Public Hearing - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit for a Total of Three Garage Accessory Buildings Totaling 1188 Square Feet in an R-1 (Single Family) Zoning District at 11511 7th Street NE. (Case File No. 23-0008/EES)
end
Executive Summary
The applicant is requesting a Conditional Use Permit (CUP) for a total of three garage accessory buildings (one attached garage, one detached garage, one shed) totaling 1,188 square feet.
Schedule of Actions
|
City Council (Conditional Use Permit) |
02/22/23 |
|
Action Deadline |
03/19/23 |
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 other single-family homes, also zoned R-1.
Existing Conditions
The property has an existing single-family home with attached garage, a detached garage and two sheds.
History
The property is adjacent to a landlocked parcel that includes land on either side of a ditch. Perry Heathfield Preserve was approved by the City Council on October 3, 2022, which divided the landlocked parcel and combined it with the adjacent parcels on either side. At that time, it was identified that both properties had more accessory buildings than were allowed by the zoning code and a condition of that final plat approval was that the plat mylars could not be recorded until the property was brought into conformance with the code. The applicant has opted to remove one of the accessory buildings and retain three and has applied for a CUP for a total of three accessory buildings.
Evaluation of Request
Site Plan
The accessory buildings on site include a 576 square foot attached garage, a 440 square foot detached garage, a 128 square foot shed, and a smaller shed (approximately 60 square feet), proposed to be removed. The three structures proposed to remain total 1,188 square feet. The maximum garage and accessory building space in the R-1 district is 1,000 square feet or 1,200 with a CUP. Two accessory buildings are permitted, with a third allowed with a CUP. The applicant is requesting a CUP for both the total size of the accessory buildings and the number of accessory buildings. Since one of the buildings needs to be removed, a condition has been included indicating that it needs to be removed by June 1, 2023, or prior to release of the plat mylars for recording, whichever comes first.
The 128 square foot shed was constructed around 2015 and no permit was obtained. Permits are required for accessory buildings over 120 square feet. A condition of approval is that the applicant obtain the required permit.
Architecture
The detached garage and sheds are consistent in color with the home, as is required in the R-1 district. No changes are needed to the accessory buildings.
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 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 existing accessory buildings should not encroach into any existing easements.
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. (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 proposed combination of garages and shed will not create an excessive burden on public facilities and utilities.
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 accessory buildings are compatible with the area.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The buildings are designed to be consistent with the home and won’t 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 accessory buildings maintain an overall residential character for the property and are consistent with the purposes of the zoning code and zoning district.
6. The use shall not be in conflict with the comprehensive plan of the City. The proposed use is consistent with the low-density residential land use 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 accessory buildings will not require utility services, and the existing property has adequate roads and necessary drainage facilities.
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 CUPs 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
Survey
Photos of Accessory Buildings
Resolution 22-152
Body
WHEREAS, an application has been filed by Gloria Perry as Conditional Use Permit Case File No. 23-0008; and
WHEREAS, said case involves the property described as follows:
Lot 11 Block 2 OAK PARK ESTATES
WHEREAS, the Blaine City Council held a public hearing on February 22, 2023, and recommended approval 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 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 totaling 1188 square feet in an R-1 (Single Family) zoning district with the following conditions:
1. The shed proposed for removal must be removed no later than June 1, 2023, or the release of plat mylars for recording, whichever comes first.
2. Applicant shall obtain an accessory building permit for the 128 square foot shed proposed to remain prior to June 1, 2023.
PASSED by the City Council of the City of Blaine this 22nd day of February, 2023.