Legal Description Part of the Western Half of the Eastern Half of the Northwest Quarter of Section 30, Le Ray Township

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1 Owner and Applicant s State Highway 83 Mankato, MN Request and Location Request for review and approval of a Conditional Use Permit to allow an Elder Care Residential Unit to be constructed onsite. The property contains some areas within the mapped General Floodplain and some areas within the Shoreland Overlay District of the Le Sueur River. However, the requested location of the proposed project is outside of both the Floodplain and the Shoreland Overlay District. The property is zoned Conservation and is located in the Western Half of the Eastern Half of the Northwest Quarter of Section 30, Le Ray Township. Legal Description Part of the Western Half of the Eastern Half of the Northwest Quarter of Section 30, Le Ray Township Zoning The property is Conservation. General Site Description and Project Proposal The acre property includes a Single-Family Dwelling with an Attached Garage occupied by the applicants and a 30 x 60 Detached Accessory Structure. The existing dwelling is approximately 1,885 square feet according to the County Assessor s information. The proposed CUP will allow for the construction of a second residence on the applicant s property that will be used by the applicant s mother. The proposed structure will measure 30 x 20 and include a 30 x 5 covered porch to be used as an Elder-Care Dwelling. The second residence would allow the applicants to provide immediate assistance for their family member when needed. When the elder care dwelling is no longer in use, the living quarters will be removed, and the use will be required to discontinue. See Attachment A-3 Project Outcome If approved, the CUP will allow for the addition of an Elder-Care Residence to the applicant s parcel. Land Use Plan The Conditional Use is consistent with the goals and policies established in the Blue Earth County Land Use Plan. 1

2 Existing Land Use within ¼ Mile North: Le Sueur River, State Highway 83, Wooded area, and Two Residential properties South: Areas of Wetland, Woodland, Agricultural land, and Two Residential properties East: Areas of Wetland, State Highway 83, Woodland, and Three Residential properties West: Areas of Wetland, Woodland, and the Le Sueur River Access No change in access is being proposed. The existing access is to and from State Highway 83. NATURAL RESOURCES INFORMATION Topography The property is relatively flat. However, a berm was previously added to the property in order to combat rising flood waters on the south side of the house. See Attachment A-4 Floodplain Approximately seventy-five percent of the property is within the mapped FEMA General Floodplain Area. However, the proposed Elder-Care Unit appears to be outside any areas of mapped Floodplain. See Attachment A-5 Shoreland The property does contain a large area within the Shoreland Overlay District of the Le Sueur River. However, the proposed Elder-Care Unit appears to be outside any areas of the mapped Shoreland areas. See Attachment A-6 DNR Floodplain Review In an dated March 13, 2019, Suzanne Jiwani, a Minnesota DNR Floodplain Mapping Engineer stated that the Base Flood Elevation (BFE) in this area is ft. NAVD88. She also stated that based on the best available information, the lowest part of the driveway is approximately ft. To accommodate emergency vehicle access, the DNR recommends driveways be no less that one foot below the BFE. Ms. Jiwani also stated that there is a neighboring house on the north side of Highway 83 that is extremely close to the mapped floodplain. For this reason, the County should have documentation that shows the necessary driveway filling would not cause an increase in the extent of the floodplain upstream of Highway 83. In an dated March 28, 2019, Suzanne Jiwani, a Minnesota DNR Floodplain Mapping Engineer stated that her office had conducted some floodplain modeling to determine the impacts, if any, from raising the applicant s driveway. The DNR modeling found that All of the water is going through the bridge upstream of this property. Downstream of the bridge the area by the driveway is flooded but has very low flow velocities because of the bridge restriction. The yellow line shows an approximate limit for the lower velocities. Filling in the low velocity area does not cause an increase in flood stage. See Attachment A-7 2

3 3 Township Review In an dated February 22, 2019, Karyn Block, the Clerk for Le Ray Township stated the applicant had attended the February 2019 Township meeting and discussed the proposal. The Township board voted to approve the Conditional Use Permit as long as it meets the requirements of Blue Earth County Planning & Zoning. Environmental Health Review See Attachment A-8 APPLICABLE SECTIONS OF THE COUNTY ORDINANCES Sec Definitions and word usage. Regional Flood means a Flood which is representative of large Floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional Flood is synonymous with the term "Base Flood" used in the Flood insurance study. Regulatory Flood Protection Elevation means an elevation no lower than one foot above the elevation of the Regional Flood, plus any increases in Flood elevation caused by encroachments on the Floodplain. Sec Flood Fringe District (Flood Fringe). (g) Standards for all Flood Fringe uses. (1) All new Principal Structures must have vehicular access at or above the Regulatory Flood Protection Elevation. If a Variance to this requirement is granted, the Board of Adjustment must specify limitations on the period of use or occupancy of the Structure for times of Flooding and only after determining that adequate Flood warning time and local Flood emergency response procedures exist. Sec Uses. (b) Conditional uses. The following uses may be allowed in the C district as a conditional use as regulated in article II of this chapter. (5) Elder Care/Dependent Care as regulated in Sec Sec Elder Care/Dependent Care Units The purpose of this section is to allow elder care/dependent care units to provide additional housing opportunities for family member s infirmed or with disabilities, their care giver(s), and/or elderly family members with a need for semi-independent living situations. Elder care/dependent care units have been found to be a compatible secondary or subordinate use to Single Family Dwellings that under certain performance standards will not negatively alter the character of the surrounding neighborhood. An elder care/dependent care unit is not designed nor intended to conflict with the purpose and intent of a specific zoning district or act as an alternative to increase residential dwelling density.

4 (a) Permit/Application Procedures (1) In addition to general procedures, standards and criteria provided in this Ordinance, attached elder care/dependent care units and detached elder care/dependent care units may be allowed in applicable zoning districts provided they are consistent with the eligibility and performance standards outlined in Sections (c) (d). (2) Fees. The zoning application fee and annual inspection fee shall be established by Resolution of the County Board. (b) Eligibility (1) Any lot proposed for an elder care/dependent care unit shall contain a principal singlefamily dwelling. Exception for New Single-Family Construction. An attached or detached accessory dwelling unit may be approved conditional to the unit being constructed concurrently with the principal single-family dwelling. (2) The principal single-family dwelling on the lot shall be owner-occupied. (c) Performance Standards (1) Not more than one (1) elder care/dependent care unit shall be allowed on a lot. (2) Occupancy of the elder care/dependent care unit is limited to family members related by blood, marriage, or adoption and/or their care giver(s). There shall be an annual verification that the persons living in the elder care/dependent care unit are family members or the care giver(s) as defined herein. (3) Size. In no case shall the total square footage of an accessory dwelling unit be more than 40 percent of the habitable area of the principal single-family dwelling, and it shall not exceed more than 800 square feet. For the purposes of elder care/dependent care units within or attached to a garage; only the habitable portion shall be calculated for elder care/dependent care unit size requirements. (4) Amenities. An elder care/dependent care unit shall not contain more than one (1) bathroom, one (1) kitchen (with or without eating area), one (1) utility room, two (2) bedrooms, and one (1) living/multi-purpose room. (5) Sewage treatment shall be provided for the elder care/dependent care unit in accordance with the Blue Earth County Subsurface Sewage Treatment System Ordinance. (6) Off-Street Parking. In addition to the parking spaces required for the principal singlefamily dwelling on the lot, one (1) off-street parking space shall be provided for the elder care/dependent care unit. (7) Driveway. An elder care/dependent care unit and its supporting parking area shall be served by the same driveway and access that serves the principal single-family dwelling. (8) Detached Elder Care/Dependent Care Unit Setbacks. In addition to meeting principal building setbacks, the detached elder care/dependent care unit shall be located in the side or rear yard of the principal single-family dwelling and be separated by at least 10 feet from the principal single-family dwelling, but not more than 150 feet. (9) An elder care/dependent care unit shall not be subdivided nor otherwise segregated in ownership from the principal single-family dwelling. 4

5 (10) All kitchen appliances and/or plumbing equipment shall be removed within 90 days once the elder care/dependent care unit is no longer occupied by a family member or care giver(s). (11) Other Regulations. The elder care/dependent care unit shall comply with all other local and state regulations. (12) Additional conditions may be imposed to ensure that the proposed use is compatible with the surrounding land uses. (d) Termination/Expiration (1) Termination. Any elder care/dependent care unit permit may be terminated if the use in question violates any of the standards of this Ordinance, or any conditions placed on the permit. (2) Expiration. Any elder care/dependent care unit permit shall expire when the unit is no longer occupied by a family member or care giver(s). (3) Removal. Attached or detached elder care/dependent care units must be removed within 90 days when the unit is no longer occupied by a family member or care giver(s). Sec Planning Commission (f) Findings required 1. Enumeration. The Planning Commission shall not forward a recommendation of approval of a conditional use permit unless they find the following facts at the hearing where the applicant shall present a statement and evidence in such form as the Planning Agency may require: a. That the proposed use conforms with the county land use plan. b. The demonstrated need for the proposed use. c. That the proposed use will not degrade the water quality of the county. d. That the proposed use will not adversely increase the quantity of water runoff. e. That soil conditions are adequate to accommodate the proposed use. f. That the proposed use does not create a potential pollution hazard. g. That adequate utility, access roads, drainage and other necessary facilities have been or are being provided. h. That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. i. That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from the proposed use. 5

6 6 j. That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. k. That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area. l. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. m. That the density of proposed residential development is not greater than the density of the surrounding neighborhood or not greater than the density indicated by the applicable zoning district. n. That the intensity of proposed commercial or industrial development is not greater than the intensity of the surrounding uses or not greater than the intensity characteristic of the applicable zoning district. o. That site-specific conditions and such other conditions are established as required for the protection of the public's health, safety, morals and general welfare. Proposed Findings of Facts (The proposed findings below are directly related to the above standards, labeled, items a-o) After careful review of the project and all associated documents, staff has developed the following opinions for this proposal: a) That the proposed use conforms with the county land use plan. The current Land Use Plan included a Community Resilience Goal to Maintain Community Resilience with sustainable lifeline systems to ensure potable water, wastewater treatment, and stormwater management systems to protect public health, safety, and property. The proposed structure is outside of the mapped Floodplain and Shoreland areas. In addition, once the driveway is raised to an acceptable elevation this property will be better prepared to meet the needs of its occupants in an emergency situation. b) The demonstrated need for the proposed use. The applicant s mother has shown a need for assistance and supervision and has therefore demonstrated a need for an elder care dwelling to be constructed on the applicant s property. c) That the proposed use will not degrade the water quality of the county. With proper maintenance of the proposed structure, the use does not appear likely to degrade the water quality of the county.

7 d) That the proposed use will not adversely increase the quantity of water runoff. Based on the DNR Floodplain modeling, it appears as though the increase in driveway height will not negatively impact nearby flood waters. Therefore, the addition of the proposed structure should not adversely increase the quantity of water runoff. e) That soil conditions are adequate to accommodate the proposed use. According to Blue Earth County Soils Map, the property consists of a mixture of Minneopa Sandy Loam and Lomax Loam soils, neither of which are classified as not highly erodible. Therefore, it seems likely that the onsite soil conditions are adequate to support the proposed use. f) That the proposed use does not create a potential pollution hazard. This type of use does not appear likely to create a potential pollution hazard. g) That adequate utility, access roads, drainage and other necessary facilities have been or are being provided. A condition has been added to address this requirement. Once the driveway is raised to a level that meets or exceeds the requirements of the County Zoning Ordinance, this standard will be met. h) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. The property appears to have adequate off-street parking to accommodate any vehicles requiring access to the property. i) That facilities are provided to eliminate any traffic congestion or traffic hazard which may result from the proposed use. The required off-street parking should alleviate any traffic congestion or traffic hazards in this area. j) That the conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted. It is unlikely that the addition of a 30 x 20 structure would be injurious to the use and enjoyment of the property in the immediate vicinity. 7

8 k) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for predominant uses in the area. The addition of the proposed structure as an elder care dwelling, does not require additional residential development rights. Therefore, it is unlikely that the establishment of the Conditional Use will impede the normal and orderly development and improvement of surrounding vacant property. l) That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. It appears as though the proposed use is unlikely to create a nuisance for neighboring properties. m) That the density of proposed residential development is not greater than the density of the surrounding neighborhood or not greater than the density indicated by the applicable zoning district. The approval of this conditional use permit meets the allowable density regulations in the agricultural district. n) That the intensity of proposed commercial or industrial development is not greater than the intensity of the surrounding uses or not greater than the intensity characteristic of the applicable zoning district. This standard does not apply to this proposal. o) That site-specific conditions and such other conditions are established as required for the protection of the public's health, safety, morals and general welfare. The protection of the public s health, safety, morals and general welfare have been addressed through the required performance standards for this type of conditional use and in the conditions included below. Recommendations Staff recommends APPROVAL of the request for a Conditional Use Permit to allow for an Elder Care-giving Residential Unit with the following conditions: 1. That the applicant meets or exceeds all of the required Chapter 24 performance standards in Section Elder Care/Dependent Care Units. 2. That any expansion or intensification of the proposed use be reviewed and approved by County staff prior to the commencement of the expansion or intensification. 8

9 3. The applicant shall apply for a construction permit. The permit must be issued before commencing any construction activities on this property. 4. Within 90 days from when the unit is no longer occupied by a family member or care giver(s), the living quarters must be removed. 5. The applicant shall commence the proposed use within one year from the date of approval by the County Board. 6. Unless reduced by a future Variance, the elevation of the entire driveway for the property shall be raised to an elevation of not less than 942 ft. (NAVD88), in accordance with Sec g (1) Flood Fringe District. Attachments A-1 General Location Map A-2 Current Site Map A-3 Proposed Site Plan A-4 Topography Map A-5 Floodplain Map A-6 Shoreland Overlay Map A-7 DNR Floodplain Review A-8 Environmental Health Review 9

10 General Attachment Location A-1 Map General Location Map Attachment A-1 Site of the Proposal

11 Current Site Map Attachment Approximate Property Lines In-Use Well! Septic Tanks & Drainfield Existing Single-family Dwelling (2004) µ Existing Detached Accessory Structure (2006) Feet

12 Proposed Site Map Attachment Approximate Property Lines In-Use Well Proposed Elder Care Unit (30' x 20')! 113 ft (approximate) Septic Tanks & Drainfield µ Feet

13 Topography Map Attachment A Proposed Elder Care Unit (30' x 20') Elevation Contour Index (10 Ft) Intermediate (2 Ft) Feet µ Source: Contours - MN LiDAR 2012

14 Preliminary Floodplain Insurance Map Rate Map April Attachment 20, 2011 Draft A-5Data State Hwy 83 Zone A No Base Flood Elevations Proposed Elder Care Unit (30' x 20') Feet Special Flood Hazard Area (1% Chance Annual Flood) Zone AE - Floodway Zone AE - Floodfringe Zone A - No Base Flood Elevations Other Flood Areas - Zone X 0.2 % Chance Annual Flood Hazard Area Protected By Levee µ

15 Shoreland Overlay Map Attachment State Hwy 83 Le Sueur River Le Sueur River Proposed Elder Care Unit (30' x 20') Protected Stream Shoreland District Parcel ³ ,060 Feet

16 Blue Earth County Current Effective and Preliminary FEMA 1% Floodplain with Estimates of 1% Chance Annual Base Flood Elevations DNR Floodplain Review Attachment A Ineffective Flow Dashed Line Legend Revised Preliminary 100 Floodplain Effective 100 Floodplain Estimated 1% Water Surface Elevations Map Prepared by DNR staff 3/28/2019 Elevations in NAVD 88

17 Environmental Health Review Attachment A-8