07-11-2022 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: mcc Reviewed By: L. Oakden Approved By: 1. Purpose. This application is regarding a height variance for an accessory building. 2. MN§15.99 Application Deadline. The application was received and considered to be complete on May 18, 2022. The 60-Day review period has been extended and expires on September 15, 2022. 3. Background/ Summary. City Code Section 78-420 states that maximum building height for all buildings is 30-feet (defined height), and further stipulates that accessory buildings not exceed the height of the principal building (home). The property owner applied for a building permit to construct a pole building on his 3.17 acre property with a proposed peak height of approximately 17 feet (defined height ±15 feet). The existing home is a one-story walkout rambler with a peak height of approximately 16 feet, a sidewall height of approximately 9 feet (defined height is estimated to be ±12 feet). Reducing the height significantly reduces the building’s functionality for its planned use. The proposed building will be well below the permitted 30-foot defined height limitation, however is limited by the height of the home. The proposed building will be located to the rear of the home, and will be set on grade that is approximately 10 feet lower than the front of the home. The proposed pole building is less than 1,000 square feet and is proposed in a permitted location. They have requested a height variance. 4. Planning Commission Vote and Comment. On June 21, 2022, the Planning Commission held a public hearing. The Planning Commission discussed the Code’s intent for the additional accessory building height limitation assuming the intent was to prevent accessory buildings which are more massive than homes. The Commission suggested the Council consider initiating a text amendment discussion regarding this specific provision. The draft Planning Commission minutes are attached as Exhibit B. Following the public hearing the Planning Commission voted 6 to 0 on a motion to deny the requested variance due to lack of practical difficulty. 5. Public Comment. No comments from the neighbors were received. 6. Staff Recommendation. Staff recommends denial of the variance request. However, Staff concurs with the Planning Commission’s recommendation that Council consider initiating a text amendment process to remove this restriction from this zoning district. COUNCIL ACTION REQUESTED Direct staff to draft a resolution reflecting Council’s decision. Exhibits A. Proposed Plans B. Draft PC Minutes C. Photos D. PC Staff Report 06/21/2022 Item No.: 15 Date: July 11, 2022 Item Description: LA22-000029 – John Peterson, 2880 Fox Street, Variance Presenter: Melanie Curtis Planner Agenda Section: Planning Department Report