MINNETONKA PLANNING COMMISSION July 31, 2014

Transcription

1 MINNETONKA PLANNING COMMISSION July 31, 2014 Brief Description A conditional use permit for an accessory structure, at 4038 Williston Rd., exceeding 12 feet in height. Recommendation Recommend the city council adopt the resolution approving the request. Project Number Property Applicant Proposal 4038 Williston Road, property owner The applicant is proposing to increase the height of an existing detached garage to 15.5 feet. As proposed, the detached garage would match the architecture of the existing home. The proposed addition would provide additional storage space for when the second accessory structure is removed. To comply with the ordinance, the applicant is proposing to remove another detached buildings from the property. (See narrative and plans on pages A1-A4.) Proposal requirements This proposal requires: Conditional Use Permit: Accessory structures exceeding 12 feet in height are conditionally permitted uses within residential zoning districts. Approving Body The planning commission makes a recommendation to the city council, which has the final authority to approve or deny the request. (City Code ) Staff Analysis Staff finds the applicant s request reasonable for several reasons: (1) The proposal would meet the general and specific conditional use permit standards for an accessory structure exceeding 12 feet in height.

2 Meeting of July 31, 2014 Page 2 Subject: CUP, 4038 Williston Road Staff recommendation (2) The property owner is not proposing any additional garage/storage space than what currently exists on the property. The applicant is proposing the additional height to accommodate in one garage storage area that currently occurs in two detached garages on the property. (3) By ordinance, one detached garage is permitted as an accessory structure on residential properties. (4) The detached garage is 90 feet from the front property line adjacent to Williston Road and would be architecturally consistent with the existing home. Recommend the city council adopt the resolution on pages A5-A8. This resolution approves a conditional use permit for an accessory structure with a building height of 15.5 feet at 4038 Williston Road. Originator: Ashley Mellgren, Planning Technician Through: Susan Thomas, AICP, Principal Planner

3 Meeting of July 31, 2014 Page 3 Subject: CUP, 4038 Williston Road Supporting Information Surrounding Land Uses Planning Site features and site history Properties to the north, east, south, and west are zoned R-1 and guided for low density residential. Guide Plan designation: Low density residential Zoning: R-1 The subject property is 27,200 square feet in size. According to city records, the property was improved with a single family home in The property slopes from the north to the south with an overall grade change of about 14 feet between side property lines. Currently, the property has two, detached two-car garages located to the north and west of the house. In 2008, the property owner applied for a front yard setback variance for a proposed two-story addition on the north side of the home. The addition would have consisted of additional living space, storage space, and an attached garage. The variance was approved but the addition was never constructed. (See plan and minutes on pages A10-A12.) Between Minnetonka Boulevard and Excelsior Boulevard, Williston Road has a minimum 50 foot front yard setback. The existing home has a legally non-conforming front yard setback of 39 feet. The proposed addition meets all minimum setback requirements. CUP Standards The proposal would meet the general conditional use permit standards as outlined in City Code Subd.2: 1. The use is consistent with the intent of this ordinance; 2. The use is consistent with the goals, policies and objectives of the comprehensive plan; 3. The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements; and 4. The use does not have an undue adverse impact on the public health, safety or welfare. The proposal would meet the general conditional use permit standards as outlined in City Code Subd.3(f):

4 Meeting of July 31, 2014 Page 4 Subject: CUP, 4038 Williston Road 1. Side and rear setbacks equal to the height of the structure or 15 feet, whichever is greater; Finding: The proposal complies with this standard. The applicant is proposing to increase the height of the structure to 15.5 feet. The garage has an existing setback from the northerly side property line of 22 feet. The westerly rear yard setback is 80 feet. 2. No additional curb cuts to be permitted; Finding: The applicant is not proposing any additional curb cuts. Currently, the property owner accesses the accessory structures on the property from the existing driveway. However, staff has included this as a conditional of approval. 3. Not to be used for commercial activities; Finding: The applicant is proposing to increase the height of the structure to accommodate additional storage space once the second accessory structure is removed. In order to preserve the character of the existing neighborhood, this has been included as a condition of approval. 4. Structure to be architecturally consistent with the principal structure; Finding: The applicant s proposal is consistent with the architecture of the existing home. 5. Landscaping to be required to buffer views when the structure is highly visible from adjoining properties; and Finding: This has been included as a condition of approval. 6. Site and building plan subject to review pursuant to section of this ordinance. Finding: The proposal does not require site and building plan review. However, staff finds that the applicant s proposal would comply with all site and building plan standards.

5 Meeting of July 31, 2014 Page 5 Subject: CUP, 4038 Williston Road Natural Resources Approving Body Motion options Best management practices must be followed during the course of site preparation and construction activities. This would include installation and maintenance of a temporary rock driveway, erosion control, and tree protection fencing. As a condition of approval the applicant must submit a construction management plan detailing these management practices. The planning commission makes a recommendation to the city council, which has the authority to approve or deny the request. The planning commission has three options: (1) Concur with staff s recommendation. In this case a motion should be made to approve the proposal based on the findings outlined in the staff-drafted resolution. (2) Disagree with staff s recommendation. In this case a motion should be made recommending denial of the proposal. The motion should include findings for denial. (3) Table the request. In this case, a motion should be made to table the item. The motion should include a statement as to why the request is being tabled with direction to staff, the Neighborhood Comments The city sent notices to 34 area property owners and has received no comments to date. Deadline for October 8, 2014 Decision

6 WOODS WAY DEVEAU PL CARDINAL RD ORCHARD RD VICTORIA ST MARGARET PL WOODHAVEN RD EVERGREEN DR SKYVIEW CIR HIGHLAND RD MCKENZIE BLVD THOMAS AVE WALKER PL SPRING LAKE RD OAKWOOD RD IDYLWOOD RD WOODHILL RD Subject Property OAKWOOD RD SKYVIEW RD SKYVIEW DR BELVOIR DR LAKE STREET EXT RED OAK RDG LENNELL DR EVELYN LN WILLISTON RD RICHARDS DR WOODHILL TER WOODHILL RD PRINCE PL CORONET DR KINGS DR COURT RD MANOR COURT RD WOODSIDE LN WOODS EDGE WILDCREST RD HIGHWAY 7 Location Map Project: Reinhold, Daniel Address: 4038 Williston Rd () ± A1 This map is for illustrative purposes only.

7 o\ mimietoiifca Where quality is our nature Conditional Use Permit c ^ J cp/f c>f Property Address Parcel ID Number PROPERTY INFORMATION OWNER INFORMATION Owner Name 0 v\ WcA ci Owner Address Owner Phone Owner Applicant Name Applicant Address Applicant Phone Applicant APPLICANT INFORMATION IB] 1 g[el 1? r i l l j l j f e j " ^KT-^txk''^ y\vvv<l^ S'\'OV^^y^ S^'SiC'^ Cc. Sf ± kv oiy^ E C E 1^ JUN OWNER'S STATEMENT I am the owner of the above described property and I ac ing this application, certify that all fees, charges, utility bills, taxes, special assessments and other debts or obligations due to the city by me or for this property have been paid. I further certify that I am in compliance with all ordinance requirements and conditions regarding other city approvals that have been granted to me for any matter, (If the owner is a corporation or partnership, a resolution authorizing this action on behalf of the board or partnership must be attached.) / tc7/ I ^ Signature Date APPLICANT'S STATEMENT This application should be processed in my name, and I am the party whom the city should contact about this application. 1 have completed all of the applicable filing requirements and, to the best of my knowledge, the documents jments and information I have submitted are true and correct. G / Y Signature Daniel Date Reinhold A2

8 Height increased on existing garage Garage to be removed A3

9 Proposed height of 15.5 feet A4

10 Resolution No Resolution approving a conditional use permit for an accessory structure exceeding 12 feet in height at 4038 Williston Road Be it resolved by the City Council of the City of Minnetonka, Minnesota, as follows: Section 1. Background has requested a conditional use permit to increase the height of an existing accessory structure to 15.5 feet. (Project.) The property is located at 4038 Williston Road. It is legally described as: Lot 4 and part of Lot 11, lying East of the West feet thereof, Block 1, FIRST SUMBDIVISION WILLISTON PARK ACRES, HENNEPIN COUNTY, MINNESOTA 1.03 On July 31, 2014, the planning commission held a hearing on the proposal. The applicant was provided the opportunity to present information to the planning commission. The planning commission considered all of the comments received and the staff report, which are incorporated by reference into this resolution. The commission recommended that the city council approve the permit. Section 2. General Standards City Code Subd. 2 outlines the following general standards that must be met for granting a conditional use permit: 1. The use is consistent with the intent of this ordinance; 2. The use is consistent with the goals, policies and objectives of the comprehensive plan; A5

11 Resolution No Page 2 3. The use does not have an undue adverse impact on governmental facilities, utilities, services or existing or proposed improvements; and 4. The use does not have an undue adverse impact on the public health, safety or welfare. Section 3. Specific Standards City Code Subd. 3(f) outlines the following specific standards that must be met for granting a conditional use permit for detached garages in excess of 12 feet in height: 1. Side and rear setbacks equal to the height of the structure or 15 feet, whichever is greater; 2. No additional curb cuts to be permitted; 3. Not to be used for commercial activities; 4. Structure to be architecturally consistent with the principal structure; 5. Landscaping to be required to buffer views when the structure is highly visible from adjoining properties; and 6. Site and building plan subject to review pursuant to section of this ordinance. Section 4. Findings The proposal meets the general conditional use permit standards outlined in City Code Subd The proposal meets the specific conditional use permit standards outlined in City Code Subd. 3(f). 1. The applicant is proposing to increase the height of the structure to feet. The garage has an existing setback from the northerly property line of 22 feet. The westerly rear yard setback is 80 feet. 2. No additional curb cuts are proposed. A6

12 Resolution No Page 3 3. The applicant intends to use the additional space for storage. To ensure preservation of the existing neighborhood character, a condition of approval has been included to prevent a commercial use of the space. 4. The applicant has designed the garage to be architecturally consistent with the existing house. 5. Landscaping to buffer views from adjacent properties has been included as a condition of approval. 6. Site and building plan review is not required for the proposal. However, staff does find that the proposal would comply with all site and building plan review standards. Section 5. City Council Action The above-described conditional use permit is approved, subject to the following conditions: 1. Subject to staff approval, the property must be developed and maintained in substantial conformance with the following plans: Site plan received June 10, 2014 Building elevations and plans received June 10, Prior to issuance of a building permit: a) This resolution must be recorded with Hennepin County. b) Submit for staff review a landscaping plan. This plan must buffer views of the proposed addition from adjacent properties. 3. No additional curb cuts are permitted on the property. 4. The accessory structure may not be used for commercial activity. 5. The city council may reasonably add or revise conditions to address any future unforeseen problems. 6. The westerly accessory structure must be removed within two months following the construction of the addition. A7

13 Resolution No Page 4 7. Any change to the approved use that results in a significant increase in traffic or a significant change in character would require a revised conditional use permit. Adopted by the City Council of the City of Minnetonka, Minnesota, on August 25, Terry Schneider, Mayor Attest: David E. Maeda, City Clerk Action on this resolution: Motion for adoption: Seconded by: Voted in favor of Voted against: Abstained: Absent: Resolution adopted. I hereby certify that the foregoing is a true and correct copy of a resolution adopted by the City Council of the City of Minnetonka, Minnesota, at a meeting held on, David E. Maeda, City Clerk A8

14 2008 variance approval A9

15 SITE PLAN PROPOSED ADDITION 47' 39' A10

16 A11

17 A12