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HomeMy WebLinkAbout5.a. Request by Christopher Handley for a Variance from the Front and Side Yard Setback EXECUTIVE SUMMARY Board of Appeals and Adjustment Meeting: November 27, 2018 AGENDA ITEM: 18-54-V: Request by Christopher Handley for a Variance from the Front and Side Yard Setback Requirements for Principal Structure in the RR-Rural Residential Zoning District AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Planner AGENDA NO. 5.a. ATTACHMENTS: Resolution, Site Location, Site Aerial, Existing Conditions, Site Plan, Architectural Plans APPROVED BY: KL RECOMMENDED ACTION: Motion to adopt a resolution approving a variance to reduce the Rural Residential front yard setback standard from sixty (60) feet to seventeen (17) feet and the side yard setback standard from thirty (30) feet to ten (10) feet, subject to conditions. SUMMARY The Planning Commission, acting as the Board of Appeals and Adjustments, is being asked to consider an application from Christopher Handley for a variance from the front and side yard setbacks in the Rural Residential zoning district. The request is to reduce the front yard from sixty feet to seventeen feet and the side yard setback from thirty feet to ten feet. The applicant is proposing to build a new home that would replace the existing principal structure on the site. The home will meet the existing setback of 17 feet on the western boundary, currently the front yard, along Highway 3. While the applicant originally requested a 7-foot setback from the right of way along the southern property boundary, staff has asked them to adjust their plans to increase the setback to ten feet. One of the main public benefits associated with the proposal is that site access will be moved from Highway 3/South Robert Trail to 130th Street West. A major constraint to the site is the wetland located within the property. A second constraint is the location of the septic system. It was installed prior to the current owner purchasing the property. The proposed house does not encroach upon the required 75-foot setback from the wetland located on the site. The current structure is small and is also non-compliant. Because of the site constraints and reasonable site plan, along with the fact that the 75-foot buffer from the wetland is being maintained and site access is shifted, staff is recommending approval of the variance request, subject to conditions contained in the resolution. Applicant and Owner: Christopher Handley Location: 12976 South Robert Trail Area in Acres: 6.99 acres Comp. Guide Plan Designation: TR-Transitional Residential Current Zoning: RR-Rural Residential 2 BACKGROUND The applicant’s property is located in the northeast quadrant of the intersection of South Robert Trail and 130th Street West in the Rural Residential Zoning district. The applicant is proposing demolition of the existing 1,400 square foot dwelling and garage, replacing it with a 3,000 square foot structure (including home and attached garage). The existing home is set 17 feet back from the western property boundary along South Robert Trail and is approximately 70 feet from the roadway pavement. The standard front yard setback in the Rural Residential zoning district is forty feet. Because the lot is located on an arterial road, an additional twenty feet of front yard setback is required. Over the years, additional right of way was acquired by MnDOT resulting in the existing nonconformity with regard to the front yard setback. The applicant is requesting a variance that allows the existing setback from South Robert Trail to be maintained, which is supported by staff. Included in the applicant’s variance request is a reduction of the south side yard setback from thirty feet to seven feet. During the review period, the applicant and staff agreed on adjusting the plan to move the house an additional three feet north. In doing so, a ten-foot setback from that right of way can be maintained. The plans included with the attachments are the original plans showing a seven-foot setback from the southern right of way. Final plans will be administratively reviewed during the building permit approval process to ensure compliance with the conditions contained the variance approval, including a 10’south side yard setback. The main constraint on the site is a wetland that occupies approximately 4.75 acres of the nearly seven- acre parcel. According to the City’s Comprehensive Wetland Management Plan, the wetland is classified as Preserve. Wetlands placed into the Preserve category provide the highest function for vegetative diversity and wildlife habitat. The Comprehensive Wetland Management Plan requires a buffer of 75 feet from the edge of this particular wetland. Plans submitted by the applicant indicate that the proposed house would be located over eighty feet from the wetland. Staff is not recommending a variance from the wetland setback requirement, nor is the applicant requesting one. An additional constraint on the property, created by the previous property owner, is the location of the private septic system. Prior to the applicant’s purchase of the property a new septic system was installed. The location of the mound system prevents the home to be moved eastward, farther from South Robert Trail. With demolition of the existing house, and the proposed new construction, access to the site will be shifted from South Robert Trail/Highway 3 to 130th Street. A condition of approval will be removal of the existing access including establishing vegetation at the driveway location. Staff encourages the applicant to plant shrubbery to screen the property from Hwy 3, in the vicinity of the current driveway. 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 is also the issue of practical difficulties which has a three-factor test. The first factor is whether the property owner proposes to use the property in a reasonable manner; the second factor is uniqueness, meaning that the problem is due to circumstances unique to the property and not caused by the landowner, and the final third factor is essential character; if the variance is granted it will not alter the essential character of the locality. These three factors comprise practical difficulty and should be kept in mind when reviewing the City’s defined five standards below: 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. 3 2. The variance is consistent with the comprehensive plan. Finding: The site is designated as Transitional Residential. The variance is consistent with that land use designation. Additionally, the variance is consistent with the comprehensive plan as it relates to wetlands. 3. Granting of the variance allows reasonable use of the property. Finding: The site has several physical constraints and associated regulations which make development on the site difficult. The applicant indicates that the access on South Robert Trail/Highway 3 is untenable due to increasing traffic volumes. It is not possible to change the access to 130th Street with the existing home in its current configuration. Due to the current property dimensions, a result of MnDOT’s acquisition of right of way along Highway 3, it is not possible to construct a new house that meets both the setbacks from the west and south property lines while maintaining the proper setback from the wetland. 4. There are unique circumstances to the property which are not created by the landowner. Finding: The circumstances that most clearly necessitate the variance are the increased right of way width along South Robert Trail/Highway 3, the increase in traffic volume that has occurred since the existing home was built in 1946, and the adoption by the City of the Comprehensive Wetland Management Plan. The location of the septic system also limits the location of a new rebuilt house. 5. Granting of the variance does not alter the essential character of the locality. Finding: The applicant is proposing demolition of an existing home and replacing it with another single family home. The necessary setback from the shoreline will be maintained. Staff finds that given the development character of the neighborhood, the essential character of the locality will remain intact. RECOMMENDATION Staff has received no comments from the public regarding this application. The parcel boundaries have been altered since the site was originally developed and the proposed house meets the current setback of the existing structure along South Robert Trail/Highway 3. Additionally, staff finds substantial public benefit to moving the access of the property from South Robert Trail/Highway 3 to 130th Street West. For these reasons, and based on information provided by the applicant and detailed in this report, staff is recommending approval of the variance request by the Board of Appeals, subject to conditions. 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION BA2018-05 A RESOLUTION APPROVING A VARIANCE FROM THE RURAL RESIDENTIAL FRONT YARD SETBACK STANDARD FOR PRINCIPAL STRUCTURES FROM SIXTY (60) FEET TO SEVENTEEN (17) FEET AND FROM THE RURAL RESIDENTIAL SIDE YARD SETBACK STANDARD FOR PRINCIPAL STRUCTURES FROM THIRTY (30) FEET TO TEN (10) FEET. WHEREAS, Christopher Handley, 12976 South Robert Trail, (the “Applicant”) has submitted an application to the City of Rosemount (the “City”) for a variance from the Rural Residential front yard setback standard for principal structures from sixty (60) feet to seventeen (17) feet and the side yard setback standard for principal structures from thirty (30) feet to ten (10) feet. 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 for a variance from the 60’ front yard setback to 17’ and from the 30’ side yard setback to 10’ on November 27, 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 house at 12976 South Robert Trail that is a legal non-conforming building because it encroaches upon the front and side yard setbacks required by the Zoning Ordinance. 4. That the Variance will be located on property legally described as follows: The South 594.2 feet of that part of the Southwest Quarter (SW ¼) of the Southeast Quarter (SE ¼) of Section Seventeen (17), Township One Hundred and Fifteen (115), Range Nineteen (19), lying East of the East line of State Trunk Highway No. 3, Dakota County, Minnesota. 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. 6. The variance is consistent with the comprehensive plan. Finding: The site is designated as Transitional Residential. The variance is consistent with that land use designation. Additionally, the variance is consistent with the comprehensive plan as it relates to wetlands. 7. Granting of the variance allows reasonable use of the property. Finding: The site has several physical constraints and associated regulations which make development on the site difficult. The applicant indicates that the access on South Robert Trail/Highway 3 is untenable due to increasing traffic volumes. It is not possible to change the access to 130th Street with the existing home in its current configuration. Due to the current property dimensions, a result of MnDOT’s acquisition of right of way along Highway 3, it is not possible to construct a new house that meets both the setbacks from the west and south property lines while maintaining the proper setback from the wetland. 8. There are unique circumstances to the property which are not created by the landowner. Finding: The circumstances that most clearly necessitate the variance are the increased right of way width along South Robert Trail/Highway 3, the increase in traffic volume that has occurred since the existing home was built in 1946, and the adoption by the City of the Comprehensive Wetland Management Plan. The location of the septic system also limits the location of a new rebuilt house. 9. Granting of the variance does not alter the essential character of the locality. Finding: The applicant is proposing demolition of an existing home and replacing it with another single family home. The necessary setback from the shoreline will be maintained. Staff finds that given the development character of the neighborhood, the essential character of the locality will remain intact. 3 CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the following conditions: 1. The existing access from South Robert Trail shall be removed and driveway and access to be restored consistent with the surrounding right of way. 2. Final building plans shall remain substantially consistent with those submitted with the variance application. 3. A minimum setback of seventy-five (75) feet from the wetland shall be maintained. Passed and duly adopted this 27th day of November, 2018, by the Board of Appeals and Adjustments of the City of Rosemount, Minnesota. __________________________________ Melissa Kenninger, Chair ATTEST: ________________________________ Stacy Bodsberg, Planning & Personnel Secretary REVISIONS REFERENCE DRAWN SCALE DATE SHEET BOOK/PAGE JOB NO. CERTIFICATE OF SURVEY FOR: CHRIS HANDLEY Woodrow A. Brown, R.L.S. MN REG 15230 W. BROWN LAND SURVEYING, INC. REMARKS SITE ADDRESS BENCHMARK 08-17-2018Dated:EMAIL: INFO@WBROWNLANDSURVEYING.COM W. BROWN LAND SURVEYING, INC. 8030 Cedar Avenue So., Suite 228.W B Bus: (952) 854-4055 Fax: (952) 854-4268 Bloomington, MN 55425 N SCALE IN FEET LEGEND BOUNDARY SURVEY N PROPERTY DESCRIPTION SCALE IN FEET //////////17.1'TO PROPERTY LINE15' TO PROPERTY LINE 45'-8"SEPTIC32'-3"SEPTIC49'-10"SEPTICMAIN HOUSEGARAGE29'-10"SEPTIC72' 14'14'30' 42'- 1 "22'MAX.NLEGEND//// //EMAIL: INFO@WBROWNLANDSURVEYING.COMW. BROWN LAND SURVEYING, INC.8030 Cedar Avenue So., Suite 228.WBBus: (952) 854-4055Fax: (952) 854-4268Bloomington, MN 5542518SITE PLAN WITH ROOF PLANA1 SCALE: 1/16" = 1'-0"