HomeMy WebLinkAbout# 20 5699 Keats Ave Condition Use PermitMAYOR AND COUNCIL COMMUNICATION
DATE: 10/18/2016
REGULAR
ITEM #: 20
AGENDA ITEM: Conditional Use Permit Request for an additional accessory structure - 5699
Keats Avenue North.
SUBMITTED BY: Emily Becker, City Planner
THROUGH: Kristina Handt, City Administrator
REVIEWED BY: Stephen Wensman, Planning Director
BACKGROUND:
Rodney and Diane Sessing have requested a conditional use permit for an additional accessory
structure for the property located at 5699 Keats Avenue North. The subject property is located in the
Rural Residential zoning district and is 11.87 acres, or 517.057.2 square feet. There currently exists
one 2448 square-foot accessory structure on the property. Per Section 154.406: Accessory Structures,
Rural Districts, Subd. A: Size and Number, of the Zoning Ordinance, the property is allowed up to
two accessory buildings totaling 2500 square feet. However, the Section also provides that additional
accessory buildings may be considered in A and RR zones via a conditional use permit. The
applicant is requesting a conditional use permit for an additional 2400 square-foot accessory
structure.
ISSUE BEFORE COUNCIL:
The Council is respectfully requested to consider a request for a Conditional Use Permit for an
additional accessory structure for the property located at 5699 Keats Avenue North, zoned Rural
Residential.
PROPOSAL DETAILS/ANALYSIS:
Proposal Details:
• According to the applicant, the subject property was part of a larger parcel on which a family farm
operated since at least 1972. The applicant’s property and neighboring property at 5671 Keats
Avenue were split from this farm in 1989.
• According to the applicant, the property is being used for agricultural purposes, and the applicant
claims that additional storage is needed for that purpose.
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o The narrative explains there are six 650-foot rows of raspberries, pumpkins, squash, and
vegetables.
o The property’s tax description classifies the use as Agricultural.
o The applicant expresses desire to expand the farm, and the additional accessory structure
is being requested in order to accommodate more storage for additional equipment and
produce, as well as a place to house the addition of chickens and milking goats.
Planning and Zoning Issues:
• Rural District Accessory Building Size and Number Restrictions. The Zoning Code restricts
the number and size of permitted accessory structures in rural zoning districts based on the
size of the property. The following table details what is permitted:
Lot Size
Maximum Structure Sizea
(square feet)
No. of
Permitted Bldgs
under 1 acre 1,200b 1
1 - 2 acres 1,200 1
2 – 5 acres 1,300 1
5 – 10 acres 2,000 2
10 – 15 acres 2,500 2
15 – 20 acres 3,000 2
20 – 40 acres 4,000 2
40+ acres Unregulatedc Unregulatedc
o Because the subject property is located in a rural zoning district and is 11.87 acres in
size, it is allowed up to 2 accessory structures totaling 2500 square feet in size.
• Additional Accessory Buildings. The Code also states that allowances for additional
accessory buildings in A and RR zones may be considered via conditional use permit for
agricultural purposes. This request is being processed as such. This provision of the Zoning
Code was added to an accessory structure ordinance amendment approved in 2014.
Previously, similar requests have been processed as variances.
• Existing Storage. The property currently has one detached accessory structure, as mentioned,
that is 2448 square feet in size. Additionally, according to the applicant, there are two
attached garages that are 22 feet by 22 feet and 18 feet by 36 feet in size, totaling 1132 square
feet. Attached garages are not considered accessory structures, and so are not regulated in the
accessory structure ordinance for a property of this size. The applicant has told Staff that
personal vehicles are stored in these attached garages.
• Permitted Uses in Rural Residential Zoning District. The following are permitted uses in the
Rural Residential Zoning District: single-family detached dwelling; parks and open areas;
and agricultural production. The Zoning Code defines agricultural production as
“establishments engaged in the production of crops, plants or vines, including agro forestry,
or establishments which are engaged in the keeping, grazing, or feeding of livestock for sale,
value increase, or livestock increase.” The applicant proposes to construct the additional
accessory building to store equipment, produce and live animals related to a farming
operation. As such, the proposed use is permitted. The conditional use of an accessory
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structure in addition to what would normally be allowed on a property for agricultural use is
appropriate in this circumstance with farming use.
• Other Zoning Requirements for Accessory Buildings. The proposed location of the accessory
structure will far exceed all minimum required setbacks from property lines. The structure
will need to meet all other requirements for accessory structures.
• Surrounding Lots. The property to the east is currently being farmed, although a Final Plat
application is expected, and if approved, an Open Space Preservation Development will exist
on the property. A Residential Estate Development is located to the west of the property.
o The applicant has also noted a number of surrounding parcels on which he perceived
comparable accessory structures are located:
The property to the north of the subject parcel also engages in farming
operations and was granted a variance from the size and number restrictions
on accessory structures in 2011. This parcel is similar in size to the subject
parcel.
A 2400 square-foot barn exists on the 6.5 acre parcel to the south of the
subject property, which would not be allowed without a special permit or
variance today.
A property to the southwest of the subject parcel is around five acres in size
and has a 2160 square foot barn; which also would not be allowed today
without a special permit or variance.
Additionally, a property to the northwest of the parcel was granted a variance
to re-construct a 3800 square-foot accessory structure in the floodplain that
did not meet maximum size requirements.
• Development Standards. The Zoning Code states that additional accessory structures are
allowed in the A – Agricultural and RR – Rural Residential zoning districts but does not
provide any specific development standards to adhere to. As such, Staff does have concern
that there are a number of properties that may make this same request. A map has been
provided in this packet to show the number of properties that are zoned Agricultural or Rural
Residential and are under 40 acres and so are subject to accessory structure size and number
limitations; these properties could all potentially apply for a conditional use permit for an
additional accessory structure.
Conditional Use Permit Findings:
• Conditional Use Permit findings are provided in the attached Resolution.
Conditions:
• The recommended conditions of approval are outlined in the attached Resolution.
FISCAL IMPACT:
Staff does not foresee a fiscal impact by granting this Conditional Use Permit.
PLANNING COMMISSION/PUBLIC HEARING:
A public hearing was held on the proposed Conditional Use Permit at the October 10, 2016 Planning
Commission meeting. The meeting minutes are attached to this report. No one from the public spoke at the
meeting. The applicant spoke, describing agricultural operations on the site and expressing the desire for
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the building to not have to come down if the agricultural use goes away. The Commission recommended
approval with an affirmative vote of 6 - 0.
OPTIONS:
The Council may:
• Approve the Conditional Use Permit request and recommended conditions of approval.
• Amend the recommended conditions of approval and approve the Conditional Use Permit request.
• Deny the Conditional Use Permit amendment request.
RECOMMENDATION:
Staff respectfully requests that the Council approve, as recommended by the Planning Commission and
Staff, the request made by Rod and Diane Sessing for a Conditional Use Permit to allow an additional
accessory structure for the property located at 5699 Keats Avenue North, subject to outlined conditions of
approval with the following motion:
“Move to adopt Resolution 2016-___, granting a Conditional Use Permit for an additional
accessory structure in the Rural Residential Zoning District for the property located at 5699
Keats Avenue North, subject to the outlined conditions of approval.”
ATTACHMENTS:
• Resolution 2016-092
• Application Form and Project Narrative
• Location Map
• Properties Zoned Agricultural or Rural Residential <40 Acres, subject to accessory structure size
and number limitations
• Planning Commission meeting minutes (10/10/16)
Resolution 2016-092 1
CITY OF LAKE ELMO
WASHINGTON COUNTY
STATE OF MINNESOTA
RESOLUTION 2016-092
A RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AN ADDITIONAL
ACCESSORY STRUCTURE FOR THE PROPERTY LOCATED AT 5699 KEATS AVENUE
NORTH
WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing
under the laws of the State of Minnesota; and
WHEREAS, Rod and Diane Sessing, 5699 Keats Avenue North, Lake Elmo, MN 55042,
(the “Applicant”) has submitted an application to the City of Lake Elmo (the “City”) for a
Conditional Use Permit to allow an additional accessory structure at the property located at 5699
Keats Avenue North (the “Property”); and
WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo
Zoning Ordinance, Section 154.102; and
WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter
on October 10, 2016; and
WHEREAS, the Lake Elmo Planning Commission has submitted its report and
recommendation to the City Council as part of a Staff Memorandum dated October 18, 2016,
2016; and
WHEREAS, the City Council considered said matter at its October 18, 2016 meeting.
NOW, THEREFORE, based on the testimony elicited and information received, the City
Council makes the following:
FINDINGS
1) That the procedures for obtaining said Conditional Use Permit are found in the Lake
Elmo Zoning Ordinance, Section 154.106.
2) That all the submission requirements of said Section 154.106 have been met by the
Applicant.
3) That Subd. B of Section 154.406: Accessory Structures, Rural Districts, provides that
additional accessory buildings may be considered in Agricultural and Rural Residential
zones via a conditional use permit.
Resolution 2016-092 2
4) That the proposed Conditional Use Permit is to allow an additional accessory structure in
a Rural Residential zoning district, at the property located at 5699 Keats Avenue North.
5) That the Conditional Use Permit amendment is granted for the property legally described
as follows and commonly known as 5699 Keats Avenue North:
PT NW1/4 BEING THE S 1125FT OF THE W 1100FT OF SD NW1/4 OF SEC 2 EXCEPT
THE W 660FT OF THE S 825FT THEREOF-SUBJ TO SUBJ TO EASE OVER W 33FT
FOR KEATS AVE EXCEPT: THE SOUTH 400 FEET OF THE EAST 440 FEET OF THE
WEST 1100 FEET OF THE NW1/4 OF SEC 2 Section 02 Township 029 Range 021. PID#:
02.029.21.23.0003
6) The proposed use will not be detrimental to or endanger the public health, safety, comfort,
convenience or general welfare of the neighborhood or the city.
The proposed use would not make a major impact on the property. The proposed accessory
structure would be located in an area that is of lower grade than the rest of the property
and is mostly screened from view from the street and adjacent properties.
7) The use or development conforms to the City of Lake Elmo Comprehensive Plan.
The proposal is consistent with the Comprehensive Plan in that the property is guided for
Rural Area Development. The Comprehensive Plan proclaims that “existing operating
agricultural uses and qualifying alternative uses that preserve the open space within the
community shall be supported. These uses shall be encouraged to continue operations and
to retain large land holdings that contribute to operating efficiency…the City shall
affirmatively establish and pursue specific strategies and seek resources to assist existing
agricultural uses in remaining a viable alternative to urbanization for landowners,
consistent with the concept of “a right to farm.””
8) The use or development is compatible with the existing neighborhood.
The use is compatible with the existing neighborhood, as similar accessory structures exist
on some surrounding properties. The additional accessory structure is not expected to
make a significant impact on the property.
9) The proposed use meets all specific development standards for such use listed in Article 7 of
this Chapter.
There are no specific development standards for additional accessory structures listed in
Article 7 of this Chapter. However, Article 5, Section 154.213 sets forth standards for
Accessory Buildings and Structures, Generally. Provided conditions are met, the porposed
accessory structure meets these standards.
10) If the proposed use is in a flood plain management or shoreland area, the proposed use meets
all the specific standards for such use listed in Chapter 150, §150.250 through 150.257
(Shoreland Regulations) and Chapter 152 (Flood Plain Management).
The property is located in an area of minimal flood hazard.
11) The proposed use will be designed, constructed, operated and maintained so as to be
compatible in appearance with the existing or intended character of the general vicinity and
will not change the essential character of that area.
Resolution 2016-092 3
The use of an additional accessory structure is not expected to change the essential
character of the area, as the area surrounding the Applicant’s property has historically
been used for active farming, and the proposed building will be located in such a manner
that it will not be directly visible from surrounding properties. Additionally, former farm
sites with multiple accessory buildings are not uncommon in this area.
12) The proposed use will not be hazardous or create a nuisance as defined under this Chapter to
existing or future neighboring structures.
The proposed parking lot expansion will not be hazardous or create a nuisance, as the
parking lot will accommodate an increase in attendance that the existing parking lot does
not.
13) The proposed use will be served adequately by essential public facilities and services,
including streets, police and fire protection, drainage structures, refuse disposal, water and
sewer systems and schools or will be served adequately by such facilities and services
provided by the persons or agencies responsible for the establishment of the proposed use.
The proposed accessory structure is claimed to be needed to store equipment, produce, and
animals. If used as proposed, the additional accessory structure would reduce exterior
storage of equipment on the property, possibly reducing a perceived nuisance.
14) The proposed use will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of the community.
The proposed use is expected to be served adequately by the aforementioned.
15) The proposed use will not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, Property or the general
welfare because of excessive production of traffic, noise, smoke, fumes, glare or odors.
The proposed use is not expected to create additional requirements at public cost or be
detrimental to economic welfare.
16) Vehicular approaches to the property, where present, will not create traffic congestion or
interfere with traffic on surrounding public thoroughfares.
The proposed use will likely create not create traffic congestion or interfere with traffic on
surrounding public thoroughfares, provided conditions are met.
17) The proposed use will not result in the destruction, loss or damage of a natural or scenic
feature of major importance. N/A
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Conditional Use Permit to allow an
additional 2400 square-foot accessory structure on the property located at 5699 Keats Avenue
North is granted, subject to the following conditions:
1) The accessory structure must obtain all applicable permits, including a Valley Branch
Watershed District permit if applicable, building permit, and grading permit if moving more
than 50 cubic yards of material per acre.
Resolution 2016-092 4
2) The proposed structure shall not adversely affect drainage or cause excessive stormwater
runoff to neighboring properties.
3) The accessory structure must comply with all other building, zoning and City requirements
before a building permit is issued.
4) The accessory structure must not be used for storage of hazardous materials.
5) If applicable, the property must be in compliance with all Minnesota Pollution Control
Agency requirements.
6) Agricultural Sales Business operations are not permitted on the property unless an Interim
Use Permit is obtained for such a use.
7) The property must comply with all standards of Chapter 95: Animals and Chapter 96:
Nuisances, of the Zoning Code.
8) The property must maintain existing screening provided by trees on the west and south sides
of the property.
9) All farm equipment must be stored inside after use. Exterior storage shall be kept at a
minimum. Exterior storage or inoperable equipment is not allowed.
10) The use of the proposed additional accessory structure shall be restricted to agricultural
activities only. It must not be used for storage of personal automobiles, home-based business
activity, or other non-agricultural equipment.
11) Agricultural production must be maintained on the property. The property shall be subject to
at least an annual inspection.
12) The Conditional Use Permit shall become invalid if the property subdivides or is rezoned to a
higher-density zoning classification.
Passed and duly adopted this 18th day of October, 2016 by the City Council of the City of Lake
Elmo, Minnesota.
__________________________________
Michael Pearson, Mayor
ATTEST:
________________________________
Julie Johnson, City Clerk
5699 Keats Avenue North Location Map
<----5699 Keats Avenue North
Properties Eligible for Conditional Use Permits for Additional Accessory Structures
Number ofAcres
0.499184 - 0.999999(1 acc. bldg. permittedup to 1200 sf)
1.000000 - 1.999999 (1acc. bldg. permitted up to1200 sf)
2.000000 - 4.999999 (1acc. bldg. permitted up to1300 sf)
5.000000 - 9.999999 (2acc. bldgs. permitted up to2000 sf)
10.000000 - 14.999999 (2acc. bldgs. permitted up to2500 sf)
15.000000 - 19.999999 (2acc. bldgs. permitted up to3000 sf)
20.000000 - 39.999999 (2acc. bldgs. permitted up to4000 sf)