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HomeMy WebLinkAboutBZ Packet 05.09.2019AGENDA HUGO BOARD OF ADJUSTMENTS AND APPEALS MAY 99 2017 6:30 PM A. CALL TO ORDER B. OATH OF OFFICE 1. Maria Mulvihil C. ROLL CALL (Arcand, Mulvihill, Weidt) D. APPROVAL OF MINUTES 1. November 9, 2017. E. PUBLIC HEARING 1. Wlaschin — Variance request for an accessory building at 7755 125th Street North F. NEW BUSINESS G. OLD BUSINESS H. ADJOURNMENT MINUTES HUGO BOARD OF ZONING ADJUSTMENTS AND APPEALS NOVEMBER 9, 2017 Chairperson Weidt called the meeting to order at 6:28 p.m. Oath of Office Juba described that the Board of Zoning Adjustments and Appeals is comprised of one City Council member, one Planning Commission member, and one resident. A vacancy was created on the Board in January 2017. The Planning Commission recommended the appointment of Scott Arcand to the Board at their meeting on September 14, 2017. At their meeting on October 2, 2017 the City Council approved the appointment of Scott Arcand as a new member of the Board of Zoning Adjustments and Appeals. Arcand read and signed the oath of office for the Hugo Board of Zoning Adjustments and Appeals. Roll Call PRESENT: Arcand, Weidt. ABSENT: None. ALSO PRESENT: Rachel Juba, Planner Rachel Leitz, Community Development Assistant Approval of Minutes Weidt made a motion, Arcand seconded, to approve the minutes for June 9, 2016, as presented. All Ayes. Motion carried. Sierven — Variance request for accessory structure size located at 14496 Geneva Ave. N. Community Development Assistant, Leitz, presented on a variance request from the size requirements for an accessory building to allow a total size of 540 square feet where 260 square feet is allowed by ordinance. The applicant is proposing to construct a 280 square foot addition onto an already existing 260 square foot accessory structure. Leitz described the criteria staff uses to evaluate variances, most notably: reasonable use, unique circumstances, character of neighborhood, and spirit and intent. Leitz stated that the unique circumstance for this request is a large lot (1.2 acres) in a development generally comprising of .25 acre properties. It is also unique that the property is not surrounded by homes, as it is located adjacent to Egg Lake and has wetlands providing a buffer from surrounding properties. It was in staff's opinion that the applicant meets all the criteria necessary to approve the variance request. Staff recommended approval of the variance request from the size regulations for an accessory building for Brian & Eugenia Sjerven on property located at 14496 Geneva Ave. N. Chairperson Weidt opened the public hearing at 6:37 p.m. No one was in the audience. Chairperson Weidt closed the public hearing at 6:38 p.m. Arcand made a motion, seconded by Weidt, to recommend approval to the City Council of the variance request. All Ayes. Motion carried. Adi ournment Arcand made a motion, Weidt seconded, to adjourn at 6:39 p.m. All Ayes. Motion carried. Respectfully Submitted, Rachel Leitz, Community Development Assistant 2 Agenda Number E.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Board of Zoning Adjustments FROM: Emily Weber, Community Development Assistant SUBJECT: Matt Wlaschin — Variance from the height regulations for an accessory building located at 7755 125th Street North. DATE: May 1, 2019 for the Board Meeting on May 9, 2019. ZONING: Rural Residential (RR). REVIEW DEADLINE: June 17, 2019. 1. DESCRIPTION OF REQUEST: The applicant is requesting a variance from the height regulations to allow a maximum of 25 feet in height for the proposed 4,000 square foot accessory building. The City Code requires that no accessory building can exceed the height of the principal building (home) on the property. The height of the principal building is 20 feet, therefore a variance is required. The property is six acres and is located within the Rural Residential (RR) zoning district. 2. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City's discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 3. ANALYSIS: A. Surrounding Land Use and Zoning The properties to the north are zoned RR and are generally occupied by single family homes on two acre parcels. The properties to the east, south, and west are zoned PUD and are large, five to ten acre lots that will be occupied by single family homes. The area is classified as Large Lot Residential (LD) in the 2030 Land Use Plan. Wlaschin Variance Page 2 B. Accessory Building Height Variance The City Code requires that no accessory building can exceed the height of the principal building (home) on the property. The height of the principal building is 20 feet. The applicant is requesting a variance to allow a maximum of 25 feet in height for the proposed 4,000 square foot accessory building. 4. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term "Practical Difficulties" as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and, Accessory buildings are allowed in the RR zoning district. The applicant is proposing to use the property in a reasonable manner. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique in that it is a large lot (six acres) and is surrounded by parcels similar in size or larger. The property has a primary structure that is a one level, walk out style home with a height of 20 feet. There are two story homes in the area and they are allowed in the zoning district. The property is also unique from the surrounding properties because of the substantial stand of trees. There are full grown evergreen trees that significantly cover the length of the property, screening much of the property from public view. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Accessory buildings are common within this area and are allowed in the RR zoning district. The surrounding development has lot sizes from five to ten acres and will generally have primary structures that are two-story buildings, allowing for large accessory buildings on the properties. There are existing accessory structures in the area that are similar in size and height of the applicant's proposed accessory building. The proposed height variance would not noticeably alter the character of the area. N Wlaschin Variance Page 3 (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City's Comprehensive Plan. Accessory buildings are common in the RR zoning district. The intent of the ordinance is to allow a property owner to have a reasonably sized accessory building on the property and to regulate the height of accessory buildings based on the height of the primary structure on the property. This prevents accessory building from dominating the appearance of the property. The property is six acres and is allowed, by Code, up to three accessory buildings with a maximum combined size of 4,000 square feet. The proposed 4,000 square foot accessory building will be located behind the primary structure. The property has a large area of full grown evergreen trees along the length of the property and is well screened from public view. The proposed accessory building will be located east of the trees, and with additional landscape screening planted along the east side of the proposed building, the structure will not be easily seen from the surrounding properties. It is the staff's opinion that the proposed building would not dominate the appearance of the property and would be keeping with the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Accessory buildings are a permitted use in the RR zoning district. (S) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by well and septic systems. Any additional septic system installed must comply with city and state codes. 5. CONCLUSION: It's in staff's opinion that the applicant meets all the criteria necessary to approve the variance request. 6. RECOMMENDATION: Staff recommends approval of the variance request from Matt Wlaschin, located at 7755 125th St N, to allow a maximum of 25 feet in height for the proposed 4,000 square foot accessory building. ATTACHMENTS: 1. Resolution 2. Location Map Wlaschin Variance Page 4 3. Site Plan 4. Applicant's Narrative RESOLUTION 2019 -XX APPROVING A VARIANCE FROM THE HEIGHT REQUIREMENTS FOR AN ACCESSORY BUILDING LOCATED IN THE RURAL RESIDENTIAL (RR) ZONING DISTRICT FOR MATT WLASCHIN AT 7755 125TH STREET NORTH. WHEREAS, Matt Wlaschin has requested approval of a variance from the height regulations for an accessory building to allow a maximum of 25 feet in height where 20 feet is allowed by ordinance for the property legally described as follows: SECTION 34 TOWNSHIP 31 RANGE 21 ALL THAT PART OF THE EAST/20F THE SW '/a AND ALL THAT PART OF GOVERNMENT LOT 4, ALL IN SECTION 34, TOWNSHIP 31 NORTH, RANGE 21 WEST, VILLAGE OF HUGO, WASHINGTON COUNTY, MINNESOTA. WHEREAS, the Board of Zoning has reviewed said variance at a duly called public hearing on May 9, 2019, and recommends approval with the following findings and conditions: 1. The requested variance is permissible by law. 2. Because of circumstances unique to the property the applicant is proposing to use the property in a reasonable manner. 3. The height variance on the applicant's proposed accessory building would not noticeably alter the character of the area. 4. The granting of the variance would be in keeping with the spirit and intent of the ordinance. 5. Construction of an accessory building is allowed in the RR zoning district. 6. The subject property is not within a FEMA designated floodplain. 7. The sewage treatment system and water system of the subject property is in compliance with city and state codes. 8. The applicant must apply and receive a building permit prior to construction of the accessory building. 9. The accessory building shall meet all building code requirements. 10. The accessory building shall resemble, in style, materials, color, and roofline the principle building on the lot. 11. Prior to the Certificate of Occupancy of the accessory building, any temporary building or structure shall be removed from the subject property. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request for Matt Wlaschin from the accessory building ordinance to allow a Resolution 2019-xx Page 2 maximum of 25 feet in height for the proposed accessory building, where a height of 20 feet is allowed by ordinance. ADOPTED by the City Council this 20th day of May, 2019. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk uCI-FY OF VVEST.180E pM: 7755 125th Street North Location Map Hugo, MN P Right of Way Roads Hugo Border Parcel Boundary N 0 167 Feet 1 in = 167 feet 720' N 145' 1 -128'- PROPOSED 1 GRAVEL DRIVEWAY r- Emn SEPTu AV PROPOSED APR 18 2019 TREE'S I D� `o l q EXISTING 1 p d p d p In t PROPERTY LINE uo Z16 I I I I N I� � ALL DIDffidSI0N3 8c size DESIGNATIONS PROJECT: DESIGNED FOR: PRINTED DATE: 04-18-19 REVISION DATE BY SHEET GNSNARESUBJECf TOVBRD?ICATIONON SM: START 04-04-1 9 EZ JOB SITEANDADJUSTMLNTTOFITJOB MATT & TERESA WLASCHIN 1 OF 1 7.ERWAS%rICFffi� MBATH - DESIGN $B CONDITIONS. KlTCN N+BA7H FUTURE POLE BARN 7755 125TH STREET N. 1 =50 REV 1 04-18-19 EZ uWio TLARM WHITE BEAR LAKE, MN DESIGNER: REV 2 P.O. IV OR HN RR+34 PH. (763)400 -*25 ERIC ZERWAS, CKD RFV® MW EASTING 10'X17 EXI51ING POOL SHEDrf - • .., ...• EXISTING • POOL r- Emn SEPTu AV PROPOSED APR 18 2019 TREE'S I D� `o l q EXISTING 1 p d p d p In t PROPERTY LINE uo Z16 I I I I N I� � ALL DIDffidSI0N3 8c size DESIGNATIONS PROJECT: DESIGNED FOR: PRINTED DATE: 04-18-19 REVISION DATE BY SHEET GNSNARESUBJECf TOVBRD?ICATIONON SM: START 04-04-1 9 EZ JOB SITEANDADJUSTMLNTTOFITJOB MATT & TERESA WLASCHIN 1 OF 1 7.ERWAS%rICFffi� MBATH - DESIGN $B CONDITIONS. KlTCN N+BA7H FUTURE POLE BARN 7755 125TH STREET N. 1 =50 REV 1 04-18-19 EZ uWio TLARM WHITE BEAR LAKE, MN DESIGNER: REV 2 P.O. IV OR HN RR+34 PH. (763)400 -*25 ERIC ZERWAS, CKD RFV® MW Hello my name is matt wlaschin, I live at 7755 125' st n, white bear lake mn. I am in the process of looking at building a pole barn on the back half of my 6 arces. The pole barn will consist of storage,work shop and a caregivers living quarters for my retired parents. I am looking to build a 60x64 pole building. It needs to be this big do to the size of the caregivers living quarters of 20x40 area and the rest for storage and what ever is left for a work shop. I have applied for a cup permit to increase the size of pole building I can build. I see there is a height maximum of no higher than the house. I have a rambler house with a walk out, so its laid out kinda different. The upper half of the house at the driveway is 16 feet to the peak of the roof to sidewalk and the walk out side of the house is 23 feet from the peak of the roof to lower patio. The pole barn that I am building I would like to have 16 footValls. The main reason for the tall walls is my 40 foot fifth wheel camper, that is close to 12.7 feet tall including my a/c on top, and also storage for my parents above the caregivers living quarters for some of there belongings, so 16 foot walls would also be nice for that. I am worried that 14 foot walls even would be close with my camper, because not sure with a roll up garage door how much height that would take away from my camper going in pole buiing. I have not yet choosing a builder or design for barn until I know my requirments on what I can do. With 16 or even 14 foot walls at a 60 foot span I am not sure how tall my trusses will need to be. Some say around Ito 10 feet tall which would put me higher than my house with top height of 27 feet. The location of the pole barn is about 135 feet behind my house , surrounded on 3 sides by 30foot plus pine trees. The only open area is to the east where there are no trees. On one note I am going to be planting spruce trees on the east property line which will allow some cover eventually. There are no creeks or valleys on my property. As as of right know with the regulations the highest barn I could build is under 16 foot total height which would be about 8 foot side walls and would not work with any plans I have. With my tall trees surrounding the barn I feel that the barn would not look like it is dwarfmg my house. I ask that you take this into consideration as to my natural buffer's I have in granting my a height variance so I can build my pole barn, take care of my retired parents,store my fifth wheel and have a work shop that I have always wanted. Also in the information that is included in the application I included a print of the preserve on sunset lake, my land is not part of the development, but I wanted to show you the lay out of where I am located, my lot is off of 125th st between lot 1 and 4. Thank you matt wlaschin APR 11 2019 ,Q p iq �H