HomeMy WebLinkAboutLA19-000060 (3348 Bayside Rd) CUP Exhibit D PC Staff Report
To: John Ressler and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden, Planner
Date: September 16, 2019
Subject: LA19-000060, Tom Druk, 3348 Bayside Road, Conditional Use Permit,
Public Hearing
Background
The applicant is proposing the build a 2 car detached garage on the property. The site is
substandard is size, width, and has a protected tributary along the northern property line
creating a limited building envelope. In order to meet all the required setbacks the detached
garage is partially located within the 100 year floodplain. The garage will be elevated out of the
floodplain with fill. Placing fill in the floodplain requires a condition use permit (78-1118(5)).
The 26x26 building is proposed to be raised roughly 2 feet. The fill will come from the site. .
LOT ANALYSIS WORKSHEET
Section 78-305- Setbacks for Accessory Building:
DISTRICT LR-1A Required Proposed
Front 50’ 83.1’
Rear 15’ 16’
Side Street 30’ 38’
Side 15’ 79.8’
Section 78- 305 - Lot Area/Width:
DISTRICT Lot Area Lot Width
Required 87,120 s.f. (2 acres) 200’
Actual 20,831 s.f. (47.8 acre) 120’
Section 78-1700 - Hardcover Calculations:
Stormwater
Overlay District
Tier
Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 1 20,831 s.f. 5,207.7 s.f.
(25 %)
1,704s.f.
(8.2 %)
3,158 s.f.
(15.2 %)
Applicable Regulation: Conditional Use Permit (Section 78-916)
Application Summary: The applicant is requesting a conditional use permit for grading and
filling within the floodplain and mitigation for a 100-year floodplain for construction of a new
detached garage.
Staff Recommendation: Planning Department Staff recommends approval.
LA19-000060
9/16/2019
/Page 2 of 3
The Planning Commission may recommend and the Council may grant a Conditional Use
Permit (CUP) as the use permit was applied for or in modified form. On the basis of the
application and the evidence submitted, the city must find that the proposed use at the
proposed location is or will be:
1) Consistent with the community management plan; The use of the property for a
home and detached garage is consistent with the residential district.
2) Compliant with the zoning code, including any conditions imposed on specific uses as
required by article V, division 3 of the City Code; Filling in the floodplain is a
conditional use.
3) Adequately served by police, fire, roads, and stormwater management; The property
is served by municipal services, no issues have been identified or are anticipated.
4) Provided with an adequate water supply and sewage disposal system; There is
adequate services to support the intended use.
5) Not expected to generate excessive demand for public services at public cost;
Altering and mitigating in the floodplain is not expected to generate any public
services or cost.
6) Compatible with the surrounding area as the area is used both presently and as it is
planned to be used in the future; The proposed detached garage follows all other
city code requirements and fits with the surrounding area.
7) Consistent with the character of the surrounding area, unless a change of character
is called for in the community management plan; This is true.
8) Compatible with the character of buildings and site improvements in the surrounding
area, unless a change of character is called for in the community management plan;
This is true.
9) Not expected to substantially impair the use and enjoyment of the property in the
area or have a materially adverse impact on the property values in the area when
compared to the impairment or impact of generally permitted uses; Not expected to
impact adjacent uses.
10) Provided with screening and buffering adequate to mitigate undesirable views and
activities likely to disturb surrounding uses; Use is contained within with property
boundaries.
11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes,
dust, electrical interference, general unsightliness, or other means; This is true.
12) Not cause excessive non-residential traffic on residential streets, parking needs that
cause a demonstrable inconvenience to adjoining properties, traffic congestion, or
unsafe access; There is roughly 50 cubic yards of total material being manipulated
on the property for altering the floodplain. This is considered a minor amount of
material and should not create excessive traffic or parking.
13) Designed to take into account the natural, scenic, and historic features of the area
and to minimize environmental impact; The applicant is proposing to mitigate the
area that is to be filled by creating for volume of area to use as floodplain all within
the property boundaries. This will minimize the environmental impact of the
project.
14) All exterior lighting shall be so directed so as not to cast glare toward or onto the
public right-of-way or neighboring residential uses or districts; No exterior lights are
proposed for the condition use.
15) Not detrimental to the public health, public safety, or general welfare. This
statement is true.
LA19-000060
9/16/2019
/Page 3 of 3
A CUP may be granted subject to such conditions as the Council may prescribe. Additionally,
a CUP shall remain in effect as long as the conditions imposed by the City Council are
observed, but nothing in this section shall prevent the city from enacting or amending official
controls to change the status of conditional uses.
Conditional Use Permit Analysis
Staff finds the proposed plans meet the conditions for filling in the floodplain. The applicant is
mitigating the work by creating more floodplain area within the property. They are also raising
the floor of the garage to place the building above the floodplain elevation. The applicant is
working to place the building within the required setbacks leaving them minimal options to work
outside the floodplain.
Engineer Comments
The City Engineer reviewed the proposed plans and has the following comments:
1. Sediment erosion control measures should include a double silt fence due to proximity to a
protected waterway.
2. MCWD Permit - The applicant will be required to obtain Minnehaha Creek Watershed District
(MCWD) approval and permitting for their Erosion Control and floodplain alteration rules. A
copy of any approvals or permits required should be submitted prior to issuance of the
permit.
3. Any material materials deposited or stored in the floodplain must be protected from
erosion by vegetative cover, mulching, riprap or other acceptable method
Public Comments
To date, no public comments have been received.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Commission find it necessary to impose conditions in order to mitigate the
impacts created by the granting of the requested variance(s)?
3. Are there any other issues or concerns with this application?
Planning Staff Recommendation
Planning Staff recommends approval of the proposed conditional use permit and meeting the City
Engineer’s Comments.
List of Exhibits
Exhibit A. Application
Exhibit B. Proposed Survey/Site Plan
Exhibit C. Proposed Plans and Elevations
Exhibit D. Submitted Hardcover Calculations
Exhibit E. Property Owners List and Map