Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit Amendment to Reduce Setback Requirements for Driveways from 5 Feet to 3 Feet in a DF (Development Flex) Zoning District at Pleasure Creek South and Pleasure Creek South 2nd Addition. (Case File No. 22-0078/SAS)
end
Executive Summary
The applicant is requesting a conditional use permit amendment to reduce driveway setback requirements from 5 feet to 3 feet in the Pleasure Creek South and Pleasure Creek South 2nd additions.
Schedule of Actions
|
Planning Commission Public Hearing |
12/13/22 |
|
City Council (Conditional Use Permit) |
01/04/23 |
|
Action Deadline |
01/14/23 |
Background
Staff report prepared by Sheila Sellman, City Planner, and Teresa Barnes, Project Engineer
Zoning
Pleasure Creek South and Pleasure Creek South 2nd Addition is zoned DF (Development Flex) and have conditional use permits for single family development.
Surrounding Zoning and land uses
The development is surrounded by DF, R-1 (Single Family) and R-3C (High Density Multi-Family) across 99th Avenue. The land use designations are LMDR (Low/Medium Density Residential) and MDR (Medium Density Residential).
Existing Conditions
Pleasure Creek South and Pleasure Creek South 2nd is fully developed with single family homes.
History
In 1997 a Conditional Use Permit (CUP) was issued for Pleasure Creek and Pleasure Creek South permitting single family development. The CUP provides the development standards.
Evaluation of Request
In the R-1 and R-1AA (single family residential) zoning districts, the setback for driveways is 3 feet. The DF zoning district has the driveway setback determined in the CUP. The CUP for this development has a 5-foot driveway setback.
In the spring of 2021, the applicant completed a driveway expansion with a 3-foot setback from the southern property line. The CUP for this development requires a 5-foot setback. The City became aware of the CUP violation upon a complaint filed with the Community Standards Department.
The City does not have a residential driveway permitting process. Typically, residents call the City to verify any requirements. In this case, the applicant did contact staff and was misinformed about the setback as standard with single family residential zoning. The applicant was told that the setback was 3-feet.
The applicant was presented with options for compliance that included removing the driveway, proposing an ordinance amendment or applying for a CUP amendment. Since the CUP governs the driveway setback for the neighborhood, the applicant petitioned the majority of the neighborhood to see if there was support for changing the CUP for the entire development. Out of 70 property owners, 65 signed the petition in support of the change. While this is not a requirement or primary basis to approve or deny the request, it is used to demonstrate support (or lack thereof) of the proposed change for the entire development. City staff did not review the petition nor can staff verify what message was delivered with the petition, or if all 70 property owners were contacted by the applicant.
Grading/Storm Drainage
The proposed change in setback requirements does not result in any changes to the existing grading or storm water drainage in the area.
Wetlands/Watershed
The proposed change in setback requirements does not result in any changes to the existing wetlands in the area nor does it require any review from the watershed district.
Access/Street Design/Sidewalks/Trails
The proposed change in setback requirements does not result in any changes to the existing access, street design, sidewalks or trails in the area.
Easements/Right-of-Way/Permits
The proposed change in setback requirements does not result in any changes to the existing easements or the right-of-way in the area. The change in setback requirements will not require any additional permits.
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 neighborhood is established. A driveway will not cause an excessive burden on parks, schools, streets or other 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. Changing the setback to three feet for the driveway would be compatible with the other residential districts and zoning district.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The request is for a setback, not a use.
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 majority of single-family development has a side yard setback of three feet for the driveway. This change would be consistent with the zoning code.
6. The use shall not be in conflict with the comprehensive plan of the City. The land use designation is LMDR (low/medium density residential). The proposed amendment is consistent with this designation.
7. The use will not cause traffic hazard or congestion. The proposed change to the setback requirement 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 change to the setback requirement does not require any utilities, access roads, drainage or necessary facilities.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted unanimously to approve the conditional use permit. The applicant spoke at the public hearing explaining why she made application. Another member of the public spoke and were in favor of the amendment. The Planning Commission discussed the four options outlined in the staff report and recommended approval of the conditional use permit amendment for the entire development to allow a 3-foot setback for driveways.
Financial Impact
Not applicable
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within Pleasure Creek South and Pleasure Creek South 2nd development.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the city website.
Staff Recommendation
Staff recommends one of the following options (option 1 and 2 have their own resolutions, only one should be adopted).
1. Approve the conditional use permit amendment for the entire development to allow a 3-foot setback for driveways.
2. Approve the conditional use permit amendment for the applicant to allow a 3-foot setback for the driveway.
3. Direct staff to draft an ordinance amendment to the DF (Development Flex) zoning district standards stating the driveway setback is 3-feet for single residential to be consistent with the rest of the single family residential zones.
4. Deny the request and direct staff to bring findings of fact of denial to the next meeting, if this takes place the applicant will need to remove the portion of the driveway in violation.
Attachment List
Zoning and Location Map
Resolutions 97-254 and 98-169
Petition
Public Comments
Unapproved Planning Commission Minutes 12/13/22
Body
WHEREAS, an application has been filed by Jane Conley as Conditional Use Permit Amendment Case File No. 22-0078 to reduce setback requirements for driveways from 5 feet to 3 feet in a DF (Development Flex) zoning district; and
WHEREAS, said case involves the property described as follows:
Lots 1, 2, 3, 4, 5, 6, 7, 8 ,9, Block 1, PLEASURE CREEK SOUTH 2ND ADDITION
AND
Lots 1, 2, 3, 4, 5, 6, 7, 8, Block 2, PLEASURE CREEK SOUTH 2ND ADDITION
AND
Lots 1, 2, 3, 4, 5, 6, 7, Block 3, PLEASURE CREEK SOUTH 2ND ADDITION
AND
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, Block 4, PLEASURE CREEK SOUTH 2ND ADDITION
AND
Lots 1, 2, 3, 4, 5, Block 5, PLEASURE CREEK SOUTH 2ND ADDITION
AND
Lots 1, 2, Block 6, PLEASURE CREEK SOUTH 2ND ADDITION
AND
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, Block 1, PLEASURE CREEK SOUTH
AND
Lots 1, 2, 3, 4 ,5, 6, 7, 8, 9, 10, Block 2, PLEASURE CREEK SOUTH
WHEREAS, the Blaine Planning Commission held a public hearing on December 13, 2022, and recommended approval regarding said Conditional Use Permit Amendment; and
WHEREAS, the Blaine City Council has reviewed said case on January 4, 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 amendment is hereby approved per Section 29.110 and 27.04 of the Zoning Ordinance to allow for the entire development to allow a 3-foot setback for driveways.
PASSED by the City Council of the City of Blaine this 4th day of January, 2023.