HomeMy WebLinkAboutI.5.a. Request by Tiffany Livingston
EXECUTIVE SUMMARY
Board of Appeals and Adjustment Meeting: September 25, 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.a.
ATTACHMENTS: Resolution; Excerpt from the Sept. 17,
2018 Planning Commission Meeting; Site
Location Map; Revised Site Plan; Garage
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
twenty (20) feet at 2175 128th Street W.
UPDATE
The Planning Commission, acting as the Board of Appeals and Adjustment, held a public hearing to
review the request for a variance from the side yard setback requirement for accessory buildings in the RR-
Rural Residential to construct a detached garage 15 feet from the side property line. The public hearing
was continued to the regular Planning Commission meeting on September 25 to allow staff to work with
the applicant to develop a revised site plan and give the applicant an opportunity to speak with neighbors
who were opposed to the variance. Some Commissioners had expressed concern about the request,
noting that it was a large variance, that there were expectations that the neighborhood setbacks should be
met and that the most affected neighbors were opposed.
On September 18, staff met with the applicant and the neighbors at the site of the proposed detached
garage. Following that visit, the applicant submitted a revised site plan that shifted the detached garage so
that a 20-foot setback from the property line would occur. This is a 5’ increase in setback from the
previous proposal. In talking to the neighbor, it was indicated they may support the revised request. Staff
also discussed the fill that was brought to the site and requested some of the fills should be removed due
to drainage concerns. The 5’ shift in the building will assist in addressing any drainage concern. Staff will
review the grading of the site to confirm that it is in compliance with the City Code as part of the building
permit review process. The revised site plan is included with the attachments.
SUMMARY
The City received 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 a 1200 square foot accessory
building 15 feet from the side property boundary; this has since been revised to 20 feet. The applicant
proposed 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.
2
Applicant and Owner: Tiffany Livingston
Location: 2175 128th Street West
Area in Acres: 2.33 Acres (0.81 acres plus 1.52 acres adjacent to the north)
Comp. Guide Plan Designation: TR-Transitional Residential
Current Zoning: RR-Rural Residential
BACKGROUND
The applicant’s property is located west of Bacardi Avenue approximately .5 miles north of Bonaire Path
in a smaller-lot subdivision in the Rural Residential zoning district. The applicant has proposed 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 principal structure stands. The accessory structure is 30’ x 40’
and 1200 square feet which is the maximum size for an accessory structure in the RR District. The
drainage field for a new septic system has been installed just north of the 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 principal 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
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. Lot sizes vary from a low of .32 acres to 1.23
acres. 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.
3
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
Based upon the direction of the Planning Commission staff met with the applicant and the decision was
made to shift the garage 5’ further from the side lot line. It appears this additional 5’ may alleviate some of
the previously stated neighborhood concerns. Staff is recommending approval of the request.
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 TWENTY (20) FEET.
WHEREAS, Tiffany Livingston, 2175 128th Street West, (the “Applicant”) has submitted a revised
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 twenty (20) 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
continued the public hearing for a variance from 30’ setback to 15’ setback on September 17, 2018;
and
WHEREAS, the Rosemount Board of Appeals and Adjustments continued the public hearing to
September 25, 2018 on the revised request from 30’ to 20’; 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.
Resolution BA2018-04 2
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.
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 25th 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
5.b. Request by Tiffany Livingston to allow a Variance from the Side Yard Setback Requirement for Accessory
Buildings in the RR-Rural Residential Zoning District. (18-44-V) – Board of Appeals
Senior Planner Klatt gave a brief summary of the staff report for the Planning Commission.
Commissioner Kenninger inquired if the 15 feet from the property line is the furthest the garage could go. Klatt stated
that would be a question for the applicants but that the 15 feet seemed to be the best option for them to get their items
in and out of the garage. Kenninger inquired what the setback would be if the property was zoned low density. Klatt
stated that it would be a 10-foot setback.
Commissioner Reed questioned if the property was rezoned would the additional lots in that area go down to a 10-foot
setback. Klatt stated that would be a future decision but hypothetically the lots would go down to the lower setback of
10 feet. Reed questioned if the additional driveway was gravel or paved. Klatt stated that it is a gravel driveway.
Commissioner VanderWiel inquired if the proposed garage size would be allowed in an R1 zoning district. Klatt stated
that it would be larger than what is allowed in an R1 zoning district. The maximum garage size in the R-1 District is
1,000 sq feet and the proposed garage is 1,200 sq feet.
The public hearing opened at 7:00 pm.
Public Comments:
Greg & Debra Cysiewski, 2159 128th Street West, stated that they understand that a garage will be built but would like to
see it built further from the property line.
Jim Philp & Tiffany Livingston, 2175 128th Street West, stated that they would like the 15-foot setback so that they can
easily back in and turn around a boat or trailer.
Chair Kenninger stated that 30 feet would put the garage right up against the driveway and 15 feet is what they are
requesting. Is there anything in between that would work. Ms. Livingston stated that they have played around with their
different options but that the 15 feet seemed to be the best option for what they would like. They also don’t want to
have to remove any more trees. They would also prefer that the garage doors face the house versus the street. The septic
system went in where they had originally wanted to place the garage.
Senior Planner Klatt stated that another neighbor had contacted him. The neighbor indicated that he wasn’t opposed to
the variance but that he would like to see the entire neighborhood regulated similarly.
Greg Cysiewski, 2159 128th Street West, stated that the owners made it seem that the trees are a huge issue to remove
but they have removed a bunch of trees already. They are also concerned about property values because the building is
so close, a change in drainage, and don’t want the pile of dirt to remain at the back of the lot.
Tiffany Livingston, 2175 128th Street West, stated that the trees that were removed had to be taken down because of the
location of the septic system and some were dead so they were removed as well.
MOTION by VanderWiel to close the public hearing.
Second by Mele.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was closed at 7:16 pm.
Additional Comments:
Chair Kenninger inquired if there is any concern for the drainage in the location of the garage. Klatt stated that when the
building permit is approved it should definitely be looked.
Commissioner VanderWiel inquired if the garage wasn’t side loaded would there still be an issue. Klatt stated that the
setback would be increased. VanderWiel stated that the size of the garage is concerning. The setback that the applicant is
requesting doesn’t usually happen with the large size garage that they would like. The close setback to the property line
and the size of the structure does not sit well with her. VanderWiel would be in favor of approving the variance if the
structure was reduced in size.
Commissioner Reed stated that changing the placement of the garage would be possible.
Commissioner Mele stated that the size of the proposed garage is not too large under the properties current zoning.
Klatt confirmed that is correct.
Commissioner VanderWiel stated that when looking at the R1 standards the applicant is asking for the benefit of the R1
setback then the size of the building should be looked at as well. Having a smaller setback, the building should be
smaller according to the R1 requirements.
Commissioner Mele stated that he disagrees and that the owners aren’t necessarily asking for an exception to the R1
requirements.
Community Development Director Lindquist inquired if there is an acceptable setback that the Board may be okay with.
Staff also suggested continuing the item to give staff a chance to work with the applicant and the neighbor.
MOTION by Mele to reopen the public hearing.
Second by Freeman.
Ayes: 5. Nays: 0. Motion Passes.
The public hearing was re-opened at 7:33 pm.
Jim Philp, 2175 128th Street West, stated that he would like to get this resolved tonight. Mr. Philp stated that the concern
about drainage won’t be a problem when the project is finished. He explained how he has the project designed the water
is all draining away from the buildings. He indicated that the property and extra lot were originally purchased for the
construction of the garage.
Chair Kenninger stated that the public hearing will be continued until next week’s Planning Commission so that staff
can come out to the property. They will speak with the applicants and neighbors so that they can work out an
agreement.
MOTION by Reed to continue the Public Hearing to the September 25th, 2018, Planning Commission
meeting.
Second by VanderWiel.
Ayes: 5. Nays: 0. Motion Passes.
MOTION by VanderWiel to recess Board of Appeals and Adjustments meeting and reopen the Planning
Commission meeting.
Second by Reed.
Ayes: 5. Nays: 0. Motion Passes.
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
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11
11
16" O.H.
ALUM. SOFFIT & FASCIA
4" MAINTENANCE FREE SIDING
TO BLEND WITH EXISTING HOUSE
12
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4" CORNER TRIM
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SSOOUUTTHH EELLEEVVAATTIIOONN
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NNOORRTTHH EELLEEVVAATTIIOONN
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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
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UPPER FLOOR
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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""
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4" FLOATING CONCRETE SLAB w/
12" x 8" THICKENED PERIMETER - REBAR 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
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UPPER FLOOR
MAIN FLOOR
LOWER FLOOR
FFIINNIISSHHEEDD SSQQ.. FFTT..PPAAGGEE ##::SSHHEEEETT TTIITTLLEE::
2175 128TH ST W
ROSEMOUNT, MN
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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
50% @ SOFFIT
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AATTTTIICC TTRRUUSSSSEESS
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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
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10"7 1/2"13'-10"6'-10"SSTTAAIIRR SSEECCTTIIOONN
SSCCAALLEE:: 11//44"" == 11''--00""
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33
7 3/4" MAX RISE
10" MIN. TREAD
6'-10" HEADROOM
3-2X12 STRINGERS
AS PER CODE
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-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-
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