Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit Amendment to Allow a 5-Foot Side Yard Setback Rather than a 10-Foot Side Yard Setback for an Addition to the Existing House in a DF (Development Flex) Zoning District at 3136 120th Court NE. Maggie McCormack (Case File No. 23-0002/SLK)
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Executive Summary
The applicant is proposing an addition to their existing house that would include a kitchen, bathroom, and recreation room with a 5-foot side yard setback instead of a 10 foot side yard setback. The proposed addition would be a wall extension of the existing garage.
Schedule of Actions
|
Planning Commission Public Hearing |
02/14/23 |
|
City Council (Conditional Use Permit) |
03/06/23 |
|
Action Deadline |
03/14/23 |
Background
Staff report prepared by Shawn Kaye, Planner and Teresa Barnes, Project Engineer
Zoning
The property is zoned DF (Development Flex).
Surrounding Zoning and land uses
The property is located in the Lakes development and a storm pond is located in the rear yard. The adjacent properties are zoned DF (Development Flex) and have single family homes.
Existing Conditions
The site has an existing home with an attached garage.
Evaluation of Request
Site Plan
The applicant is requesting a Conditional Use Permit (CUP) Amendment to allow a 5-foot side yard setback for the construction of a kitchen, bathroom, and recreation room addition to the existing house. The current side yard setback that was established with the Lakes development in 2003 for a home/living space is 10 feet. The garage setback for the Lakes development is 5 feet.
The applicant would like to extend the wall for the home on the same side as the existing garage (west side of the home) to include an addition for additional kitchen space, a bathroom, and additional recreation room space. 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 existing garage wall is constructed 5 feet from the side property line. The construction of the proposed addition would meet a 5-foot side yard setback and be in line with the garage construction.
This type of amendment for sport court additions has been approved in the past by the City Council. Consistent with the approval of the sport courts, this addition will not include any windows or doors on the side proposing the 5-foot setback.
Architecture
The proposed addition must match architecturally with the existing house and attached garage. The plans that have been provided indicate that the structure will match the exterior materials and architecture of the existing home.
Tree Preservation
No trees will be removed for the proposed addition.
Grading/Storm Drainage
The grading plan shall provide greater detail on protecting existing trees and providing additional information on adjacent property. Existing drainage patterns will be maintained.
Utilities
No additional utility connections will be allowed.
Wetlands/Watershed
There are no wetlands affected by the proposed addition and no watershed review is required.
Access/Street Design/Sidewalks/Trails
No additional access will be allowed. No additional street design, sidewalks or trails will be required.
Easements/Right-of-way/Permits
No additional easements, right-of-way will be required. Property owner will be required to obtain all necessary permits to complete the project.
Conditional Use Permit
A city exercises “quasi-judicial” authority when considering a CUP application. This means the city’s role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards.
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. (Ord. No. 20-2447, 7-20-2020)
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 addition will not create an 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. (Ord. No. 20-2447, 7-20-2020) The use will not encroach in the established setback of the existing garage. The proposed addition is being constructed with minimal windows on the west elevation and will be constructed will similar materials to the existing home. 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 proposed addition is being constructed with minimal windows on the west elevation and will be constructed will similar materials to the existing home. The appearance of the addition will not have an adverse effect on 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 Planning Commission voted unanimously to approve the conditional use permit. There were no comments at the public hearing.
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
Site Survey
House Elevations and Floor Plans
Narrative
Resolution No. 03-74
Unapproved Planning Commission Meeting Minutes 2/14/23
Body
WHEREAS, an application has been filed by MAGGIE M MCCORMACK as Conditional Use Permit Case File No. 23-0002; and
WHEREAS, said case involves the property described as follows:
Lot 11, Block 1, THE LAKES OF RADISSON TWENTY-EIGHTH ADDITION
WHEREAS, the Blaine Planning Commission held a public hearing on February 14, 2023, and recommended approval regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on March 6, 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 is hereby approved per Section 29.110 and 27.04 of the Zoning Ordinance to allow a 5-foot side yard setback for a kitchen, bathroom, and recreation room addition to the existing house in a DF (Development Flex) zoning district with the following conditions:
1. The minimum 5-foot side yard setback is limited to the kitchen, bathroom, and recreation room addition on the west side of the home.
2. The existing drainage patterns on the lot will remain unchanged.
3. The proposed addition shall match the existing house construction in terms of architectural style, exterior color, and materials.
4. All other items referenced in Resolution No. 03-74 remain unchanged.
PASSED by the City Council of the City of Blaine this 6th day of March, 2023.