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HomeMy WebLinkAboutBZ Packet 10.27.22If you need accommodations for the meeting please contact Rachel Juba at (651) 762-6304 or rjuba@ci.hugo.mn.us, thank you. Agenda Hugo Board of Zoning Adjustments and Appeals Thursday, October 27, 2022 Hugo City Hall 6:30 PM A. ROLL CALL: Arcand, Petty, Weidt B. APPROVAL OF MINUTES 1. August 11, 2022 C. PUBLIC HEARING 1. Susan E. Wolfe, 12776 Goodview Ave N - Variance request from the accessory building location requirement to construct an accessory building located in front of the principal building on the site. D. NEW BUSINESS E. OLD BUSINESS F. ADJOURNMENT Minutes for the Board of Zoning Meeting of Thursday, August 11, 2022 Chair Weidt called the meeting to order at 6:30 pm. PRESENT: Petty, Arcand, Weidt. ABSENT: None. STAFF: Rachel Juba, Community Development Director Max Gort, Associate Planner Approval of Minutes for the BOZA Meeting of February 24, 2022 Board Member Petty made a motion, seconded by Arcand to approve minutes for the meeting of February 24, 2022. Ayes: All. Nay: None. Motion carried. Public Hearing: Phil and Mary Watkins – 13345 Homestead Avenue North rear and side yard setback variance along with allowed square footage variance Before the background from staff, Community Development Director Rachel Juba introduced the newly hired Associate Planner Max Gort to the Board. Staff provided a background on the request submitted by Phil and Mary Watkins located at 13345 Homestead Avenue North. square feet for the attached garage, where 1,113 square feet is allowed by ordinance. The second request is to allow the rear yard setback to be 35 feet from the property line, where 40 feet is required by ordinance. The third request is to allow the side yard setback to be 12 feet, where 20 feet is required by ordinance. Staff analyzed the requests based on the criteria outlined in the City Code. Staff stated that there are practical difficulties in meeting the building setback requirements and that the strict enforcement of the ordinance would cause undue hardship because the property owners would not have a building area for a garage addition without the granting of variances. The variance requests meet the spirit and intent of the City Code and would not change the essential character of the neighborhood. It is in staff’s opinion that the applicant meets all requirements necessary to approve the shoreland and front yard setback variance requests for property located at 13345 Homestead Avenue North. Staff recommended approval of the three variance requests. Chair Weidt opened the public hearing at 6:36pm. August 11, 2022 BOZA Minutes Page 2 Phil Watkins, the applicant, addressed the Board highlighting his need for an indoor storage area for his boat and other vehicles that have been damaged by hail and severe weather in the past. Jim Warnecke, owner of neighboring property at 7830 132nd Street North, addressed the board expressing his desire for the variance to not be approved. Mr. Warnecke felt that the applicants’ addition would encroach too closely onto his property line, and that previous neighbors had interfered with his quality of life with similar projects. Jerry Novy, owner of 8060 132nd Street North, addressed the board expressing concern about whether the turn of the driveway would be too tight for the applicant to maneuver vehicles. Phil Watkins responds to neighbors’ concerns and restates his intended use of creating adequate storage for his boat and other vehicles. No one else spoke. Chair Weidt closed public hearing at 7:02pm. The Board discussed the variance application. Petty and Arcand restate that the proposal meets the necessary conditions for a variance. Chair White asks Community Development Director Juba for the distance between the proposed garage and Mr. Warnecke’s home. Motion by Petty, seconded by Arcand, to approve two variance requests submitted by Phil and Mary Watkins for property located at 13345 Homestead Avenue North, to allow 2,470 square feet for the attached garage, where 1,113 square feet is allowed by ordinance, a rear yard setback to be 35 feet from the property line, where 40 feet is required by ordinance, and a side yard setback to be 12 feet, where 20 feet is required by ordinance. Ayes: All. Nay: None. Motion carried. Adjournment Board member Petty made a motion, Arcand seconded, to adjourn at 7:07pm. Ayes: All. Nay: None. Motion Carried. Respectfully Submitted, Max Gort, Associate Planner Agenda Number XX CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Board of Zoning Adjustments FROM: Max Gort, Associate Planner SUBJECT: Susan E. Wolfe – 12776 Goodview Avenue North. Variance request from the requirement for accessory buildings to be placed to the front of the principal building for the construction of a ___ square foot pole barn. DATE: October 20, 2022, for the Board Meeting on October 27, 2022 ZONING: Single-family (R-3) REVIEW DEADLINE: November 14, 2022 1. DESCRIPTION OF REQUEST: The applicants are asking for a variance to construct a 1,500 square foot accessory building for the storage of vehicles. The requested variance is to allow for the accessory building to be placed in front of the principal building relative to the street. The property is approximately two acres and is located within the Large lot single-family residential (R-1) 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 surrounding properties to the north, west, and south are zoned single-family (R-3) and are classified as Low Density Residential (LD) in the 2040 Land Use Plan. The surrounding properties to the east are zoned Rural Residential (RR) and are classified as Large Lot Watkins Variance – 13345 Homestead Avenue North Page 2 2 Residential (LL) in the 2040 Land Use Plan. The surrounding properties range from 2 to 44 acres in size and are occupied by residential homes and agricultural uses. 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 R-3 zoning district. The proposed location would be set back approximately 65 feet from the east property line, and roughly 110 feet from the north property line, meeting all setback requirements. There is an existing line of trees and vegetation that provide adequate screening from the road and the neighboring property to the north. The proposed variance is a reasonable use. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property has several unique factors that constrain the buildable area for an accessory building. The property’s well and septic system are located to the south of the home. The property slopes downward to the west of the home and is covered by trees. The applicant would need to remove a large number of existing trees and fill in land to build on top of the sloping terrain to the west. The plight of the property owner is due to unique circumstances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The accessory building ordinance discourages having accessory buildings located in front of the house. The proposed location of the building is well screened by existing trees both from the adjacent property to the north and the street, which does not create a visual disruption relative to the rest of the neighborhood. The requested variance will not alter the essential character of the neighborhood. It is in staff’s opinion that the proposed accessory building has practical difficulties in meeting the ordinance standard. Watkins Variance – 13345 Homestead Avenue North Page 3 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. The spirit and intent of the attached accessory building ordinance is to not have the accessory building dominate the look of the front of the house. However, the existing dense lines of trees provide adequate screening of the building from the road and property line. Additionally, the proposed location of the building is offset from the front profile of the house so as not to dominate the look of the property from the road. It is in staff’s opinion that the requested variance is keeping with the spirit and intent of the accessory building ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Accessory buildings are permitted in the R-3 zoning district. (5) 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 a well and septic system. 5. CONCLUSION: It in staff’s opinion that the applicant meets the requirements to approve a variance for a 1,500 square foot accessory building to be placed in front of the principal building, relative to the road. 6. RECOMMENDATION: Staff recommends approval of the variance request subject to the conditions in the resolution. ATTACHMENTS: 1. Location Map 2. Resolution 3. Site Plan 4. Applicant’s Narrative and Documents Goodview Avenue North130th Street North 12776 Goodview Ave N Location MapHugo, MN Parcel Boundary selection Roads Hugo Border Parcel Boundary ¯0 100Feet1 in = 250 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2022\Wolfe Variance - 12776 Goodview Ave N.mxdSite RESOLUTION 2022-70 APPROVING A VARIANCE FROM THE ACCESSORY BUILDING PLACEMENT REQUIREMENT FOR PROPERTY LOCATED AT 12776 GOODVIEW AVENUE NORTH WHEREAS, Susan E. Wolfe has requested approval of a variance to allow the proposed 1,500 square foot accessory building to be located in front of the principal building on the site, where location behind the principal building is required by City ordinance, on property legally described as follows: See Attached WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said variance at a duly called public hearing on October 27, 2022, and recommends approval with the following findings and conditions: 1. The proposed facilities shall be in adherence to the site plan dated October 22, 2022 2. The proposed variance is permissible by law. 3. The existing rows of trees are to provide screening from the adjacent property and road, and the proposed location meets all setback requirements, establishing the accessory building as a reasonable use. 4. The property is constrained by sloping terrain, wetland, existing trees, and the location of the well and septic system. The proposed location prevents the applicant from needing to grade and removing a significant amount of existing trees, creating unique circumstances that are not created by the landowner. 5. The proposed location of the building is well screened by existing trees both from the adjacent property to the north and the street, which does not create a visual disruption relative to the adjacent properties and road. The requested variance will not alter the essential character of the neighborhood. 6. There are practical difficulties in meeting the ordinance standards. 7. The spirit and intent of the attached accessory building ordinance is to not have the accessory building dominate the look of the front of the house. However, the proposed location is offset from the front of the house by some distance and is screened by an existing dense row of trees. The variance as requested meets the spirit and intent of the ordinance. 8. The use is allowed in the R-3 zoning district. 9. The property is not located within a floodplain area. 10. The property is served by City sewer and water. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the Resolution 2022-64 Page 2 variance request for Susan E. Wolfe to construct a 1,500 square foot accessory building in front of the principal building, where a location behind the principal building is required by ordinance, for the property located at 12776 Goodview Avenue North. ADOPTED by the City Council this 7th day of November, 2022. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk 22-056