMENDATION
The proposed use complies with all applicable criteria to allow relocation of an existing
structure to a lot within the City. Our office recommends approval of the application
subject to the conditions outlined below.
POSSIBLE ACTIONS
A. Motion to approve a conditional use permit to allow relocation of an existing
single family dwelling to Block 4, Lot 14 Walesch Estates 2nd Addition subject to
the following conditions:
A building permit is applied for and approved by the Building Official prior
to relocation of the structure.
2. The relocated structure shall be ready for occupancy within six (6) months
from the date of location on site, subject to approval of the Building
official.
3
3. The applicant is to submit a certificate of survey identifying the building,
septic system and well locations.
4. The design of an on-site septic system and well are subject to review and
approval of the Building Official.
5. A security in the amount of $5,000.00 as required by Section 20-19-3 of
the Zoning Ordinance is posted at the time the building permit is issued
and shall be returned upon issuance of a certificate of occupancy.
B. Motion to deny the application based on a finding that the request is inconsistent
with the Comprehensive Plan and Zoning Ordinance.
C. Motion to table.
C. Lori Johnson, City Administrator
Tami Loff, City Clerk
Ron Wagner, City Engineer
Andy MacArthur, City Attorney
Barbara Williams, Building Technician
Mark and Bonita Nolden, applicant
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APPLICANT: Mark and Bonita Nolden
7-22-13
FINDINGS & DECISION
CONDITIONAL USE PERMIT
APPLICATION: Request for approval of a conditional use permit to allow relocation of an existing
single family dwelling to a lot located at 14453 78th Street in Otsego.
CITY COUNCIL MEETING: 22 July 2013
FINDINGS: Based upon review of the application and evidence received, the City Council of the
City of Otsego now makes the following findings of fact.
A.
B.
C.
D.
E.
The legal description of the property is Lot 14, Block 4 Walesch Estates 2nd Addition, City of
Otsego, County of Wright, State of Minnesota.
The subject site is guided by the Comprehensive Plan for low density residential land uses
within the Long Range Urban Service Area.
The subject site is zoned R-3, Long Range Urban Service District.
The applicant is proposing to move an existing single family dwelling to the subject site,
which is currently vacant; relocation of existing structures to a lot in Otsego is allowed as a
conditional use.
Consideration of the application is to be based upon (but not limited to the -criteria set forth
by Section 20-4-2.F of the Zoning Ordinance:
The proposed action's consistency with the specific policies and provisions of the
official City Comprehensive Plan.
Comment: The Comprehensive Plan includes the policy that the character of
individual neighborhoods shall be reinforced, maintained and upgraded. The
relocation of this newly built single family dwelling meeting all applicable requirements
of the Building Code and Zoning Ordinance to a vacant lot in this neighborhood is
consistent with this policy.
2. The proposed use's compatibility with present and future land uses of the area.
Comment. The area is developed with existing single family homes, which is the
planned land use to continue into the future by the Comprehensive Plan. As such,
the proposed use will be compatible with present and future land uses.
3. The proposed use's conformity with all performance standards contained within the
Zoning Ordinance and other provisions of the City Code.
Comment. The subject site and relocated structure will conform to all applicable
performance standards established by the Building Code and Zoning Ordinance.
4. Traffic generation by the proposed use in relation to the capabilities of streets serving
the property.
Comment: The relocated structure will access off of 78hStreet, which is an improved
local residential street with a rural section design that has adequate capacity to serve
traffic generated by the proposed use.
5. The proposed use can be accommodated by existing public services and facilities
and will not overburden the City's service capacity.
Commenk The proposed use is consistent with the Comprehensive Plan and
conforms to the Zoning Ordinance and therefore is anticipated to be accommodated
for within the City's existing service capacity.
F. The Planning Report dated 11 July 2013 prepared by the City Planner, The Planning
Company LLC., is incorporated herein.
G. The Otsego Planning Commission conducted a public hearing at their regular meeting on 15
July 2013 to consider the application, preceded by published and mailed notice; upon review
of the application, and other evidence, the public hearing was closed and the Planning
Commission recommended by a 5-0 vote that the City Council approve the request based
on the findings outlined above.
DECISION: Based on the foregoing information and applicable ordinances, the application is
hereby APPROVED subject to the following conditions:
1 A building permit is applied for and approved by the Building Official prior to
relocation of the structure.
2. The relocated structure shall be ready for occupancy within six (6) months from the
date of location on site, subject to approval of the Building Official.
3. The applicant is to submit a certificate of survey identifying the building, septic
system and well locations.
4. The design of an on-site septic system and well are subject to review and approval of
the Building Official.
5. A security in the amount of $5,000.00 as required by Section 20-19-3 of the Zoning
Ordinance is posted at the time the building permit is issued and shall be returned
upon issuance of a certificate of occupancy.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
oil
Attest.
ADOPTED by the City Council of the City of Otsego this 22" day of July, 2013.
Tari Leff, City Clerk
CITY OF OTSEGO
Bv:
Vern Heidner, Acting Mayor