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Item No: 5A Meeting Date: August 7, 2013 Type of Business: Planning Case City of Mounds View Staff Report To: Mounds View Planning Commission From: Heidi Heller, Planning Associate Item Title/Subject: Public Hearing - Consideration of a Conditional Use Permit and Variance for an Oversized Garage at 2917 County Road H2; Planning Case MU2013-001 Introduction: The applicant, Peter McIntyre, is requesting approval of a conditional use permit and a variance for an oversize detached garage on his property at 2917 County Road H2. The applicant wants to expand his existing 840 square foot garage and make it 10 feet deeper, to 30’w’x 38’d, (1,140 square feet). The applicant has submitted plans for a garage larger and taller than what the City Code allows without a planning action. The City limits the size of accessory buildings, whether attached or detached from the house, to a maximum of 952 square feet. Any single building larger than 952 square feet must get City approval of a conditional use permit. The garage the applicant is proposing would be 1,140 square feet. The applicant is also requesting to be able to build the garage addition the same height as the garage currently is, which no longer meets the Zoning Code. The garage height met the Zoning Code at the time it was built, but is now considered legal non-conforming. If a structure is non-conforming, it can be maintained and repaired, but not expanded without a variance. Conditional Use Permit Discussion Requirements: Section 1106.03, Subd. 1: This part of the Code limits the height of an accessory building, the number of accessory buildings, the backyard coverage ratio of accessory buildings and specifies roof style and pitch. A Conditional Use Permit (CUP) is required for garages exceeding 952 square feet. Section 1106.04, Subd. 6: This part of the Code enumerates the conditions for garages exceeding 952 square feet. The garage must be permanent, be uniform in appearance with the home, not exceed 35 feet in width, and not exceed 1,800 square feet of total accessory building area on the lot. Section 1125.01, Subd. 1: The Planning Commission is required to review the possible adverse effects of the requested conditional use. Discussion: The request for a Conditional Use Permit to construct the 1,140 square foot garage satisfies the requirements as stated in Section 1106.03 and 1106.04, Subdivision 6 of the Mounds View Zoning Code. The proposed garage meets all City setback and accessory building coverage requirements, and the Commission will decide on the height. The City Code limits backyard building coverage to 20% of the yard area. The expanded garage and the additional existing 308 square foot accessory building would total 1,448 square feet which is below the maximum of 1,800 square feet limit, and have approximately 5% coverage of the backyard area.