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File #: RES 21-157    Version: Name: CUP Amend - Obaidi Elevator (21-0050)
Type: Resolution Status: Passed
File created: 8/2/2021 In control: City Council
On agenda: 8/2/2021 Final action: 8/2/2021
Title: Granting a Conditional Use Permit Amendment to Construct an Interior Elevator with a 6-Foot Setback from the Side Property Line in a DF (Development Flex) Zoning District at 2952 132nd Avenue NE. (Case File No. 21-0050/EES)
Sponsors: Lori Johnson
Attachments: 1. Attachments, 2. Unapproved Minutes 071321

Development Business - Lori Johnson, City Planner

 

Title

Title

Granting a Conditional Use Permit Amendment to Construct an Interior Elevator with a 6-Foot Setback from the Side Property Line in a DF (Development Flex) Zoning District at 2952 132nd Avenue NE. (Case File No. 21-0050/EES)

end

 

Executive Summary

The applicant is requesting a conditional use permit amendment to allow an addition for an elevator in the side yard setback. The request is consistent with previous approvals of indoor sport courts.

 

Schedule of Actions

Planning Commission Public Hearing

07/13/21

City Council

08/02/21

Action Deadline

08/10/21

 

Background

Staff report prepared by Elizabeth Showalter, Community Development Specialist

 

The applicant is requesting a conditional use permit (CUP) amendment to allow for a 6-foot setback for living space rather than the currently required 10-foot setback for an elevator addition in Wagamon Ranch 2nd Addition.

 

The applicant is retrofitting their home to accommodate two children who use wheelchairs. They have proposed adding the elevator to the east side of the home, which is a side yard.

 

Wagamon Ranch requires a 10-foot living space setback and a 5-foot garage setback. Living space is interpreted as anything other than garage, so the elevator would be considered living space. In Wagamon Ranch and other developments, CUP amendments have been granted to allow indoor sport courts to meet the garage setback since they are different from typical living spaces and do not have windows that could negatively impact neighboring properties. Staff recommends treating the elevator in a similar manner and amending the CUP to allow for a 6-foot setback so long as it is architecturally compatible with the existing home.

 

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

Notice 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’s website.

 

Staff Recommendation

By motion, adopt the resolution.

 

Attachment List

Zoning and Location Map

Narrative

Existing Conditions

Proposed Site Plan

Floor Plans

Unapproved Planning Commission Minutes 7/13/21

 

Body

                     WHEREAS, an application has been filed by Ali Al Obaidi as Conditional Use Permit Case File No. 21-0050; and

 

                     WHEREAS, said case involves the land described as follows:

 

Lot 4, Block 3, WAGAMON RANCH 2ND ADDITION

 

                     WHEREAS, a public hearing has been held by the Blaine Planning Commission on July 13, 2021; and

 

                     WHEREAS, the Blaine Planning Commission recommends said conditional use permit be approved; and

 

                     WHEREAS, the Blaine City Council has reviewed said case on August 2, 2021.

 

                     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 of the Zoning Ordinance to construct an interior elevator with a 6-foot setback from the side property line in a DF (Development Flex) zoning district based on the following conditions:

 

1.                     The minimum 6-foot side yard setback is limited to the elevator addition on the east side of the home.

2.                     The proposed addition to match the existing house construction in terms of architectural style, exterior color and materials.

3.                     All other items referenced in Resolution No. 15-44 remain unchanged.

 

PASSED by the City Council of the City of Blaine this 2nd day of August, 2021.