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Home My WebLink About6.n. Receive letter of Appeal and Set Public Hearing - Gary & Wendy Raakr CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION City Council Meeting Date: February 6, 2003 AGENDA ITEM: Receive Letter of Appeal of a Planning Commission Decision. AGENDA SECTION: Consent PREPARED BY: Rick Pearson, City Planner AGENDA 17M N ATTACHMENTS: Letter of Appeal, Correspondence. .6/- APPROVED BY: Applicant & Property Owner(s): Gary & Wendy Jo Raak Location: 13429 South Robert Trail Comp. Guide Plan Desig: Transition Residential Current Zoning: Rural Residential Zoning Issue: Compliance with Accessory Structure Standards Section 7.2.A.6.b & d. Planning Commission Action: Uphold Staff interpretation of zoning ordinance SUMMARY Mr. & Ms. Raak own the farmstead on South Robert Trail west of the Brockway Golf Course. They hope to re- roof the barn and other outbuildings with standing seam metal roofs. The zoning ordinance specifies under Section 7.2.A.6 Accessory Buildings: b. Roofs shall be shingled with asphalt, wood, or tile to match the home (principal building). (and,) d. Siding which is identical or closely matches the home (principal building) shall be incorporated into the design of the accessory building. Staff's interpretation of the zoning ordinance standards required the proposed roof materials to match the home by both color and texture. Mr. & Ms. Raak believe that matching color only should be acceptable. On January 14, 2003, the Planning Commission reviewed and adopted a motion to uphold the Staff interpretation. The Raaks are now exorsizing their right to appeal the Planning Commission action. A public hearing is required to hear the appeal. The soonest public hearings could be scheduled would be February 20 or March 6, 2003. RECOMMENDED ACTION: Motion to receive the letter of appeal and schedule a public hearing for February 20, 2003. CITY COUNCIL ACTION: r n LARRYS.SEVERSON MICHAEL G. DOUGHERTY* MICHAEL E. MOLENDA$ LOREN M.SOLFEST ** SHARON K. HILLS DAVID L. KNUTSON ROBERT B. BAUER* CHRISTOPHER A. GROVE SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW SUITE 600 7300 WEST 147TH STREET APPLE VALLEY, MINNESOTA 55124 -7580 (952) 432 -3136 TERRENCE A. MERRITT$ ANNETTE M. MARGARIT STEPHEN A. LING KRISTINE K. NOGOSEK CHRISTINE J. CASSELLIUS$ MICHAEL D. KLEMM EMILY FOX WILLIAMS BRANDON D. DERRY OF COUNSEL JAMES F. SHELDON TELEFAX NUMBER (952) 432 -3780 January 21, 2003 City of Rosemount 2875 —145 Street West Rosemount, Minnesota 55068 -4997 Attn: Richard Pearson, AICP City Planner Re: Gary and Wendy Jo Raak- Appeal VIA FACSIMILE AND US MAIL 13429 South Robert Trail, Rosemount, Minnesota 55068 651.423.4424 Our file #: 6053 -20899 Dear Mr. Pearson: The above- referenced matter came on for hearing before the Planning Commission on January 14, 2003 which hearing was respecting the denial of a building permit for roofing and siding materials in renovation of my clients' farmstead at 13429 South Robert Trail, Rosemount, Minnesota 55068. My clients, at this time, would wish to appeal the decision of the Planning Commission, acting as the Board of Appeals and Adjustments, to the City Council We have enclosed a check in the amount of $165.00 as and for the filing fee of the same. If you have any questions in respect to this request, please be in contact with the undersigned or with my clients directly. Sincerely, SEVERSON, SHELDON, DOUGHERTY & MOLENDA, P.A. L everson LS 1pjk Enc. C: Mr. and Mrs. Gary T. Raak INDIVIDUAL ATTORNEYS ALSO LICENSED IN IOWA AND WISCONSIN $QUALIFIED NEUTRAL UNDER RULE 114 OF THE MINNESOTA GENERAL RULES OF PRACTICE *CERTIFIED REAL PROPERTY LAW SPECIALIST, MSBA 13429 South Robert Trail, Rosemount, MN 55068 (651) 322 -5577 January 7, 2003 City Hall Planning Commissioners 2875 W. 145 Street Rosemount, MN 55068 Dear Planning Commissioners: Gary & I have been in the process of improving and restoring all our out building at 13429 South Robert Trail. We did not think that a building permit was necessary since we're just recovering the old material with new and improved material. Then the building inspector informed us differently. We went to City Hall to get a permit and were informed that the materials we were using needed to match our primary residence. While at City Hall, we could not get a true definition and understanding of match (color, shape, size, texture ? ? ?), so were instructed to attend the city meeting on Tuesday, January 14, 2003 to explain what our project consists of and how we were planning to do it. Please review the pictures of the buildings as they are today. This is what we have in mind for our re- covering project: • Keep the historic character that they have with updated and new materials. • Re -roof all out buildings with standard brown metal roofing. (Samples will be available at meeting:) • Re -side all out buildings with standard tan metal siding. (Samples will be available at meeting.) Our primary residence has cedar shakes that are dark brown due to weathering. As you can see from the pictures, the brown metal and cedar shakes are almost the same color. We expect that by having the roofs on all re- covered in dark brown that they match the cedar shakes per the city rule. Most all people traveling up and down Highway 3 would agree that the new and updated materials we are proposing to use will look much better than what the currently look like. We hope that you will give us the approval to continue our project. Sincerely, r � i Ga & Wendy Jo Raak Property Owners 1 «r