DEVELOPMENT BUSINESS - Lori Johnson, City Planner
Title
GRANTING A CONDITIONAL USE PERMIT TO ALLOW UP TO 1,200 SQUARE FEET OF GARAGE AND ACCESSORY BUILDING SPACE IN AN R-1 (SINGLE FAMILY) ZONING DISTRICT LOCATED AT 8631 BALTIMORE STREET NE. MATTHEW MERRITT. (CASE FILE NO. 20-0041/EES)
Schedule of Actions
|
Planning Commission (Public Hearing) |
12/08/20 |
|
City Council (Conditional Use Permit) |
12/21/20 |
|
Action Deadline |
01/18/21 |
Planning Commission
Staff report prepared by Elizabeth Showalter.
The Planning Commission voted unanimously to approve the Conditional Use Permit.
The applicant and one neighbor spoke in favor of the application. The commissioners expressed no concerns with the granting of the Conditional Use Permit.
Background
The property is located in the R-1 single family zoning district which allows up to 1,000 square feet of combined garage and accessory building space, or 1,200 square feet with a conditional use permit. The property has an existing home and a 988 square foot detached garage. The applicant recently had a garage fire and in rebuilding/repairing the garage, wants to expand it. The applicant is requesting a conditional use permit and variance to allow an addition to the garage for a total garage size of 1,900 square feet.
At this time, the property has several code violations. The applicant currently does not have full use of the garage, however aerial photos show the code violations were occurring prior to the garage fire.
Violations include:
1. Storage of four vehicles on unpaved surfaces in the rear yard.
2. A temporary membrane structure (temporary carport) in the rear yard.
3. A driveway on the north side of the home encroaching on to the neighboring property. This driveway has existed for many years. Previous code enforcement action against a previous owner resulted in an unpaved access to the driveway being removed and restored to grass and retaining this nonconforming driveway. At this time, the applicant is driving over the grass to access the garage. The applicant argues that this access is occurring due to the location of the dumpster on the property, and otherwise, utilizes the driveway.
4. A dumpster is currently located on the property related to cleanup from the fire. The dumpster encroaches onto the neighboring property.
Conditional use permits are often requested to expand garages or build additional detached garages. The City generally uses the conditional use permit process to apply conditions to ensure that the garage is designed in a manner appropriate for the neighborhood and will not be used for a home based business. Staff recommends approval of the conditional use permit with the standard conditions applied to similar applications in the past as well as a few conditions to address zoning and property maintenance code violations existing on the property. Those conditions establish a timeline to remove outside storage and vehicles parked in the back yard and addresses an issue of access to the garage over an unpaved surface.
Recommendation
By motion, approve the Resolution.
Attachments
See Variance report.
Body
WHEREAS, an application has been filed by Matthew Merritt as Conditional Use Permit Case File No. 20-0041; and
WHEREAS, said case involves the land described as follows:
THE NORTH HALF OF LOT 34, SPRING LAKE PARK SHORES ADDITION, ANOKA COUNTY, MINNESOTA.
WHEREAS, a public hearing has been held by the Blaine Planning Commission on December 8, 2020; and
WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
WHEREAS, the Blaine City Council has reviewed said case on December 21, 2020.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 27.04, and 29.035 (k) of the Zoning Ordinance to allow for 1,200 square feet of accessory building space in an R-1 (Single Family) zoning district based on the following conditions:
1. The total garage and accessory building space, limited to a total of 1,200 square feet, to be constructed as a 1,200 square foot detached garage.
2. The applicant’s proposed garage must be used for personal storage space only, and it may not be used for a home occupation/business.
3. Garage/accessory building doors shall not exceed ten (10) feet in height.
4. The materials and colors of the garage must be compatible with the home.
5. All outside storage of vehicles, except what is allowed by 33.13 (j) must cease by June 15, 2021, or the date of completion of the garage, whichever is sooner.
6. The temporary membrane structure (temporary carport) must be removed from the property by June 15, 2021, or the date of completion of the garage, whichever is first.
7. The dumpster on the property must be moved onto the applicant’s property as soon as possible, and no later than January 31, 2021.
8. The property owner must cease utilizing any route other than the driveway for access to the garage immediately. If the turf or other site conditions show evidence of routine access off the secondary driveway, the existing driveway must be removed and restored to turf and a new driveway must be constructed on the south side of the home meeting all required setbacks and dimensional standards.
9. Compliance with conditions 5-7 shall be guaranteed by $2,000 escrow which must be paid to prior to the issuance of any building permits. The escrow will be returned upon determination that the conditions have been met.
PASSED by the City Council of the City of Blaine this 21st day of December, 2020.