HomeMy WebLinkAbout7A, Planning Case 09-017 for 3413 Snelling Ave.Prepared By: Meagan Beekman
Council Meeting Date: September 28, 2009
Planning Case 09-017 for a Variance and Site Plan Review at 3413 Snelling Avenue
Budgeted Amount: Actual Amount: Funding Source:
NA NA NA
Recommendation:
1. Approve Planning Case 09-017 for a Variance and Site Plan Review at 3413 Snelling
Avenue, Based on the Findings of Fact and the Submitted Plans, as Amended by the
Five Conditions in the September 28, 2009, Report to the City Council.
Supporting Documents:
1. Planning Commission DRAFT Minutes for September 9, 2009.
2. September 9, 2009, Report to the Planning Commission — hqp://www.ci.arden-hills.mn.us
� ll�EN HILLS
MEMORANDUM
DATE: September 28, 2009
TO: Honorable Mayor and City Council Members
Ron Moorse, City Administrator
FROM: Meagan Beekman, City Planner
SUBJECT: Planning Case #09-017
Variance and Site Plan Review
Rosemary McMonigal, McMonigal Architects
3413 Snelling Avenue N
Requested Action
Motion to Approve Planning Case 09-017 for a Variance and Site Plan Review at 3413 Snelling
Avenue, Based on the Findings of Fact and the Submitted Plans, as Amended by the Five
Conditions in the September 28, 2009, Report to the City Council.
Background
The applicant is the architect for Mark and Roberta Thompson, owners of the dwelling at 3413
Snelling Avenue, which is a located in the R-1 Zoning District. The property is a lakeshore
property and is located on the east side of Lake Johanna. The existing house is setback
approximately 310 feet from the front property line and 135 feet from the lake. The applicants
are requesting a variance to construct an 816 square foot detached garage in the front yard of
their property (Attachment B). The garage would be setback 43 feet from the front property line.
While the structure would meet the front yard setback requirement of 40 feet, a variance is
required because accessory structures are not permitted in front yards.
The applicant is also requesting a site plan review due to the size of the garage. The Zoning
Code limits residential parcels to no more than two accessory structures, each not to exceed 728
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square feet. The Zoning Code also permits one of these accessory structures to exceed the 728
square feet limitation, if approved through a site plan review process, as long as the total square
footage of accessory structures does not exceed 1,456 square feet. The applicants have a
second accessory structure on their property that is 70 square feet.
The applicant has submitted a letter addressing the variance criteria, a survey of the property, a
letter of support signed by their neighbors, elevations of the proposed garage, and an onsite
storage plan. Also attached is an aerial photo and photographs of the site (Attachment B).
Findings of Fact
The Planning Commission offers the following twenty findings of fact for review:
General Findings
l . The lot size meets the requirements of the R-1 Zoning District.
2. The lot meets the depth requirements for the R-1 Zoning District.
3. The lot is only 60 feet wide which does not meet the 95 foot width requirement for the R-
1 Zoning District.
4. The applicant is proposing an 816 square foot detached garage.
5. The proposed detached garage would be located in the front yard of the lot. Accessory
structures are not permitted in the front yard.
6. The proposed garage meets the front yard setback requirements for a principal structure
in the R-1 Zoning District.
7. The propose garage meets the side yard setbacks for an accessory structure.
8. The proposed structure coverage meets the requirements of the R-1 Zoning District.
9. The proposed minimum landscape area meets the requirements of the R-1 Zoning
District.
10. The proposed garage would not exceed the 15 foot height limit.
11. The proposed garage is outside of the 100-year flood plain, wetlands, and easements.
12. Tree removal for the proposed garage would not require any mitigation under the Tree
Preservation Ordinance.
Variance Findings:
13. Detached garages are a reasonable use within the R-1 Zoning District.
14. The property is unique in the City due to the narrowness of the lot, steep topography, and
heavily wooded nature, which prohibits any alternative locations for the garage.
15. The circumstances of the property were not created by the landowner.
16.It is unlikely the garage would have a negative impact on the property or the
neighborhood. The depth of the lot allows the garage to be located at least 40 feet from
the front property line amongst a significant number of trees. Additionally, having a
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detached garage located in the front yard of a property is a common feature of lake shore
lots.
17. The construction and location of the garage is not based on economic considerations
alone, because topography and tree preservation were the primary influences on the
location of the garage.
Site Plan Review Findings:
18. This situation is an exceptional and unusual circumstance due to the large size of the lot
and the presence of a significant number of trees to screen the structure.
19. The applicant has submitted justification and plans for the proposed structure.
20. The structure would be 816 square feet in size.
Recommendation
The Planning Commission unanimously recommends approval of Planning Case 09-017 for a
variance and site plan review at 3413 Snelling Avenue, based on the findings of fact and the
submitted plans, as amended by the following five conditions:
1. The project shall be completed in accordance with the plans submitted as amended by
the conditions of approval. Any significant changes to these plans, as determined by
the City Planner, shall require review and approval by the Planning Commission.
2. The applicant shall use best management practices (BMPs) to control erosion at all
times during construction.
3. The structure shall conform to all other regulations in the City Code.
4. The detached garage shall match the color and architectural styling of the primary
structure.
5. The applicant shall obtain approval or a waiver from the Rice Creek Watershed
District prior to the issuance of any building permits.
options
1. Approve the proposal as submitted.
2. Approve the proposal with conditions.
3. Deny the application with reasons for denial. If the City denies the petitioners request, "...it
must state in writing the reasons for the denial at the time it denies the request."
4. Table for additional information.
The findings of fact in this planning case report support approval of the variance and site plan
review request. If the City Council chooses to deny the variance and site plan review, findings
that support this motion must be stated for the record prior to voting on the motion.
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Deadline for Agency Actions
The City of Arden Hills received the completed application for this request on August 20, 2009.
Pursuant to Minnesota State Statute, the City must act on this request by October 19, 2009 (60
days), unless the City provides the petitioner with written reasons for an additional 60 day review
period. The City may with the petitioners' consent extend the review period beyond the 120
days.
Attachments
A — September 9, 2009, Draft Planning Commission Meeting Minutes
B — September 9, 2009, Report to the Planning Commission
htt-p://www.ci.ardenhills.mn.us/planninRcase
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Attachment A
Draft Planning Commission
Meeting Minutes
From September 9, 2009
September 28, 2009, City Council Meeting
Planning Commission DRAFT Minutes — September 9, 2009
A. Planning Case 09-017; Variance and Site Plan Review; 3413
Snelling Avenue N; McMonigal Architects — Not a Public Hearing
Chair Larson requested Commissioner Thompson be excused during
Planning Case 09-017.
Commissioner Thompson excused herself at 6:35 p.m.
City Planner Beekman reported that the applicants are requesting a
variance and site plan review to construct an 816 square foot detached
garage in the front yard of the home located at 3413 Snelling Avenue
N, and have submitted a letter addressing the variance criteria, a
survey of the property, a letter of support signed by neighbors,
elevations of the proposed garage, and an onsite storage plan. She
then provided background information.
City Planner Beekman stated that the Staff offers the following twenty
findings for consideration:
1. The lot size meets the requirements of the R-1 Zoning District.
2. The lot meets the depth requirements for the R-1 Zoning
District.
3. The lot is only 60 feet wide which does not meet the 95 foot
width requirement for the R-1 Zoning District.
4. The applicant is proposing an 816 square foot detached garage.
5. The proposed detached garage would be located in the front
yard lot. Accessory structures are not permitted in the front
yard.
6. The proposed garage meets the front yard setback requirements
for a principle structure in the R-1 Zoning District.
7. The proposed garage meets the side yard setbacks for an
accessory structure.
8. The proposed structure coverage meets the requirements of the
R-1 Zoning District.
9. The proposed minimum landscape area meets the requirements
of the R-1 Zoning District.
10. The proposed garage would not exceed the 15 foot height limit.
11. The proposed garage is outside of the 100-year flood plain,
wetlands, and easements.
12. Tree removal for the proposed garage would not require any
mitigation under the Tree Preservation Ordinance.
Variance Findings:
13. Detached garages are a reasonable use within the R-1 Zoning
District.
14. The property is unique in the City due to the narrowness of the
lot, steep topography, and heavily wooded nature, which
prohibits any alternative locations for the garage.
15. The circumstances of the property were not created by the
landowner.
16. It is unlikely the garage would have a negative impact on the
property or the neighborhood. The depth of the lot allows the
garage to be located at least 40 feet from the front property line
amongst a significant number of trees. Additionally, having a
detached garage located in the front yard of a property is a
common feature of lake shore lots.
17. The construction and location of the garage is not based on
economic considerations alone, because topography and tree
preservation were the primary influences on the location of the
garage.
Site Plan Review Findings:
18. This situation is an exceptional and unusual circumstance due
to the large size of the lot and the presence of a significant
number of trees to screen the structure.
19. The applicant has submitted justification and plans for the
proposed structure.
20. The structure would be 816 square feet in size.
City Planner Beekman stated that based on the findings, Staff
recommends approval of Planning Case 09-017; Variance and Site
Plan Review located at 3413 Snelling Avenue N with the following
five conditions:
1. The project shall be completed in accordance with the plans
submitted as amended by the conditions of approval. Any
significant changes to these plans, as determined by the City
Planner, shall require review and approval by the Planning
Commission.
2. The applicant shall use best management practices (BMPs) to
control erosion at all times during construction.
3. The structure shall conform to all other regulations in the City
Code.
4. The detached garage shall match the color and architectural
styling of the primary structure.
5. The applicant shall obtain approval or waiver from Rice Creek
Watershed District prior to the issuance of any building
permits.
City Planner Beekman stated that if this Planning Case is approved it
will be on the September 28, 2009 City Council meeting agenda.
Chair Larson opened the floor to Commission questions.
Chair Larson asked to clarify that this request would be a variance
request and not a special use or conditional use permit request.
City Planner Beekman stated that this is a variance request because of
the location of the detached garage and a site plan review is required
because of the size of the proposed structure.
Commissioner Holewa asked what other structures were located on
the property.
City Planner Beekman stated that there was a 70 square foot shed and
an attached garage on the property. The attached garage is not
included in the site plan review because it is not a detached structure.
Motion by Commissioner Zimmerman, seconded by
Commissioner Modesette, to approve Planning Case 09-017;
Variance and Site Plan Review; 3413 Snelling Avenue N; with
conditions based on the findings of fact and the submitted clans,
as proposed in the September 9, 2009, planning case reuort. The
motion carried unanimously.
Commissioner Thompson rejoined the meeting at 6:40 p.m.
Attachment B
September 9, 2009,
Report to the Planning Commission
Available online at:
http:://www.ci.arden-hills.mn.us
September 28, 2009, City Council Meeting