Public Hearing - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit for a Side Yard Setback of 8-feet in a DF (Development Flex) Zoning District at 13109 Coral Sea Court NE. Jonathan Homes of MN, LLC (Case File No. 23-0012/SAS)
end
The applicant is requesting a conditional use permit amendment to allow an 8-foot side yard setback rather than a 10-foot side yard setback for a sport court in a DF (Development Flex) zoning district.
Schedule of Actions
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City Council (Conditional Use Permit Amendment) |
02/22/23 |
|
Action Deadline |
04/04/23 |
Background
Staff report prepared by Sheila Sellman, City Planner and Teresa Barnes, Project Engineer
Zoning
The subject site is zoned Development Flex.
Surrounding Zoning and uses
The subject site is surrounded by single family homes and there is a pond to the east of the site.
Existing Conditions
The site is prepped and ready for development. A building permit is under review for the proposed single-family home.
History
In 2015, Wagaman Ranch development was approved and a Conditional Use Permit (CUP), Resolution 15-044, governs the development. The subject parcel is part of Wagaman Ranch 3rd Addition and was platted in 2019.
Evaluation of Request
Site Plan
The applicant is requesting a CUP Amendment to allow an 8-foot side yard setback for the house. The current side yard setback that was established with the Wagaman Ranch development in 2015 for a home/living space is 10 feet. The garage setback for the development is 5 feet.
The proposed house has an attached garage that is 5-feet from the side property line. However, living space (interpreted as any part of the house that is not garage) must meet the current setback of 10 feet per the approved CUP. The garage wall will be constructed 5 feet from the side property line. Part of the house closest to the southern property line has a sport court. This part of the house would meet an 8-foot side yard setback.
This type of amendment for sport court additions have been approved in the past by the City Council. Consistent with the approval of other sport courts, there will not be any windows or doors on the side proposing the reduced setback.
Architecture
The proposed house is consistent with the Wagaman Ranch CUP requirements.
Grading/Storm Drainage
The grading proposed on the provided Certificate of Survey for the proposed construction accounts for the required drainage patterns.
Wetlands/Watershed
The alteration of the setback will not affect any wetlands and does not require watershed review.
Access/Street Design
The proposed driveway as shown on the provided Certificate of Survey matches city standards. No additional street design is required.
Easements/Right-of-way/Permits
No additional easements or right-of-way would be required to allow the alteration of the setback. The construction will still be required to obtain all necessary permits.
Conditional Use Permit
Section 27.04 Criteria for granting conditional use permits:
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable.
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The house will not create and excessive burden on parks, schools or streets.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. The proposed sport court is being constructed with the house with no windows on the south side, therefore the use will be compatible with the adjoining property.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The sport court is being constructed the same time as the house and will not have an adverse effect upon adjacent properties.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The Development Flex District creates a reasonable balance between the interests of the property owner in developing their property with greater flexibility in land uses and at the same time protect the interest of surrounding properties.
6. The use shall not be in conflict with the comprehensive plan of the City. The use is not in conflict with the LDR (Low Density Residential) designation in the Comprehensive Plan.
7. The use will not cause traffic hazard or congestion. The proposed development will not result in any additional traffic hazards or additional congestion to the area.
8. The use shall have adequate utilities, access roads, drainage and necessary facilities. The proposed development, once constructed, will have the required utility services, adequate roads and necessary drainage facilities to service the proposed development.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The public hearing is being held at the City Council meeting, therefore no review or
recommendation was received from the Planning Commission. These types of conditional use permits are typically reviewed by the Planning Commission, but since the property was recently reviewed by the Commission related to the preliminary plat, the case has been referred by staff directly to the City Council.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the city website.
Staff Recommendation
By motion, adopt the Resolution.
Attachment List
Zoning and Location Map
Narrative
Survey
Building Elevations
Resolution 15-044
Body
WHEREAS, an application has been filed by Jonathan Homes of MN, LLC as Conditional Use Permit Case File No. 23-0012; and
WHEREAS, said case involves the property described as follows:
Lot 19, Block 2, WAGAMON RANCH 3RD ADDITION
WHEREAS, the Blaine City Council held a public hearing on February 22, 2023, regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on February 22, 2023; and
WHEREAS, the criteria identified in Section 27.04 for granting a conditional use permit has been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit amendment is hereby approved per Section 27.04 of the Zoning Ordinance to allow an 8-foot setback for living space on the south side of the house with the following conditions:
1. The 8-foot setback is limited to the sport court on the south side of the house.
2. All other items referenced in Resolution No. 15-044 remain unchanged.
PASSED by the City Council of the City of Blaine this 22nd day of February 2023.