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Home My WebLink About5.b. Request by Tiffany Livingston Variance EXECUTIVE SUMMARY Board of Appeals and Adjustment Meeting: September 17, 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 September 17, 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 17th day of September, 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 SSCCAALLEE:: 11//88"" == 11''--00"" 44 11 ARCHITECTURAL ASPHALT SHINGLES 12" O.H. EEAASSTT EELLEEVVAATTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 22 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 NNOORRTTHH EELLEEVVAATTIIOONN SSCCAALLEE:: 11//88"" == 11''--00"" 22 11 ARCHITECTURAL ASPHALT SHINGLES 12" O.H. 4" M.F. LAP SIDING BLEND WITH HOUSE - -LL IIVVIINNGG SS TTOO NN GGAA RRAAGG EE 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 EE XXTT EE RRIIOORR EELLEEVV AATT IIOONN SS 11 - - - 3068 6' x 7' INSULATED O.H. DOOR12' x 12' INSULATED O.H. DOOR 10' x 10' INSULATED O.H. DOOR 30'-0"40'-0"30'-0"40'-0"8'-0"12'-0"12'-0"8'-0"2'-5"10'-2"2'-10"12'-2"2'-5"4'-4"6'-2"5'-0"9'-0"10'-6"5'-0"4'-0"26'-0"4'-0"GGAARRAAGGEE UP 22 RHALF WALL w/ WOOD CAP GGAARRAAGGEE FFLLOOOORR PPLLAANN SSCCAALLEE:: 11//44"" == 11''--00"" 22 22 1 3 1 3 1 1 1 1 2 1 2 1 3 1 3 1 4 1 4 1 2 3 2 3 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 SSCCAALLEE:: 11//44"" == 11''--00"" 11 22 4" FLOATING CONCRETE SLAB w/ 12" x 8" THICKENED PERIMETER - REBAR PER CODE - -LL IIVVIINNGG SS TTOO NN GGAA RRAAGG EE 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 && FF LLOOOORR PPLLAA NN- - - 7'-6"10"13'-0"14'-0" BBUUIILLDDIINNGG SSEECCTTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 11 33 12 8 16" O.H. 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 50% @ SOFFIT 88::1122 AATTTTIICC TTRRUUSSSSEESS 88::1122 AATTTTIICC TTRRUUSSSSEESS 1122"" OO..HH.. @@ AALLLL RRAAKKEESS 1122"" OO..HH.. @@ AALLLL RRAAKKEESS 1166"" OO..HH.. @@ AALLLL EEAAVVEESS1166"" OO..HH.. @@ AALLLL EEAAVVEESSNOTE:NOTE: 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. GGAARRAAGGEE RROOOOFF PPLLAANN SSCCAALLEE:: 11//88"" == 11''--00"" 33 33 10"7 1/2"13'-10"6'-10"SSTTAAIIRR SSEECCTTIIOONN SSCCAALLEE:: 11//44"" == 11''--00"" 22 33 7 3/4" MAX RISE 10" MIN. TREAD 6'-10" HEADROOM 3-2X12 STRINGERS AS PER CODE - -LL IIVVIINNGG SS TTOO NN GGAA RRAAGG EE 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- - -