Development Business - Sheila Sellman, City Planner
Title
Title
Granting a Variance to Locate a Detached Accessory Structure Within the 100-Foot Required Setback at 12640 Radisson Road NE. Aaron Jordan (Case File No. 22-0051/SAS)
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Executive Summary
The applicant is requesting a variance to the front yard setback of 100 feet for a new garage in an FR (Farm Residential) district. The request is to reduce the setback to 50 feet.
Schedule of Actions
|
Planning Commission (Public Hearing) |
08/10/22 |
|
City Council (Variance) |
08/15/22 |
|
Action Deadline |
09/09/22 |
Background
Staff report prepared by Sheila Sellman, City Planner and Teresa Barnes, Project Engineer
Zoning
The property is zoned FR (Farm Residential). The zoning district is intended for large lot residential uses, typically in areas that are not served by sewer and water.
Surrounding Zoning and uses
The properties to the south and west are zoned R-1 (Single Family). The property immediately north is zoned AG (Agriculture) and is an agricultural preserve. There is a cul-de-sac cut out of the farm that is zoned DF (Development Flex) and has smaller lot single family homes. To the east is Radisson Road and a combination of properties zoned FR and R-1AA (Single Family).
Existing Conditions
The property is wooded and has a large wetland in the center of the property. Nothing has been built on the property.
History
The applicant applied for a Conditional Use Permit (CUP) to build a 2,613 square foot detached garage. In the FR district the total garage and accessory building space can be up to 3,000 square feet. The proposed detached garage and attached garage space is 2,963 square feet.
The Planning Commission held the public hearing on the CUP on June 14, 2022. Several of the neighbors spoke at the public hearing in opposition of the application. Comments included:
1. Preference that the garage be located closer to Radisson Road.
2. Concerns about drainage impacts from the construction of the garage and driveway.
3. A desire for more engagement with the neighborhood prior to the public hearing.
A motion was made at the Planning Commission to approve the CUP as presented; the vote was 3-3, therefore the motion failed.
After the Planning Commission meeting, and before the July 6, 2022 City Council meeting, staff met with the applicant to review alternative locations for the garage that would mitigate the concerns identified by residents at the Planning Commission meeting.
Several alternatives were prepared by staff that would allow the applicant to locate the garage closer to Radisson Road and meet the required 100-foot setback. A 100-foot setback is required if the garage is going to be in front of the house. The applicant was not interested in the alternatives. The applicant does not want to move the house closer to Radisson Road due to traffic (safety) and noise concerns. He stated that the wetlands will prohibit him to locate the garage and/or house in an alternative location.
The applicant stated that if he was going to move the garage, he would want it closer to Radisson Road in a location that would not meet the required 100-foot setback, therefore requiring a variance.
After reviewing various options, it was determined to present the proposal as submitted for City Council consideration. At the July 6, 2022, City Council meeting, the Council heard the same opposition from the neighbors. The Council discussed alternative locations and recognized the constraints of the site. They discussed allowing the garage to be in the front yard which would satisfy the neighbors’ concerns, and the applicant explained that was where he originally wanted to put the garage but was advised by staff that a variance would be necessary and would not be supported by staff. The Council tabled the CUP request and suggested the applicant apply for a variance to the front yard setback requirement.
Evaluation of Request
Code Requirement
Section 29.014 of the zoning code regulates conditional uses in an FR Zone. Specifically, 29.014j states: Accessory buildings located within the front yard, provided the structure to be placed in the front yard has at least a one-hundred-foot front yard setback.
Site Plan
The applicant is proposing to construct a single-family home with a 350 square foot attached garage, a detached garage with a first-floor square footage of 1,872 square feet, and a second-floor square footage of 741 square feet. The total proposed garage and accessory building is 2,963 square feet.
The home is proposed to be located in the southeast corner of the property, approximately 100 feet from the front property line (Radisson Road) and 20 feet north of the southern property line.
The detached garage is proposed to be 50 feet from the front property line (Radisson Road) and 135 feet north of the southern property line.
In addition to the detached garage structure, the property owner proposes to construct a large turnaround on the south side of the garage and parking area on the north side. If the variance is approved, the variance should require that the driveway and parking area be reduced to minimize impacts on the wetlands and reduce the visual impacts along Radisson Road, due to the reduced set-back.
Architecture
The home has a mixture of stone veneer, vinyl lap and shake siding. The detached garage is proposed to have vinyl lap siding. In the FR district the architecture is reviewed to ensure it is compatible with the home and is residential in nature. The detached garage is taller than the typical garage with a height of 26 feet. The code requires that garages and accessory buildings cannot exceed the height of the principal building which in this case is 27 feet tall. The architecture meets code requirements and is consistent with the home.
Landscaping
The existing trees that are proposed to remain along Radisson Road will meet the landscaping requirements for the FR district.
Tree Preservation
The site is currently wooded and many trees will be removed to allow for the construction of the home and garage and to allow for the creation of flood storage to mitigate the floodplain fill. The home, garage, and driveway will result in a 0.9 acre of tree removal and the flood storage will result in 1.7 acres of tree removal.
One for one tree replacement is required for each tree removed, up to eight trees per acre. In this case, the tree replacement requirement is 21 trees. The final tree replacement calculation will be determined with the building permits and a tree survey completed by a forester will be required. Any changes will be reviewed at that time.
The remaining trees can be planted elsewhere on site, or the applicant may choose to pay into the City’s reforestation fund at a rate of $400 per tree (2022 rate).
Neighboring residents have reported that trees have been removed within the areas marked as tree preservation on the submitted plans. Up to two significant trees can be removed without replacement or city approval each year. To be a significant tree, the tree must be at least 8-inches in diameter (at chest height) and healthy. Due to emerald ash borer, all ash trees are considered insignificant. The city forester is unable to determine whether tree removal has occurred that requires replacement under the tree preservation section of the zoning code. Code enforcement staff and the city forester are continuing to monitor the situation and a final determination of tree replacement requirements will be made at the time of building permit. Additionally, the debris from tree removal that is currently on the property appears to be in violation of city ordinances. The fire marshal and code enforcement staff are aware of the situation and will be taking appropriate action.
Grading/Storm Drainage
The builder shall submit construction documents that include a mass (rough) grading, erosion protection, sediment control, development, utilities, and storm drainage plan sheets. Supporting wetland delineation report, geotechnical investigation report, soil boring logs, and hydrology report shall be included in the submittal for city review and approval. Grading plans will be required as part of the building permit application and will be reviewed to ensure no changes in the current drainage patterns occurs.
Water/Sanitary Sewer Services
Standard water and sanitary Sewer Access Charges (WAC and SAC) become due with each building permit at the rate established at the time the building permit is issued. The developer needs to include connection to the city water and sewer systems and identify how they will be extended to the proposed home.
Wetlands/Watershed
The project will need to provide for a protective buffer strip of natural vegetation at least 15-feet in width surrounding all wetlands.
The builder will need to submit the project to Coon Creek Watershed District (CCWD) for review, approval and permits required prior to city plan approval and start of site work.
Access/Street Design
The property has received approval for a residential driveway off Radisson Road (CSAH 52) from Anoka County.
Easements/Right-of-Way/Permits
The developer will need to obtain all required permits to construct the proposed project. A copy of all permits will need to be submitted to the city prior to any site work.
Airport Noise Considerations
The home is proposed to be located within 500 feet of Radisson Road (a minor arterial), therefore the noise abatement standards in 33.21 of the Zoning Code are triggered. The standards do not apply to the detached garage.
Criteria for Granting Variances
(a) A variance to the provision of the zoning ordinance may be issued by the City Council to provide relief to the landowner in those cases where the ordinance imposes practical difficulty on the property owner in the use of their land. No use variances may be issued. A variance may be granted only if the following circumstances exist.
1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property, since enactment of this ordinance, have had no control.
2. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
3. That the special conditions or circumstances do not result from the actions of the applicant.
4. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other owners of lands, structures or buildings within the same district.
5. That the variance requested is the minimum variance which would alleviate the hardship. Economic considerations alone shall not be considered a hardship.
6. A variance would not be materially detrimental to the purposes of this ordinance, or to other property in the same zone.
7. The proposed variance will not impair an adequate supply of light and air to the adjacent property, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
(b) The City Council may impose such restrictions and conditions upon the premises benefited by the variance as may be necessary to comply with the standards established by this ordinance, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.
Strategic Plan Relationship
N/A
Board/Commission Review
The Planning Commission voted unanimously to approve the variance. Three people spoke at the public hearing in support of the variance. A letter was submitted by one neighbor in support of the variance; the letter is included in the packet.
The Planning Commission is recommending approval of the variance stating that the findings listed in the code to approve a variance are met.
Financial Impact
N/A
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’s website.
4. Posted (sign) on the property with contact information for the Planning Department.
Staff Recommendation
Staff does not support the variance as alternative conforming locations have been identified, and as such, staff is unable to make the findings for approval.
If the council would like to approve the variance the motion should include findings of approval that incorporate the criteria listed above. Based on previous Planning Commission and council discussions, findings 1, 3, 6, and 7 could be considered:
1) Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property, since enactment of this ordinance, have had no control. The site is encompassed with wetlands and is wooded. Moving the garage to the proposed location will lessen the impacts on the wetland and reduce the floodplain fill.
3) That the special conditions or circumstances do not result from the actions of the applicant. The constraints of the site are not a direct action of the applicant.
6) A variance would not be materially detrimental to the purposes of this ordinance, or to other property in the same zone.
7) The proposed variance will not impair an adequate supply of light and air to the adjacent property, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
Attachment List
Zoning and Location Map
Site Plan
Wetland Map
Elevations/Plans
Public Comments
Body
WHEREAS, an application has been filed by AJBK5 as Case File No. 22-0051for a variance to locate a detached accessory structure within the 100-foot required setback; and
WHEREAS, said case involves the land described as follows:
Tract C, REGISTERED LAND SURVEY NO. 253, Anoka County Minnesota.
WHEREAS, a public hearing has been held by the Blaine Planning Commission on August 10, 2022, and the Planning Commission recommends approval; and
WHEREAS, the Blaine City Council has reviewed said case on August 15, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a variance is hereby approved per Section 27.06 of the Zoning Ordinance to locate a detached accessory structure within the 100-foot required setback with a setback of 50 feet, with the following findings:
1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property, since enactment of this ordinance, have had no control. The site is encompassed with wetlands and is wooded. Moving the garage to the proposed location will lessen the impacts on the wetland and reduce the floodplain fill.
2. That the special conditions or circumstances do not result from the actions of the applicant. The constraints of the site are not a direct action of the applicant.
3. A variance would not be materially detrimental to the purposes of this ordinance, or to other property in the same zone.
4. The proposed variance will not impair an adequate supply of light and air to the adjacent property, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood.
5. The following conditions apply:
a. No class V gravel is permitted in front of the house or garages.
b. The driveways must be reduced to a combined maximum of 4,000 square feet or less.
PASSED by the City Council of the City of Blaine this 15th day of August, 2022.