DEVELOPMENT BUSINESS - Lori Johnson, City Planner
Title
GRANTING A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR THE CONSTRUCTION OF A 200 SQUARE FOOT SHED IN A DF (DEVELOPMENT FLEX) ZONING DISTRICT LOCATED AT 12996 CORAL SEA COURT NE. (CASE FILE NO. 20-0013/SLK)
Schedule of Actions
|
Planning Commission (Public Hearing) |
05/12/20 |
|
City Council (Conditional Use Permit) |
06/01/20 |
|
Action Deadline |
07/02/20 |
Planning Commission
There were three neighborhood comments shared with the Planning Commission. Two comments were supportive of the 200 square foot shed and the third comment was supportive with the same allowances provided to their (adjacent neighbor) property in the future. The third comment also shared concern with the applicant previously constructing a shed in another neighborhood in 2016 without proper permits. These comments were made a part of the record.
The Planning Commission recommended the shed size remain at the existing conditional use permit approval of 120 square feet. In addition, they recommended the applicant to apply for a building permit and identify that property line and wetland setbacks are being met for any shed on the property.
Background
The Springbrook 2nd Addition development was approved in 2018 and the entire development has a zoning designation of DF (Development Flex). As you know, in the DF district, the city council approves resolutions that include the standards for each development. Resolution 18-37 was approved by the city council for the Springbrook 2nd development. This resolution states that there shall be no detached accessory structures allowed in this development over 120 square feet.
Earlier this year, the city received a complaint regarding an accessory shed in Springbrook 2nd Addition. It was determined that the shed was 200 square feet in size. This makes the shed 80 square feet over the allowed square footage.
Staff has given the homeowner the opportunity to bring a request forward that allows him to keep the shed at its current square footage. This request involves amending the original conditional use permit to allow for this shed at this square footage for this lot only. This process has been used in North Oaks West and other developments over the years, and more recently with this applicant when he lived in Shade Tree Cove Woods in 2016. He also did not receive a permit prior to construction in this instance.
The shed is appropriately located in the rear yard. However, if this conditional use permit is granted, the applicant will need to demonstrate that proper setbacks are being met with the issuance of a building permit. The shed is not large enough to hold an automobile so it will more than likely only be used for personal storage of lawn equipment and other related items.
Recommendation
If the city council would like to allow the property owner to keep the shed, they can do so by recommending approval of the first conditional use permit resolution and the associated conditions. The city council should be aware, however, that similar requests may come forward. Springbrook 2nd Addition is unlike North Oaks West in that the lots are a great deal smaller and are not necessarily set up for large accessory structures. A condition has been added that would require the applicant to pay a double fee for the building permit as a permit was not obtained prior to the construction of the shed.
If the city council wishes to deny the conditional use permit for a 200 square foot shed in a DF (Development Flex) zoning district the attached second resolution and findings should be discussed and, by motion, adopted.
Attachments
Zoning and Location Map
Site Plan
Pictures (2)
Public Comments
Body
WHEREAS, an application has been filed by Steve Lund and Amy Lund as Conditional Use Permit Amendment Case File 20-0013; and
WHEREAS, said case involves the land described as follows:
LOT 2, BLOCK 5, SPRINGBROOK 2ND ADDITION
WHEREAS, a public hearing has been held by the Blaine Planning Commission on May 12, 2020; and
WHEREAS, the Blaine Planning Commission recommends the shed be limited to 120 square feet; and
WHEREAS, the Blaine City Council has reviewed said case on June 1, 2020 and finds the proposed change to be inconsistent with the area or in general
conformance to the adopted Conditional Use Permit for the area; and
WHEREAS, THE City Council further finds that the requested Conditional Use Permit Amendment should be denied based on the following findings:
• The Blaine Planning Commission held a public hearing, took public testimony, discussed the application and recommended the shed be limited to 120 square feet as required in the original Conditional Use Permit.
• The applicant’s history with after-the-fact CUP’s discourages compliance with the city’s zoning code, negatively impacting the health, safety, morals and general welfare of his neighbors and city residents.
PASSED by the City Council of the City of Blaine this 1st day of June, 2020.