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HomeMy WebLinkAboutBZ Packet 05.23.24If 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, May 23, 2024 Hugo City Hall 6:30 PM A. ROLL CALL: Arcand, Petty, Weidt B. APPROVAL OF MINUTES 1. October 12, 2023 C. PUBLIC HEARING 1. Michael and Lindsay Osterman – Variance request to allow for an accessory building placed in front of the house. D. NEW BUSINESS E. OLD BUSINESS F. ADJOURNMENT Minutes for the Board of Zoning Meeting of Thursday, October 12 , 2023 Chair Weidt called the meeting to order at 6:30 pm. PRESENT: Arcand, Petty, Weidt. ABSENT: None. STAFF: Rachel Juba, Community Development Director Max Gort, Associate Planner Approval of Minutes for the BOZA Meeting of August 24, 2023 Board Member Arcand made a motion, seconded by Chair Weidt to approve minutes for the meeting of August 24, 2023. Ayes: Arcand, Weidt. Nay: None. Abstain: Petty. Motion carried. Public Hearing: Hunter and Brayanna Smith, 12033 Everton Avenue North – Variance request to allow for an accessory building within the rear yard setback Associate Planner Gort provided a background on the request submitted by Hunter and Brayanna Smith for their property located at 12033 Everton Avenue North . The request was to allow for a 1,200 square foot accessory building to have setback of 10 feet from the rear property line, where 30 feet is required by ordinance. The property is bordered to the east by a 60-foot wide city-owned right of way. The applicant has a portion of fence and a concrete slab that are located within the right of way, and the eventual removal of this fence and slab are a condition of approval for the variance. The request has practical difficulties in meeting the ordinance standards. The request is a reasonable use because accessory buildings up to 1,500 square feet are allowed in the R-1 zoning district, the proposal meets all other ordinance requirements, and existing trees provide adequate screening from the view of the road. The property is unique due to the right of way bordering the east and west, the location of the house towards the rear of the property, and the steep sloping terrain preventing placement elsewhere. The variance will not alter the character of the area since accessory buildings are common in the R-1 zoning district, and the City-owned property immediately adjacent is vacant. The spirit and intent o f a required minimum rear yard setback is to allow space between buildings and property lines, and staff is of the opinion that the proposal will allow for an adequate amount of space. Staff found that the request met the necessary requirements to approve a variance, and recommended approval of the variance request to the Planning Commission. Board Member Arcand asked about the history of the City right of way to the east of the property. Community Development Director Juba stated that the right of way behind the house was part of an October 12, 2023 BOZA Minutes Page 2 1886 plat that crated small cabin-style lots in the area, but were never developed. Juba said that there is a need for the City to keep the right of way, but that the need is not immediate. The applicants, Hunter and Brayanna Smith, 12033 Everton Ave N, introduced themselves to the Board and thanked them for hearing the request. Chair Weidt Opened the Public Hearing at 6:42 PM. Becky Schoeller, Gerald Schoeller, and Judith Schoeller, 4995 121st St N, spoke at the Public Hearing via Zoom. The Schoellers generally expressed concern that the variance would preclude future development of their property. Becky Schoeller asked how far the applicants’ fence currently extends into the right of way, Juba stated that the fence extends approximately 30 feet into the right of way. Gerald Schoeller stated that he objects to the variance request due to fully engineered plans not being available at this time. Juba stated that the applicants have not yet applied for a building permit, and that the accessory building will not have sewer and water access. Juba stated that a road in the right of is not planned in the near future and that the development of the Schoeller ’s property will not be impacted. Joe Schoeller, 4970 120th St N, stated that he was concerned about the decreased setback for utilities and snow removal. Chair Weidt asked if staff could clarify that the building was not going to be placed in the right of way, and that it would be a greater distance than 10 feet from the side of the road, Juba says yes. Schoeller stated he was concerned that this variance would set a precedent and impede development in the area. No one else spoke. Chair Weidt closed the Public Hearing at 6:49 PM. Board member Petty asked about the height of the building. Juba stated that the applicant’s plans show 10-foot walls with a 4x12 pitch, making the building rougly 18-19 feet tall. Board Member Petty asked if subsequent property owners asking for a variance will need to demonstrate the same practical difficulties, Juba said yes, and restated the unique circumstances with this property. Board Member Arcand asked about the design of the building. Hunter Smith stated that the color coating will match that of the home. Board member Petty asked about the purpose of the building, Smith stated that it will be used as a detached garage for storing their boat. No further discussion. Board Member Petty made a motion, seconded by Board Member Arcand, to recommend approval of the Variance request for 12033 Everton Avenue North. Ayes: All. Nay: None. Motion carried. October 12, 2023 BOZA Minutes Page 3 The request will be considered at the City Council meeting of November 6th, 2023. Adjournment Board Member Petty made a motion, seconded by Board Member Arcand to adjourn at 6:52pm. Ayes: All. Nay: None. Motion Carried. Respectfully Submitted, Max Gort, Associate Planner Agenda Number C.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Board of Zoning Adjustments FROM: Max Gort, Associate Planner SUBJECT: Michael and Lindsay Osterman, 12494 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 3,000 square foot accessory building. DATE: May 16, 2024 for the Board meeting of May 23, 2024 ZONING: Single-family (R-3) REVIEW DEADLINE: June 15, 2024 1. DESCRIPTION OF REQUEST: The applicants are asking for a variance to construct a 3,000 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, where placement behind the front of the principal building is required by ordinance. The property is approximately ten acres and is located within the Single-Family (R-3) 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 Osterman Variance – 12494 Goodview Ave N Page 2 2 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 Residential (LL) in the 2040 Land Use Plan. The surrounding properties range from 10 to 80 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 203 feet from the front property line to the east, and roughly 53 feet from the side property line to the north, meeting all setback requirements. There is an existing line of trees and vegetation that provide adequate screening from the road and the view of the principal building on 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 a few unique features that limit the potential area for construction of an accessory building. There are approximately 6.66 acres of wetland in the rear of the property, reducing the amount of buildable area behind the front of the house. The remainder of the upland area to the northwest of the house has a downward slope, and construction of the building in this location would require significant grading, fill, and tree removal. The applicants’ septic system is located immediately in front of the house. The proposed location is relatively flat and requires a minimal amount of tree removal. The request is due to unique circumstances of the property. 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. While this property is located in the R-3 zoning district, it is surrounded by Osterman Variance – 12494 Goodview Ave N Page 3 3 large lot parcels with accessory buildings, including some lots with accessory buildings placed in front of the house. The proposed location of the building is 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. (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 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 3,000 square foot accessory building to be placed in front of the principal building. 6. RECOMMENDATION: Staff recommends approval of the variance request subject to the conditions in the resolution. ATTACHMENTS: Osterman Variance – 12494 Goodview Ave N Page 4 4 1. Location Map 2. Resolution 3. Site Plan RESOLUTION 2024-XX APPROVING A VARIANCE FROM THE ACCESSORY BUILDING PLACEMENT REQUIREMENT FOR PROPERTY LOCATED AT 12494 GOODVIEW AVENUE NORTH WHEREAS, Michael and Lindsay Osterman have requested approval of a variance to allow the proposed 3,000 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 May 23, 2024, and recommends approval with the following findings and conditions: 1. The proposed facilities shall be in adherence to the site plan dated April 4, 2024. 2. The proposed variance is permissible by law. 3. The existing mature trees will 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 wetland, sloping terrain, 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. Resolution 2024-XX Page 2 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 Michael and Lindsay Osterman to construct a 3,000 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 12494 Goodview Avenue North. ADOPTED by the City Council this 3rd day of June, 2024. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk N89°53'44"W 1316.80 S00°21'25"W 329.10S89°46'38"E 1317.17 N00°17'29"E 331.82OHEOHE OHE OHE OHE OHE OHE GOODVIEW AVE NOSTERMAN MICHAEL PID: 32.031.21.41.0001 : : : : 125TH AVE N W S S SLS E 929 928 927 930 931 932 932 933 934 935 936 937-929.25929.25-929.18929.18-929.65929.65-929.84929.84 -930.34930.34 -929.26929.26-928.69 9 2 8 . 6 9 CERTIFICATE OF SURVEY FILE NUMBER: CHECKED BY: DATE: SCALE: DRAWN BY: I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF DATE:LIC. NO. DATE AMENDMENTS PREPARED FOR:BY MIKE OSTERMAN MINNESOTA Kelly L. Jordan 04/04/2024 42648 March 2024 AS SHOWN JAS KLJ 2024-10565 © 2024 WIDSETH SMITH NOLTING & ASSOCIATES, INC. 0 SCALE ( IN FEET ) 80 160NORTH PROPERTY DESCRIPTION: (Warranty Deed Doc. No. 4390521) That part of the East Half of the Southeast Quarter of Section 32, Township 31, Range 21, lying North of the South 2310 feet, Washington County, Minnesota. SURVEY NOTES: 1.Orientation of this bearing system is based on the Washington County Coordinate System NAD83 (1996 adj.) 2.The property address is 12494 Goodview Ave N, Hugo, MN 55110. PID No. 32.031.21.41.0001 3.The area of the subject property is 435,205 Sq. Ft. or 10.0 Acres. 4.The property is zoned R-3 - Single Family Detached Residential (per City of Hugo zoning map) The building setbacks (per Hugo zoning ordinance section 90-98) Front : 30 feet Side : 10 feet Rear : 30 feet 5.This survey was completed without the benefit of a title commitment or opinion. There may be easements or other limiting factors not shown on this survey which affect the subject property. 6.There are wetlands on the property not shown, for the purposes of this survey drawing a delineation has not been completed. LEGEND BUILDING WALL HATCH BITUMINOUS SURFACE CONCRETE SURFACE GRAVEL SURFACE DENOTES A FOUND 1/2" IRON PIPE MONUMENT W/CAP NO. 6617 UNLESS OTHERWISE SHOWN E S W LS DENOTES A SET 1/2" OPEN IRON PIPE MONUMENT UNLESS OTHERWISE SHOWN ELEC POLE ELEC METER SANITARY LID WATER WELL LIFT STATION OHE OVERHEAD ELECTRIC BUILDING SETBACK LINE SECTION LINE QUARTER LINE DENOTES A FOUND WASHINGTON COUNTY SECTION CORNER MONUMENT