WASECA COUNTY BOARD OF ADJUSTMENT MEETING July 9, :00 p.m. WASECA COUNTY EAST ANNEX AGENDA

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1 To navigate thru agenda, click on the bookmark icon on the left hand side to open bookmarks/links WASECA COUNTY BOARD OF ADJUSTMENT MEETING July 9, :00 p.m. WASECA COUNTY EAST ANNEX AGENDA 1. CALL TO ORDER/ESTABLISH A QUORUM 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES June 4, 2015 (in process) 4. VARIANCE REQUESTS PUBLIC HEARINGS Dale R. and Dixie L. Johannsen request variance of 10 from sideyard setback requirement of 20 to construct a proposed 30 x40 detached garage in the west frontyard. Located in the Village Mixed Use District of Section 1, Wilton Township in the former Village of Wilton, T106N R023W 5. MISCELLANEOUS 6. ADJOURNMENT AGENDAS AND ATTACHMENTS CAN ALSO BE FOUND ON THE COUNTY WEBSITE AT 1

2 WASECA COUNTY BOARD OF ADJUSTMENT PUBLIC HEARING ON VARIANCE REQUEST July 9, :00 P.M. Property Address: Wilton Bridge RD Waseca, MN Applicants: Dale R. and Dixie J. Johannsen Figure 1. Aerial view of Johannsen residence REPORTED BY: Hannah Neigebauer Planning and Zoning Intern Figure 2. Proposed location where garage is to be built ATTACHMENT A Staff prepared criteria response ATTACHMENT B -- Full legal description ATTACHMENT C Application Information Page 1 of 15

3 Applicant: Dale R. and Dixie L. Johannsen Property Address: Wilton Bridge RD, Waseca, MN Township Name: Wilton Township Parcel Identification #: Date of application: June 11, days: August 10, days: October 9, 2015 Figure 3. Johannsen residence VARIANCE REQUEST: The Johannsens are requesting a variance to construct a 30 x 40 detached steel garage 10 feet from the western boundary of the property line in Wilton Township T106N R023W, Sec 1, in NW 1/4 of SW 1/4. The standard side yard setback for an accessory structure is 20 feet in a Village Mixed Use District. Page 2 of 15

4 COMPREHENSIVEE PLAN: Village Mixed Use Figure 4. Comprehensive Map SITE ZONING DISTRICT: The Zoning Map contained within the Uniformed Development Code for Waseca County places the property withinn the Village Mixed Use Zone. Stream Overlay Village Mixed Use Trinity Lutheran Church Figure 5. Waseca County Zoning Map of Wilton Township = Site = Feedlot Page 3 of 15

5 Article 6 Zoning District Regulations Section 21 VMX Village Mixed Use District Standards 4. Dimensional Standards. Development within the Village Mixed Use District shall be subject to the following minimum dimensional standards: a) Lot area: (i) Single family dwelling- 30,000 square feet or additional area as necessary to provide adequate on-site wastewater treatment, as regulated by the Waseca County SSTS standards (ii) Other principal permitted and conditional uses- 1 acre minimum or as specified by conditional use permit (iii) No minimum lot area required for utilities, public uses, and communication towers except as otherwise required b) Minimum lot width 75 feet c) Minimum setbacks from property or road right-of-way lines, principal structures: (i) Front yard-35 feet (ii) Side yard-20 feet (iii) Rear yard-30 feet d) Minimum setbacks from property or road right-of-way lines, accessory structures: (i) Front yard- Same as principal structures (ii) Side yard- 20 feet (10 feet if structure is 100 square feet or less in area and no greater than 14 feet in sidewall height) (iii) Rear yard- 20 feet (10 feet if structure is 100 square feet or less in area and no greater than 14 feet in sidewall height) e) Minimum setbacks, windbreaks and trees (i) Road right-of-way of less than 100 feet- 20 feet from right-of-way (ii) Road right- of- way of 100 feet or greater- 15 feet from right-of-way (iii) From side or rear parcel boundary -10 feet for windbreaks consisting of shrubs and 20 feet for trees, as defined (iv) Side or rear windbreak and tree setbacks may be reduced or eliminated by agreement of adjoining property owners when the agreement is filed with the Zoning Administrator and recorded by the County Recorder of Deeds f) Maximum impervious coverage- 50% of lot area g) Maximum height for all structures except agricultural structures, utilities and communication or wind towers - 35 feet ADJACENT USES: The site is in the historic plat of Wilton. The LeSueur River watershed is 720 feet from the northeast corner of parcel Trinity Lutheran Church is 0.5 miles south of the site on W Wilton River Road (County Road 23). The closest feedlot is to the northwest of the property around 0.3 miles away. There are two feedlots to the southeast and southwest roughly 1/2 mile away. Page 4 of 15

6 Figure 6. Ten neighboring residences within 500 feet of the Johannsen property and five Wilton Township officers received notices about the variance. CURENT LAND USES: The current site is on Wilton Bridge Road in Wilton Township. It is zoned Village Mixed Use with a residence on the property and neighbors directly north and east. There is a neighboring residence across the road to the south west. Directly to the west and south is zoned A-1 Agricultural. Past Road Uses: In January of 1969, the village of Wilton vacated several roads for public easements. The roadways, streets, alleys, and Public Square were terminated and the Petitioners according to their respective interests were to take care of them. The only road still remaining from that time period is 318 th Avenue that connects to Wilton Bridge Road from both ends. This can be found on Deed Records Book 57, pages Page 5 of 15

7 Vacated Road 318 th Ave Vacated Road Figure 7. Image of vacated roads in the old Village of Wilton PROPOSAL: Dale and Dixie Johannsen would like to build a new detached steel garage in the west corner of their front yard to storee various items and utilize as a personal shop. They are proposing to have a 10 foot setback instead of the required 20 feet in order to place the garage in the desired location. The only alternate location would be to the east of the house. However, three large trees would need to be cut down and the ground isn t level as it slopes down several feet.. This would create additional impervious surface coverage. They wouldd also need to extend the driveway to the opening of the garage. SURVEY REQUIREMENT: The applicant s parcel is part of a platted subdivision of Wilton. Many of the roadways in Wilton have been vacated. Because of the drive location, the applicant wants to locate the new accessory structure in the front yard of the property. The property corners (pins) along the west side of the site need to be located to determine the location of the west line and where the right-of-way is located. If the corners cannot be found, a survey will be required. Page 6 of 15

8 Figure 8. Photograph of the alternate location with the three large trees Figure 9. Staff prepared site plan for detached garage IMPERVIOUS SURFACE COVERAGE Wasecaa County Code allows 50% impervious surface coverage. Page 7 of 15

9 ISSUES WITH THIS REQUEST: Applicant requested use of the site plans prepared by staff for the variance request No survey was submitted because the applicant indicated that they could find the property corners. STAFF RECOMMENDED CONDITIONS This request involves a variance to allow a setback of 10 feet instead of 20 feet for the construction of a new detached steel garage. Staff is of the opinion that the Board of Adjustment could approve this variance if they feel the proposed project meets the criteria for approval for this variance. Staff recommends approval of the request based upon the site plans provided by staff and subject to the following conditions: 1. Survey. If the property owner can locate the surveyed property corners (monuments or pins), no survey will be required. If the surveyed property corners cannot be located, a licensed Minnesota Land Surveyor will need to locate the lot corners and replace the pins. The applicant must provide this information to the Waseca County Planning & Zoning Department prior to installation of the new accessory structure. The new structure location must be accurately measured from the pins or survey line as stated before a Zoning Permit can be issued. 2. If any of the surveyed property corners (monuments or pins) are removed during construction, they must be replaced following the completion of the work. Page 8 of 15

10 ATTACHMENT A STAFF PREPARED CRITERIA RESPONSE FINDINGS OF FACT SUPPORTING/DENYING AN AREA VARIANCE The Board of Adjustment should also weigh each of the criteria when deciding whether the Variance Application should be granted: a) Is the request a substantial variation from the intent of the zoning ordinance? Yes No_x_ Why: The variance would reduce the side yard setback from 20 feet to 10 feet, reducing it in half. There is limited space to find a different location for the detached garage on this parcel of land. b) Will the request have an adverse effect on the density of the area and will it have an impact on governmental services? Yes No x Why: Since there is no new residence being built there won t be an increased need for public services such as transportation or health services. The garage will just be used for the owner s personal use. c) Will the requested variance effect a substantial change in the character of the neighborhood or will it result in a substantial detriment to neighboring properties? Yes No x Why: The variance will give the property a more balanced appearance and the colors will match the house. Many other neighbors have detached garages so the appearance of the neighborhood shouldn t change. d) Is there another feasible method to alleviate the need of a variance? (economic considerations alone do not constitute practical difficulties) Yes No x Why: An alternate site would require removing three large trees and installing another driveway. The ground to the east of the house isn t level. The proposed location is the only reasonable position for the new garage without causing more impervious surfaces and taking away natural resources. e) How did the need for a variance arise; did the landowner create the need for the variance? Is the plight of the landowner due to circumstances unique to the property itself and not created by the landowner? Yes x No Why: The landowner wants to build a detached garage that can be utilized as a storage and personal shop building. The position of the house, driveway, and mound system location limits other options to place the garage. Page 9 of 15

11 f) Whether, in light of all of the above factors, will allowing the variance serve the interests of justice? Yes _x No Why: Justice will be served due to the fact that the project will be user friendly to the owner and aesthetically pleasing to the neighborhood. Page 10 of 15

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