02-27-2023 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: mcc Reviewed By: LLO Approved By: 1. Purpose. This application is regarding variances from the Accessory Dwelling Unit (ADU) performance standards. 2. MN§15.99 Application Deadline. The application was received on December 6, 2022 and considered to be complete on January 7, 2023. Therefore the 60-Day review period expires on March 8, 2023. 3. Background/ Summary. The applicants and their neighbors (the Abbotts) recently purchased the property between their homes at 2965 Casco Point Road (formerly the Swenson property). They hope to split the property and combine a portion of the property with their lots. They also plan to keep the existing home and detached garage on their respective halves of the property. They will be seeking an administrative boundary line adjustment to combine and move the lot lines following approval of their requested variances from the ADU regulations. 4. Variance Description. They are seeking two variances from the ADU performance standards in order to maintain the full functionality of the existing “Swenson” home to serve as an Accessory Dwelling Unit for the principal home at 2967 Casco Point Rd. The variances requested are the minimum 1.0-acre lot area and the requirement for combined utilities. The Oare property, after the combination, will be 0.73 acre in area. The property has newly installed utilities which are separate from the “Swenson” home. 5. Planning Commission Vote and Comment. On January 17, 2023, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 4 to 0 on a motion for denial of the requested variances. The Planning Commission’s discussion is detailed in the attached minutes (Exhibit B). 6. Public Comment. No comments from the public were received on this application. 7. Staff Recommendation. Staff found no practical difficulty to support the lot area variance to permit the ADU on the property. The minimum acreage requirement cannot be met therefore the property does not qualify for an ADU use. Planning Staff recommends denial of the lot area variance for ADU use. The Oares are permitted to maintain plumbing facilities in the “Swenson” house with a restrictive covenant addressing the use as an accessory building with full plumbing facilities. COUNCIL ACTION REQUESTED Direct staff to draft a denial resolution. Exhibits A. Proposed Plans B. Draft PC Minutes 01/17/2023 C. PC Staff Report 01/17/2023 Item No.: Date: February 13, 2023 Item Description: LA22-000065 - Tim & Leslie Oare, 2967 Casco Point Rd, Variances Presenter: Melanie Curtis Planner Agenda Section: Community Development