Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit for a Total of Three Garage/Accessory Buildings (One Attached Garage, Two Sheds) in an R-1 (Single Family) Zoning District at 1114 126th Lane NE. Joaquin Trevizo (Case File No. 23-0010/EES)
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Executive Summary
The applicant is requesting a conditional use permit to have an attached garage and two sheds. There are currently three sheds on the property, and one is proposed to be removed to be in compliance with the code. Painting of the sheds to match the home is a condition of approval.
Schedule of Actions
|
Planning Commission Public Hearing |
02/14/23 |
|
City Council (Conditional Use Permit) |
03/06/23 |
|
Action Deadline |
03/28/23 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist and Teresa Barnes, Project Engineer
Zoning
The property is zoned R-1(Single Family) residential.
Surrounding Zoning and uses
The property is surrounded by single family homes zoned R-1.
Existing Conditions
The property has an existing single-family home with attached garage and three sheds. The rear of the property backs up to County Ditch 60.
History
The home was built in 1976. No previous approvals apply to the property.
Evaluation of Request
Site Plan
There are three sheds and one garage on the subject site. The applicant is proposing to remove one of the three existing sheds for a total of three accessory buildings. Remaining will be one 480 square foot attached garage, a 10 foot by 8 foot shed, and a 11 foot by 12 foot shed. The total accessory building square footage is 692 square feet. The applicant utilizes the sheds for personal storage including storing donations collected by the applicant. Per the proposed conditions, the third shed must be removed June 1, 2023.
Architecture
Accessory buildings are required to be architecturally compatible with the home (generally interpreted to be matching in color). The conditions of approval require the applicant to paint the sheds proposed to remain.
One of the sheds proposed to remain currently has a plywood door. That will need to be replaced with finished materials as a condition of approval.
Grading/Storm Drainage
The applicant will restore the area around the shed that is removed, and the existing drainage patterns will remain.
Wetlands/Watershed
The removal of one shed leaving two existing sheds will not affect any wetland area and will not require any watershed review.
Access/Street Design/Sidewalks/Trails
No additional street access will be granted, and no street design, sidewalks or trails will be required.
Easements/Right-of-way/Permits
The sheds are located within an easement adjacent to the ditch, for ditch cleaning. Typically sheds may not be placed in easements, but the city engineer has approved this location given the nature of the easements and the small and movable nature of the sheds. If the easement is needed, the sheds must be relocated at the property owner’s expense.
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 additional shed will not create an excessive burden on parks, schools, or other facilities.
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. When modified as required by the conditions, the sheds will be compatible with the adjoining properties and character of the zoning district.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. When painted to match the home, the sheds 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 use is consistent with the purposes of the zoning district and code.
6. The use shall not be in conflict with the comprehensive plan of the City. The use is not in conflict with 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
Aerial Photo
Photo of Existing Sheds
Property Survey
Unapproved Planning Commission Meeting Minutes 2/14/23
Body
WHEREAS, an application has been filed by Joaquin Trevizo as Conditional Use Permit Case File No. 23-0010; and
WHEREAS, said case involves the property described as follows:
Lot 3, Block 6 CARRARA
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 29.034 (f) and 27.04 of the Zoning Ordinance to allow for a total of three garage/accessory buildings (one attached garage, two sheds) in an R-1 (Single Family) zoning district with the following conditions:
1. The third, easternmost shed, shall be removed by June 1, 2023.
2. Remaining sheds shall be painted to match the existing home and be constructed entirely of finished materials by June 1, 2023.
3. The sheds may be located in the drainage easement, but if the easement is needed, the sheds must be relocated outside of the easement at the property owners’ expense.
4. A permit is required for the 12 foot by 11 foot shed. Applicant shall obtain the required permit, with a final inspection passing by June 1, 2023.
PASSED by the City Council of the City of Blaine this 6th day of March, 2023.