ROCHESTER-OLMSTED PLANNING DEPARTMENT 2122 Campus Drive SE, Suite 100, Rochester, MN 55904-4744 www.co.olmsted.mn.us/planning Phone 507 328-7100 Fax 507 328-7958 TO: FROM: Oronoco Town Board/Board of Adjustment Kristi Gross, AICP, CFM, Planner DATE: April 25, 2016 RE: Variance Request #O2016-001VAR Planning Department Review: APPLICANT/OWNER PROPERTY ADDRESS LEGAL DESCRIPTION: ZONING: REFERRAL AGENCY COMMENTS: Thomas DeMarino Jr and Diane DeMarino No Address: XXX 4 th Ave NW SECT-14 TWP-108 RANGE-014 NORTON AND ARMSTRONG 10.80 AC BLK 3 R-1 (Low Density Residential) Zoning District/A-3 Agricultural District See attached ANALYSIS: The applicant is proposing to construct a 2016 square feet (36 x 56 ) detached accessory structure for the storage of personal equipment. The proposed storage shed will have a front yard setback of 106 feet from 4 th Ave NW and 30 side street yard setback to Tennis Ln NW and will have an interior side setback of 60 feet. The lot is ten (10) acres. It is comprised of an agricultural field and wooded hillside. The wooded hillside is the portion that is zoned A-3, the field is zoned R-1. This area is all part of Norton and Armstrong Subdivision, and the portion zoned R-1 was listed as blocks 11, 6 and 3, and the A-3 is over blocks 13, 15, and 5, which were mostly larger (than the R-1) lots. All of the R-1 lots were 40 wide by 120 long. The three blocks had a total of 44 lots on 4.8 acres which was a density of approximately nine (9) homes per acre. Because the building is located on the property zoned residential a variance is required for both the size of the structure and the fact that it will be constructed on a property prior to the construction of a primary residence. The applicant has indicated he has plans to build a dwelling in five years. The applicant has stated that the building would be used to support the agricultural activities on the site such as machine and firewood storage. Recycled paper recyclable Development Review: County Building/Well/Septic, Permitting & Zoning Geographic Information Systems: Addressing, Data & Mapping Land Use & Transportation: Planning, Policy & Analysis AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 2 OR2016-001VAR April 25, 2016 According to Section 10.22 Accessory buildings: A. Accessory Building Regulations Applicable to all Zoning Districts: 1. No Accessory building shall be constructed or developed on a lot prior to the construction of the principal building. B. Accessory Building Regulations Applicable to the RSD, R-1, and R-2, ARC Residential Area Districts and Non-Farm Parcels in the A-4 District: 1. In the R-1, ARC Residential Area, and RSD Districts, accessory buildings may be located in the buildable area or within the rear yard. In the case of an accessory building located in the rear yard, such building may be located not less than five (5) feet from an interior side lot line and not less than eight (8) feet from a rear lot line. The maximum cumulative gross floor area (measured on the largest floor and including interior parking spaces) for accessory structures shall be according to the following schedule: For lots with a lot area of two (2) acres or greater -- fifteen hundred (1,500) square feet. The applicant is requesting: A variance of 516 square feet to 2016 square feet from the maximum 1500 square feet for accessory structures within the R-1 (Low Density Residential) Zoning District. A variance to allow the construction of an accessory building on a lot prior to the construction of the principal building. PLANNING DEPARTMENT STAFF SUGGESTED FINDINGS: EXCEPTIONAL CIRCUMSTANCES: There does appear to be exceptional or extraordinary circumstances that would apply to this parcel of property that would not apply generally to other property in the same zoning district or vicinity. The property consists of 10 acres and is split zoned. Half of the property is a field, and the other half a hillside. The property owner s current dwelling is located across 4 th Ave NW from the proposed garage location. The property owner s current property does not have sufficient area to support the building and currently contains a detached accessory building. The building would meet zoning requirements if built on the A-3 zoned part of the parcel, except the topography of the land is a limiting factor in siting it in that location. PRESERVATION OF PROPERTY RIGHTS: The granting of this variance request does not appear to be necessary to preserve the applicant s property right to use his property. The property currently has cropland and woodland on it and the applicant is able to utilize the property for continued agricultural uses. However the proposed building would allow the storage of machinery used for agricultural purposes. ABSENCE OF DETRIMENT: The granting of this variance request would not appear to be of substantial detriment to the adjacent property owners. The request should not have any detrimental Recycled paper recyclable Development Review: County Building/Well/Septic, Permitting & Zoning Geographic Information Systems: Addressing, Data & Mapping Land Use & Transportation: Planning, Policy & Analysis AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
Page 3 OR2016-001VAR April 25, 2016 effects on the adjacent property owners. The granting of this variance request would not be detrimental to the Oronoco Township Zoning Ordinance. GENERAL NATURE: This variance request would not appear to be general or recurrent in nature to require an amendment to the zoning ordinance. The lot characteristics, property being split by two zoning districts make the request unique to this parcel of land and would not appear to be general or recurrent. MINIMUM VARIANCE: The minimum variance that would be necessary to alleviate the alleged hardship would be a variance of 516 square feet to 2016 square feet from the maximum 1500 square feet for accessory structures within the R-1 (Low Density Residential) Zoning District and to allow the building to be built prior to the building of a residence. SUGGESTED CONDITIONS If the Board finds that the request is in conformance with the criteria for granting a variance as found in section 4.08 or agrees with the suggested findings as stated above and decides to grant the request for a variance of 516 square feet to 2016 square feet from the maximum 1500 square feet for accessory structures within the R-1 (Low Density Residential) Zoning District and the variance to allow the accessory building to be built prior to the building of a residence as required by the Oronoco Township Zoning Ordinance, planning staff would recommend the following condition: 1. A building permit/zoning certificate must be issued for the building prior to construction of the structure. 2. Building uses must consist only of personal uses related to this property. Attachments: 1. Copy of Application and submittals 2. Copy of Site Location Map, Notification Area, and Aerial Photo. 3. Referrals. 4. Copy of Findings Needed for Granting a Variance. Recycled paper recyclable Development Review: County Building/Well/Septic, Permitting & Zoning Geographic Information Systems: Addressing, Data & Mapping Land Use & Transportation: Planning, Policy & Analysis AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
3 Ave NW Aerial Map of Oronoco Township Variance request #OR2016-001VAR by Thomas Demarino Jr. to allow an accessory building to be built prior to a primary residence in the R-1 (Low Density Residential) district. The property is located at the corner of Tennis Lane NW, 4th Avenue NW, 105 Street Riverbend Ln NW 3 Ave NW Kings Park Rd NW 4 Ave NW SITE Tennis Ln NW 105 St NW Legend Centerlines OR2016_001VAR_ROWparcels 0 125 250 500 Feet OR2016_001VAR_Parcel Parcels This map prepared by the GIS Division, Rochester-Olmsted County Planning Department. Olmsted County is not responsible for µ ommissions or errors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester- Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 328-7100. Map Date: 3/31/2016
500 ft. Notification Area of Oronoco Township Variance request #OR2016-001VAR by Thomas Demarino Jr. to allow an accessory building to be built prior to a primary residence in the R-1 (Low Density Residential) district. The property is located at the corner of Tennis Lane NW, 4th Avenue NW, 105 Street Cedar Beach Dr N W 11 Ave NW Riverbend Ln NW River Hill Ct NW Kin gs Park Rd NW 4 Ave NW 3 Ave NW 3 Ave NW 105 St NW SITE 14 Ave NW 102 St NW 0 500 1,000 2,000 Feet Carey Ct NW Thunderbluff Rd NW Windermere Ct NW Legend Centerlines OR2016_001VAR_ROWparcels OR2016_001VAR_Parcel OR2016_001VAR_500ft_buffer Parcels This map prepared by the GIS Division, Rochester-Olmsted County Planning Department. Olmsted County is not responsible for µ ommissions or errors contained herein. If discrepancies are found within this map, please notify the GIS Division, Rochester- Olmsted County Planning Department, 2122 Campus Drive SE, Rochester, MN 55904, (507) 328-7100. Map Date: 3/31/2016
ha Referral Agency Comments Application No: OR2016-001VAR 3/30/2016 County Public Works There are no comments from this agency at this time. 4/14/2016 Fire Department There are no comments from this agency at this time. 3/31/2016 Inspections - Building Code see note 3/30/2016 Inspections - Building Code For the owner: Please provide site development to assure proper setbacks and separations. ( show locations for residence, well, septic treatment areas and accessory storage building ). Five year delay in the building of residence is much longer than previous agreements Usually the agreements were 6 month to one year. A plan for the residence will go to the design of the septic size and possibly the type, to show the driveway ( avoid compaction of future septic treatment areas and addressing) and other features that should be considered for site development (utility and roadway right-a-way / easements, fire separations / construction, etc.). 4/1/2016 LGU No comments regarding wetlands. 4/25/2016 1:23:51 PM Page 1 of 1
From: To: Subject: Date: Langer, Skip - NRCS-CD, Rochester, MN Davis Beth RE: Request for Comments #OR2016-001VAR Thomas Demarino Jr. Wednesday, March 30, 2016 5:40:12 PM There are no hydric soils on this parcel. The proposed buildings and septic will be constructed on what has been historically cropland for at least 25 years according to aerial photo review. No SWCD issues. Thanks, Skip OSWCD From: Davis Beth [mailto:davis.beth@co.olmsted.mn.us] Sent: Wednesday, March 30, 2016 1:15 PM To: Langer, Skip - NRCS-CD, Rochester, MN <Skip.Langer@mn.nacdnet.net> Subject: RE: Request for Comments #OR2016-001VAR Thomas Demarino Jr. Attached is the entire referral which should give you the requested information. Beth A Davis, Clerk Specialist II Rochester-Olmsted Planning Department 2122 Campus Drive SE #100 Rochester MN 55904 507-328-7100 _*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_*_ To sign up for email notifications of all City of Rochester public meetings click HERE and select Register in the upper right. Far Better It Is To Dare Mighty Things, To Win Glorious Triumps, Even Though Checked By Failure, Than To Take Rank With Those Poor; Spirits Who Neither Enjoy Much Nor Suffer Much, Because They Live In The Grey Twilight That Knows Not Victory Nor Defeat Theodore Roosevelt From: Langer, Skip - NRCS-CD, Rochester, MN [mailto:skip.langer@mn.nacdnet.net] Sent: Wednesday, March 30, 2016 12:41 PM To: Davis Beth <davis.beth@co.olmsted.mn.us> Subject: RE: Request for Comments #OR2016-001VAR Thomas Demarino Jr. Do you know the section number? From: Davis Beth [mailto:davis.beth@co.olmsted.mn.us] Sent: Wednesday, March 30, 2016 11:22 AM To: Andrew Dohrmann - MN Energy <AEDohrmann@minnesotaenergyresources.com>; boats500@aol.com; Campion Dawn <campion.dawn@co.olmsted.mn.us>; Corey Hanson (corey.hanson@dnr.state.mn.us) <corey.hanson@dnr.state.mn.us>; PW Service