Sponsor - Shawn Kaye, Planner
Title
Title
Public Hearing Case File No. 22-0038 // Richard Macomb // 3151 117th Lane NE
The applicant is requesting a conditional use permit amendment to allow a 6-foot side yard setback rather than a 10-foot side yard setback for an approximately 920 square foot enclosed sport court, swim spa, and golf simulator addition to the house in a DF (Development Flex) zoning district.
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Background
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Zoning |
DF (Development Flex) |
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Land Use |
LDR (Low Density Residential) |
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Area |
0.43 acres |
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Applicable Regulations |
Section 29.110 of the Zoning Ordinance |
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Attachments |
Zoning and Location Map |
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Site Survey |
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House Elevations and Floor Plans |
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Narrative |
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Resolution No. 03-74 |
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Schedule |
Planning Commission: 06/14/22 |
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City Council: 07/06/22 |
Staff report prepared by Shawn Kaye, Planner and Teresa Barnes, Project Engineer
Executive Summary
Zoning
The property is zoned DF (Development Flex).
Surrounding Zoning and land uses
The property is located on a corner lot and a storm pond is located in the rear yard. The adjacent property to the southeast is zoned DF (Development Flex) and the land use is LDR (Low Density Residential).
Existing Conditions
The site has an existing home with an attached garage.
Evaluation of Request
Site Plan
The applicant is requesting a conditional use permit (CUP) amendment to allow a 6-foot side yard setback for the construction of an approximately 920 square foot enclosed sport court, swim spa, and golf simulator addition to the house. The current side yard setback that was established with the Lakes development in 2003 for a home/living space is 10 feet. The garage setback for the Lakes development is 5 feet.
The applicant would like to extend the wall for the home on the same side as the existing garage (southeast side of the home) to include an addition for the sport court, swim spa, and golf simulator. However, living space (interpreted as any part of the house that is not garage) must meet the current setback of 10 feet per the approved CUP. The existing garage wall is constructed 5.5 feet from the side property line in the front of the garage, and because the property line angles the setback of the garage is 6.5 feet in the rear of the garage. The construction of the proposed addition would meet a 6-foot side yard setback and generally be in line with the garage construction. The applicant is also proposing a 3rd floor addition to the master bedroom and this addition will meet the required 10-foot side yard setback.
This type of amendment for a sport court addition has been approved in the past by the City Council.
Architecture
The proposed addition must match architecturally with the existing house and attached garage. The plans that have been provided indicate that the structure will match the exterior materials and architecture of the existing home.
Tree Preservation
No trees will be removed for the proposed addition.
Grading/Storm Drainage
Existing grading and storm water drainage on the lot will be maintained.
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 addition will not create an excessive burden on parks, schools, or streets.
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. (Ord. No. 20-2447, 7-20-2020) The use will not encroach in the established setback of the existing garage. The proposed addition is being constructed with minimal windows on the southeast elevation and will be constructed will similar materials to the existing home. Therefore, the use will be compatible with the adjoining property.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The proposed addition is being constructed with minimal windows on the southeast elevation and will be constructed will similar materials to the existing home. The appearance of the addition 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 Development Flex District creates a reasonable balance between the interests of the property owner in developing their property with greater flexibility in land uses and at the same time protect the interest of surrounding properties.
6. The use shall not be in conflict with the comprehensive plan of the City. The use is not in conflict with the LDR (Low Density Residential) designation in the Comp Plan.
7. The use will not cause traffic hazard or congestion. The proposed addition 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 addition will not require any additional utilities, road access, drainage or other facilities.
Recommendation
In Planning Case File No. 22-0038, it is recommended that the Planning Commission recommend approval of a conditional use permit amendment to allow a 6-foot side yard setback for an approximately 920 square foot enclosed sport court, swim spa, and golf simulator addition to the house in a DF (Development Flex) zoning district for property located at 3151 117th Lane NE, with the following conditions:
1. The minimum 6-foot side yard setback is limited to the enclosed sport court, swim spa, and golf simulator addition on the southeast side of the home.
2. The proposed addition shall match the existing house construction in terms of architectural style, exterior color and materials.
3. All other items referenced in Resolution No. 03-74 remain unchanged.