HomeMy WebLinkAbout5.b. Request by Tiffany Livingston VarianceEXECUTIVE SUMMARY
Board of Appeals and Adjustment Meeting: August 28, 2018
AGENDA ITEM: 18-44-V Request by Tiffany Livingston for
a Variance from the Side Yard Setback
Requirement for Accessory buildings in
the RR-Rural Residential Zoning District
AGENDA SECTION:
Public Hearing
PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.b.
ATTACHMENTS: Resolution, Site Location Map, Site
Aerial, Site Photos, Site Plan, Building
Plans
APPROVED BY: KL
RECOMMENDED ACTION:
Motion by the Board of Appeals and Adjustments to approve a variance from the Rural
Residential side yard setback standard for accessory buildings from thirty (30) feet to fifteen
(15) feet.
SUMMARY
The Planning Commission, acting as the Board of Appeals and Adjustments, is being asked to consider an
application from Tiffany Livingston for a variance from the side yard setback requirement of 30 feet in the
RR-Rural Residential zoning district to build an accessory building 15 feet from the side property
boundary. The applicant is proposing to build a detached garage that would be side-loading to take
advantage of an existing driveway. Due in part to the unique circumstances of the neighborhood, which
will be detailed below, staff is recommending approval of the variance request.
Applicant and Owner: Tiffany Livingston
Location: 2175 128th Street West
Area in Acres: 0.81 acres
Comp. Guide Plan Designation: TR-Transitional Residential
Current Zoning: RR-Rural Residential
BACKGROUND
The applicant’s property is located west of Bacardi Avenue a bit over .5 miles north of Bonaire Path in a
small-lot subdivision in the Rural Residential zoning district. The applicant is proposing a two-stall
detached garage on the eastern portion of the property that was originally a separate parcel that has now
been combined with the parcel on with the principle structure stands. The drainage field for a new septic
system will also be located on this side of the property, north of the location of the proposed garage.
The applicant indicates that the reasoning behind their desire to locate the garage within the side yard
setback is twofold. First, a side-loading garage would allow them to take advantage of an existing
secondary driveway on the property. The principle driveway is located along the western property line.
Second, the applicant would also like to preserve the mature trees close to the house. If the garage were
placed closer to the house and farther from the side lot line, the applicant feels the trees would need to be
removed to maintain maneuverability into the side-loading garage. Specifically, the backing in of a boat
trailer or recreational vehicle would not be possible otherwise. The plans provided by the applicant for the
proposed garage show a building height of 17 feet, which is below the maximum building height for the
2
R1 zoning district.
The neighborhood where the property is located is unique in that it is zoned Rural Residential, but the lots
were drawn, prior to the adoption of the RR zoning district, similarly to those located in the R1 zoning
district in both lot area and lot width. The major difference between the lots in this neighborhood and lots
located in the R1 zoning district is the lack of urban services. The Planning Commission has
recommended that the 2030 MUSA line be amended to include this neighborhood so that urban services
(sewer and water) can be made available when septic systems need to be replaced on lots that offer no
alternate site for a new system. That being said, the site is currently zoned RR, and there are five standards
that must be met to justify a variance.
ISSUE ANALYSIS
Variance Standards
According to Section 11-12-2.G, there are five criteria for the Board of Appeals and Adjustments to
review when considering a variance request. The five criteria used to assess each request along with staff’s
findings for each are listed below. While weighing a variance request against these criteria, there are also
two key issues to consider. The first is whether the applicant has reasonable use of their property without
the variance. The second is whether the project can be redesigned to eliminate or reduce the need for a
variance. The Board of Zoning Appeals must approve or deny each request based on findings related to
each of the five standards.
1. The variance request is in harmony with the purposes and intent of the ordinance.
Finding: Staff finds that the request is in harmony with the purposes and intent of the ordinance.
Detached garages are accessory uses in the RR zoning district.
2. The variance is consistent with the comprehensive plan.
Finding: The site is designated as Transitional Residential. Since it lies outside of the 2030 MUSA
and is without urban services, the appropriate zoning is RR. The Planning Commission is
recommending the inclusion of the site and surrounding area in the 2030 MUSA with the
comprehensive plan update. If the area were to have urban services, the appropriate zoning would
be R1, and the setbacks requirements would be met without the need for a variance. A rezoning is
generally only done in conjunction with a development, so the area will likely remain zoned RR.
3. Granting of the variance allows reasonable use of the property.
Finding: Granting the variance would allow the property owner to enjoy their property to its
fullest potential without the removal of additional trees.
4. There are unique circumstances to the property which are not created by the landowner.
Finding: Staff finds that there are unique circumstances to this property, as well as the others in
this subdivision. The parcels are all held to the regulations of the RR zoning district, but not one
meets the dimensional standards of the RR zoning district.
5. Granting of the variance does not alter the essential character of the locality.
Finding: The essential character of the locality would not be altered by granting the variance. The
character of the neighborhood is more in line with the R1 zoning district, and if the R1 zoning
standards for setbacks were applied to this, and other properties in the vicinity, there would be no
need for a variance.
RECOMMENDATION
3
Staff has received one comment from the public regarding this application. The comment came from the
person residing next door to the subject parcel. Their concerns were regarding the house on the other side
of their property being located very close to that property line as well as drainage as there is no storm
sewer system in the area. They indicated that they were opposed to the granting of the variance. Because
the development is, in effect, designed as if it were in the R1 zoning district, the area is designated as
transitional residential and has the potential to be rezoned to R1 in the future, and the proposed garage
meets the setback requirements of that zoning district, staff is comfortable recommending approval of the
variance request by the Board of Appeals.
Resolution BA2018-04 1
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION BA2018-04
A RESOLUTION APPROVING A VARIANCE FROM THE RURAL RESIDENTIAL
SIDE YARD SETBACK STANDARD FOR ACCESSORY BUILDINGS FROM THIRTY
(30)FEET TO FIFTEEN (15) FEET.
WHEREAS, Tiffany Livingston, 2175 128th Street West, (the “Applicant”) has submitted an
application to the City Rosemount (the “City”) for a variance from the Rural Residential side yard
setback standard for accessory buildings from thirty (30) feet to fifteen (15) feet to construct a
detached garage; and
WHEREAS, notice has been published, mailed and posted pursuant to the Rosemount Zoning
Ordinance, Section 11-12-2; and
WHEREAS, the Rosemount Board of Appeals and Adjustments held a public hearing and
considered said on said matter on August 28, 2018; and
NOW, THEREFORE, based on the testimony elicited and information received, the Rosemount
Board of Appeals and Adjustments makes the following:
FINDINGS
1.That the procedures for obtaining said Variance are found in the Rosemount Zoning
Ordinance, Section 11-12-2.
2.That all the submission requirements of said Section 11-12-2 have been met by the
Applicant.
3.That the proposed variance will allow the construction of a detached garage at 2175 128th
Street West that is a legal non-conforming building because it encroaches upon the side yard
setback required by the Zoning Ordinance.
4.That the Variance will be located on property legally described as follows: Lots 2 and 3,
Block 2, JAY SIMON’S 1ST ADDITION.
5.The variance request is in harmony with the purposes and intent of the ordinance.
Finding: Staff finds that the request is in harmony with the purposes and intent of the
ordinance. Detached garages are accessory uses in the RR zoning district.
6.The variance is consistent with the comprehensive plan.
Resolution BA2018-04 2
Finding: The site is designated as Transitional Residential. Since it lies outside of the 2030
MUSA and is without urban services, the appropriate zoning is RR. The Planning
Commission is recommending the inclusion of the site and surrounding area in the 2030
MUSA with the comprehensive plan update. If the area were to have urban services, the
appropriate zoning would be R1, and the setbacks requirements would be met without the
need for a variance. A rezoning is generally only done in conjunction with a development,
so the area will likely remain zoned RR.
7.Granting of the variance allows reasonable use of the property.
Finding: Granting the variance would allow the property owner to enjoy their property to its
fullest potential without the removal of additional trees.
8.There are unique circumstances to the property which are not created by the landowner.
Finding: Staff finds that there are unique circumstances to this property, as well as the others
in this subdivision. The parcels are all held to the regulations of the RR zoning district, but
not one meets the dimensional standards of the RR zoning district.
9.Granting of the variance does not alter the essential character of the locality.
Finding: The essential character of the locality would not be altered by granting the variance.
The character of the neighborhood is more in line with the R1 zoning district, and if the R1
zoning standards for setbacks were applied to this, and other properties in the vicinity, there
would be no need for a variance.
CONCLUSIONS AND DECISION
Based on the foregoing, the Applicant’s application for a Variance is granted.
Passed and duly adopted this 28th day of August, 2018, by the Board of Appeals and Adjustments of
the City of Rosemount, Minnesota.
__________________________________
Melissa Kenninger, Chair
ATTEST:
________________________________
Stacy Bodsberg, Planning & Personnel Secretary
Dakota County, MN
Property Information
Au gust 16, 2018
0 450 900225 ft
0 130 26065 m
1:4,800
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
WWEESSTT EELLEEVVAATTIIOONN
SSCCAALLEE:: 11//44"" == 11''--00""
11
11
16" O.H.
ALUM. SOFFIT & FASCIA
4" MAINTENANCE FREE SIDING
TO BLEND WITH EXISTING HOUSE
12
8
8" CMU BLOCK CURB
4" CORNER TRIM
4" WINDOW & DOOR TRIM
SSOOUUTTHH EELLEEVVAATTIIOONN
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ARCHITECTURAL
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ALUM. SOFFIT & FASCIA
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TO BLEND WITH EXISTING HOUSE
12
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4" CORNER TRIM
4" WINDOW & DOOR TRIM
NNOORRTTHH EELLEEVVAATTIIOONN
SSCCAALLEE:: 11//88"" == 11''--00""
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ARCHITECTURAL
ASPHALT SHINGLES
12" O.H.
4" M.F. LAP SIDING
BLEND WITH HOUSE
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DISCLAIMER: All ideas, designs, arrangements, plans and specifications indicated
or represented by this drawing are owned by, and the property of Your Home By
Design and were created, evolved, or developed for use on and in connection with,
the specified project. None of these ideas, designs, arrangements, plans and
specification shall be used or disclosed to any person, firm, or corporation of/for any
purpose whatsoever without the written permission of Your Home By Design.
Contact with these plans or specifications shall constitute conclusive evidence of
acceptance of these restrictions. Written dimensions on all drawings shall have
precedence over scaled dimensions; contractors shall verify, and be responsible for,
all dimensions and conditions on the job. This office must be notified of any
variations from dimensions and conditions shown by these drawings.
PPRROOJJEECCTT::
BONUS ROOM
TOTAL
UPPER FLOOR
MAIN FLOOR
LOWER FLOOR
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3-2X12 or 2-9 1/2" LSL HDR 2-x10 HDR2-x10 HDR2-x10 HDR2-x10 HDR2-x10 HDR2-x10 HDR2-9 1/2" LSL HDRMARVIN INTEGRITY ALL ULTREXCN 3030 - R.O. 36" x 36"MARVIN INTEGRITY ALL ULTREXCN 3030 - R.O. 36" x 36"MARVIN INTEGRITY ALL ULTREXCN 3030 - R.O. 36" x 36"MARVIN INTEGRITY ALL ULTREXCN 3030 - R.O. 36" x 36"MARVIN INTEGRITY ALL ULTREXCN 3030 - R.O. 36" x 36"3-2x10 HDR
13' CEILING HEIGHT
CONC. FLR SLOPED TO O.H. DOORS
OPEN STORAGE
UNDER STAIR
ATTIC/STORAGE TRUSSES
@ 24" O.C.
30'-0"40'-0"GGAARRAAGGEE FFOOUUNNDDAATTIIOONN
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4" FLOATING CONCRETE SLAB w/
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DISCLAIMER: All ideas, designs, arrangements, plans and specifications indicated
or represented by this drawing are owned by, and the property of Your Home By
Design and were created, evolved, or developed for use on and in connection with,
the specified project. None of these ideas, designs, arrangements, plans and
specification shall be used or disclosed to any person, firm, or corporation of/for any
purpose whatsoever without the written permission of Your Home By Design.
Contact with these plans or specifications shall constitute conclusive evidence of
acceptance of these restrictions. Written dimensions on all drawings shall have
precedence over scaled dimensions; contractors shall verify, and be responsible for,
all dimensions and conditions on the job. This office must be notified of any
variations from dimensions and conditions shown by these drawings.
PPRROOJJEECCTT::
BONUS ROOM
TOTAL
UPPER FLOOR
MAIN FLOOR
LOWER FLOOR
FFIINNIISSHHEEDD SSQQ.. FFTT..PPAAGGEE ##::SSHHEEEETT TTIITTLLEE::
2175 128TH ST W
ROSEMOUNT, MN
22FFOOUUNNDDAATTIIOONN
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ASPHALT SHINGLES
15# ROOF FELT
1/2" OSB w/ H-CLIPS
ICE & WATER WITHIN 2'-0" OFF EXTERIOR WALL
PRE-MANUFACTURED TRUSSES @ 24" O.C.
TRUSS MANUF. TO VERIFY DESIGN & HEEL HGT.
ALUM. ROOF EDGE
ALUM. FASCIA COVER
ALUM. SOFFIT PANELS
2x6 SUB-=FASCIA
4" POURED CONC. SLAB
w/ 12" x 8" THICKENED EDGE
REBAR PER CODE
4mil POLY
6-8" GRAVEL DRAINFIELD
SIDING PER ELEVATION
TYVEK HOUSE WRAP
1/2" OSB SHEATHING
2x6 STUDS @ 16" O.C.
2x6 TRTD. SILL PLATE
6" x 8" CMU BLOCK CURB
1/2" DIA. ANCHOR BOLTS @ 6' O.C.
3/4" T&G SUBFLOOR
VENT 1/300 OF ATTIC
50% @ RIDGE
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ALL GIRDERS AND BEAMS RELATIVE TO THE ROOF
STRUCTURE ARE TO BE ENGINEERED AND DESIGNED
BY THE TRUSS MANUF. PLEASE REFER TO THE SPEC/
LAYOUT SHEETS PROVIDED BY THE TRUSS MANUF.
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10"7 1/2"13'-10"6'-10"SSTTAAIIRR SSEECCTTIIOONN
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22
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7 3/4" MAX RISE
10" MIN. TREAD
6'-10" HEADROOM
3-2X12 STRINGERS
AS PER CODE
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DISCLAIMER: All ideas, designs, arrangements, plans and specifications indicated
or represented by this drawing are owned by, and the property of Your Home By
Design and were created, evolved, or developed for use on and in connection with,
the specified project. None of these ideas, designs, arrangements, plans and
specification shall be used or disclosed to any person, firm, or corporation of/for any
purpose whatsoever without the written permission of Your Home By Design.
Contact with these plans or specifications shall constitute conclusive evidence of
acceptance of these restrictions. Written dimensions on all drawings shall have
precedence over scaled dimensions; contractors shall verify, and be responsible for,
all dimensions and conditions on the job. This office must be notified of any
variations from dimensions and conditions shown by these drawings.
PPRROOJJEECCTT::
BONUS ROOM
TOTAL
UPPER FLOOR
MAIN FLOOR
LOWER FLOOR
FFIINNIISSHHEEDD SSQQ.. FFTT..PPAAGGEE ##::SSHHEEEETT TTIITTLLEE::
2175 128TH ST W
ROSEMOUNT, MN
33BBUUIILLDDIINNGG SSEE CCTT IIOONN
&& RROOOOFF PP LLAA NN-
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