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HomeMy WebLinkAbout16-3862 ExF PC SR EditedDate Application Received: 08/17/16 Date Application Considered as Complete: 09/01/16 60-Day Review Period Expires: 10/31/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner mcc Date: 15 September 2016 Subject: #16-3862, Robert Lund, 2732 Caroline Ave, Variance & CUP Public Hearing List of Exhibits Exhibit A. Application Exhibit B. Practical Difficulties Documentation Form Exhibit C. Proposed Survey/Site Plan Exhibit D. Proposed Plans and Elevations Exhibit E. Hardcover Calculations Exhibit F. Aerial Photos Exhibit G. City Code Excerpts Exhibit H. Property Owners List Exhibit I. Plat Map Background The property owner is proposing to construct a second story addition over the existing detached garage on the property to serve as a guest house. The property has 1.25 acres in area, therefore a guest house is permitted via a conditional use permit. Because the existing detached garage footprint is larger than 1,000 square feet, it is nonconforming with respect to size, a variance from Section 78-1437 is required. LOT ANALYSIS WORKSHEET Section 78-420 & 78-1434 – Guest House Setbacks: The guest house is proposed to be constructed within an existing 1,164 square foot building (including the deck and stair) which is considered to be a non-conforming oversize accessory structure (OAS). The property is over 1.0 acres and is permitted one OAS up to 1,000 square foot footprint. An OAS must meet principal structure setbacks. Application Summary: The applicant is requesting approval of a conditional use permit to permit a guest house on the property. The guest house will be constructed above an existing detached garage which has a footprint of 1,164 square feet. A variance is required because the existing detached garage is nonconforming because it exceeds (by 164 square feet) the permitted maximum OAS size for the 1.25 acre property. Staff Recommendation: Planning Department Staff recommends approval. Council Exhibit F FILE # 16-3862 15 Sept 2016 Page 2 of 6 LR-1C Required Existing/Proposed Front/Lake 75’ ±270’ Rear /Street 30’ 98.2’ North Side 30’ 34’ South Side 30’ 47.5’ Average Lakeshore Setback The existing garage and all proposed improvements to it will meet the average lakeshore setback. Section 78-420 - Lot Area/Width: LR-1C Lot Area Lot Width Required 21,780 s.f. (0.5 acre) 100’ Actual 54,723 s.f. (1.25 acre) ±120’ @ OHWL & 75’ Section 78-1403- Structural Coverage: Total Lot Area Total Structural Coverage 54,723 s.f. (1.25 acre) Allowed: 8,208 s.f. (15%) Existing/Proposed: 5,249 s.f. (9.5%) Section 78-1680 and 78-1700 -Hardcover Calculations: Stormwater Overlay District Tier Total Area in Zone Allowed Hardcover Existing/Proposed Hardcover (No change) Tier 1 54,723 s.f. 13,680 s.f. (25 %) 9,932 s.f. (18.1%) 155 s.f. w/in 75’ Applicable Regulations: Guest House use in a Nonconforming Accessory Structure Variance (Code Section 78-1437) Plumbing is permitted in accessory structures, provided the structure is conforming. A variance is necessary because the Oversize Accessory Structure (OAS) is 164 sq ft too large; a 1,000 sq ft structure is permitted on the lot. According to the plans it appears the existing deck on the detached garage will be extended between from 5.5 feet to 6.5 feet which would expand the footprint of the building and therefore the nonconformity; a new, upper deck is proposed. Guest House Conditional Use Permit (City Code Section 78-418(2)) The property is within the LR-1C zoning district which requires a minimum of 0.5 acres per lot. The Code provides for a guest house use on properties with twice the minimum acreage for the respective district. In this case 1.0 acres is required; the property meets this requirement. The guest house and OAS covenants apply. FILE # 16-3862 15 Sept 2016 Page 3 of 6 Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variance will be in harmony with the intent of the Zoning Code as the structure is existing. The two story addition will be conforming with respect to setbacks, and height. 2. The variance is consistent with the comprehensive plan. The variance resulting in a guest house to be constructed in the upper floor of the existing residential garage in a residential zone is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The size of the garage was not the result of actions by the landowner. A guest house is permitted on residential properties which meet the size requirement. b. There are circumstances unique to the property not created by the landowner; The proposed guest house use of the existing detached garage will not alter the character of the neighborhood; and c. The variance will not alter the essential character of the locality. The property is 1.25 acres in area, the proposed guest house use within a second story addition to the existing detached garage will not alter the character of the neighborhood. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The garage, constructed in 1996 by a previous owner as a replacement to a then existing detached garage, is nonconforming with respect to size on this 1.25 acre property. The proposed guest house use and 2nd story addition will not increase the nonconformity (footprint size). 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is 1.25 acres, enough acreage to accommodate a guest house, however does not have adequate width to subdivide into two buildable lots. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has stated that this is so. FILE # 16-3862 15 Sept 2016 Page 4 of 6 7. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The guest house in the proposed location will not impair the health, safety, comfort or morals of the public. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has indicated that, although permitted to construct a separate, conforming guest house building less than 1,000 square feet in footprint, they wish to minimize hardcover by utilizing the existing nonconforming structure. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Applicable Regulation: Conditional Use Permit (Section 78-916) 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 proposed use is residential in nature and residential use is consistent with the CMP guiding for this neighborhood. 2) Compliant with the zoning code, including any conditions imposed on specific uses as required by article V, division 3 of the City Code; The guest house will be otherwise conforming in location, and height on the property; the proposal to convert the existing nonconforming detached garage into the guest house requires a variance. 3) Adequately served by police, fire, roads, and stormwater management; The proposed use will be adequately served by existing services and facilities. 4) Provided with an adequate water supply and sewage disposal system; The proposed guest house will be connected to City sewer and water. 5) Not expected to generate excessive demand for public services at public cost; Staff believes this criterion is met. 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 addition to the detached garage for the guest house space is residential in character and its use is expected to be compatible 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; The guest house is residential in visual character and is expected to be compatible with the surrounding area. 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; The architectural styling of the proposed building is expected to be residential in character and consistent with that of the principal structure on the property. 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; The use of the FILE # 16-3862 15 Sept 2016 Page 5 of 6 structure as a guest house is not expected to have any adverse impacts. No information has been presented to indicate such. 10) Provided with screening and buffering adequate to mitigate undesirable views and activities likely to disturb surrounding uses; The existing detached garage and therefore the addition for the guest house will not be significantly visible when viewed from off the property due to location on the lot. No additional screening or buffering is recommended. 11) Not create a nuisance which generates smoke, noise, glare, vibration, odors, fumes, dust, electrical interference, general unsightliness, or other means; The proposed guest house use is not expected to cause any of these undesirable impacts. 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; It is anticipated that the proposed guest house use will not generate any of these undesirable issues. 13) Designed to take into account the natural, scenic, and historic features of the area and to minimize environmental impact; The proposed guest house will not affect these features or have a negative environmental impact. 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; Applicants shall be advised of this requirement; and 15) Not detrimental to the public health, public safety, or general welfare. Staff believes this criterion is met. 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. Covenants Required In accepting this conditional use permit, the property owner will be required to agree to the filing of a covenant in the title of the property providing that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Additionally, as the detached garage/guest house is classified as an OAS, additional covenants are applicable as follows: Such structure shall be allowed only when the property owner agrees and covenants in writing with the city as follows: 4. No future subdivision will be approved that places the structure within a lot that has no principal structure, except that the city in its subdivision approval may grant a finite time period in which the oversized accessory structure may remain without a principal structure, in order that a principal structure may be constructed. At the end of this time period, the oversized accessory structure must be removed if no principal structure has been constructed. 5. If the property is subdivided, the oversize accessory structure and principal structure will be located together within a lot that meets the minimum lot area requirement for the given size of accessory building. FILE # 16-3862 15 Sept 2016 Page 6 of 6 6.In subdivision approval, the setback required for the oversize accessory structure shall remain. Septic System Status The property is served by City sewer. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties and Conditional Use Permit Analysis Staff finds the criteria permitting a guest house conditional use permit have been satisfied. It is not feasible to reduce the garage’s footprint (deck and footprint) to gain compliance as the building itself is 13 square feet above what is permitted. Therefore regarding the variance to expand the existing detached garage for use as a guest house because all setbacks and height requirements will be met, staff finds it reasonable. Engineer Comments The City engineer has performed a cursory review of the site plans and identified no immediate concerns. A comprehensive review of the plans will be conducted at the time of the building permit application. Public Comments No public comments. 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 Planning Commission find that the CUP and variance(s), if granted, will not alter the essential character of the neighborhood? 3.Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested CUP and variance(s)? 4.Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the CUP for the guest house use and variance permitting the guest house as proposed. Staff recommends there be no expansion of the deck or footprint during the remodel which results in additional structure (specifically, the proposed deck expansion should not be permitted). Approval of the CUP for the guest house will also require the guest house and OAS covenants be recorded against the property.