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File #: RES 12-084    Version: 1 Name: 05-96 Deacons Pond CUP Amend
Type: Resolution Status: Passed
File created: 6/21/2012 In control: City Council
On agenda: 6/21/2012 Final action: 6/21/2012
Title: CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR A 5-FOOT SIDE YARD SETBACK FOR LIVING SPACE THAT IS PLACED ABOVE THE GARAGE FOR THE DEACONS POND DEVELOPMENT (ALL ADDITIONS) AT 118TH LANE AND LONDON STREET. TJB HOMES, INC. (CASE FILE NO. 05-96/LSJ)
Sponsors: Bryan Schafer
Attachments: 1. Attachments.pdf
ITEM:         11.2         DEVELOPMENT BUSINESS - Bryan K. Schafer, Planning and Community Development Director
 
Title
CONDITIONAL USE PERMIT AMENDMENT TO ALLOW FOR A 5-FOOT SIDE YARD SETBACK FOR LIVING SPACE THAT IS PLACED ABOVE THE GARAGE FOR THE DEACONS POND DEVELOPMENT (ALL ADDITIONS) AT 118TH LANE AND LONDON STREET.  TJB HOMES, INC.  (CASE FILE NO. 05-96/LSJ)
 
Schedule of Actions
City Council (CUP Amendment)
06/21/12
 
Background
The Deacon's Pond development began building homes on 31 lots in late 2005. The developer's intention was to build two-story homes with extensive amenities, much of which has happened. Many of the two story homes, which have been purchased by families, have bonus rooms that provide additional living space (extra bedrooms) built over the garage. Garages are allowed to be placed 5-feet from the side yard. The CUP amendment would clarify that living space built above that garage could also be at the 5-foot setback and would not have to meet the 8-foot setback that was established for this development.
 
Recommendation
By motion, approve the Resolution.
 
Attachments
Zoning and Location Map
Typical Two Story House Plan
 
Body
 
WHEREAS, an application has been filed by TJB Homes, Inc. as conditional use permit Case File No. 05-127; and
 
WHEREAS, the Blaine City Council has reviewed said case on June 21, 2012.
 
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 29.80 of the zoning ordinance to allow for a 5-foot side yard setback for living space that is placed above the garage for the Deacon's Pond Additions (Deacon's Pond 1st and  2nd Addition as well as all future additions based on re-platting of the outlots of Deacon's Pond 1st and  2nd Addition) based on the following conditions:
 
1.      This resolution replaces Resolutions 05-286, 06-218, 09-78 and 11-25.  
 
2.      Construction of all homes to be generally guided by depictions, drawings and information submitted for review and approval for this conditional use permit.  All site plans and unit plans require approval of the Planning Department prior to work beginning.  All site work to meet the Performance Standards Section 33.00 of the Zoning Ordinance.
 
3.      All housing units to incorporate Noise Abatement Standards.
 
4.      All units to be placed according to the following minimum building setbacks:
 
Ø 25-foot front yard setback for houses and garages
Ø 20-foot corner yard setback
Ø 5-foot side yard setback for garages and for living space that is built above the garage.
Ø 8-foot side yard setback for houses
Ø 30-foot rear yard setback for houses and garages
 
5.      Minimum floor area above grade for the homes must be 1,570 square feet.  
 
6.      All exterior elevations for the homes must be approved by the Planning Department prior to issuance of a building permit.  
 
7.      All front exterior elevations for the homes must incorporate at least two of the following materials:  stucco, brick, maintenance free horizontal lap siding, natural stone, shakes and baton board.  Shakes and baton board to be made of hardi-plank or vinyl.
 
8.      The exception to condition #7 would include front exterior elevations that include only one of the following materials:  stucco, brick or natural stone.  
 
9.      The side and rear elevations of the homes must include at least one of the materials listed in condition #7.  Any other materials are not allowed on the sides or rear of the homes.   
 
10.      A homeowner's association for the development is not required, and the housing styles are no longer limited to only rambler-style homes.  
 
11.      All garages to be minimum of 400 square feet with no dimension less than 20 feet. Maximum garage area of 1000 square feet.
 
12.      No detached accessory structures except for those associated with or required for operation and maintenance of swimming pools.
 
13.      Each lot shall provide one boulevard overstory tree.
 
14.      Each lot shall contain a minimum front yard planting of one ornamental tree and one overstory or conifer tree. Existing trees preserved through the custom grading effort will be credited.
 
15.      All unit foundations to have a minimum of 12 foundation plantings along front of home.
 
16.      Tree inventory to be completed and incorporated into grading and landscape plan.  
 
17.      All lots shall have underground irrigation.  
 
18.      All entrance monument signage to be approved by a separate permit.  
 
19.      The landscape plan must detail any landscaping associated with entrance monument signage.
 
PASSED by the City Council of the City of Blaine this 21st day of June 2012.