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HomeMy WebLinkAbout5.a. Boesen Variance EXECUTIVE SUMMARY Planning Commission Regular Meeting: September 28, 2021 AGENDA ITEM: 21-47-V Request by Pavane Boesen for a Variance from the Side Yard Setback Requirement for Accessory Structures in the RR-Rural Residential Zoning District. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 5.a. ATTACHMENTS: Resolution, Site Location, Site Aerial, Site Plan. APPROVED BY: AK RECOMMENDED ACTION: Motion by the Board of Appeals and Adjustments to Adopt a Resolution Approving a Variance from the RR-Rural Residential Side Yard Setback for Structures from thirty (30) to seven and one-half (7.5) feet at 12700 Dodd Boulevard, subject to the applicant receiving a building permit. SUMMARY The Planning Commission, acting as the Board of Appeals and Adjustments, is being asked to consider an application from Pavane Boesen for a variance from the structural side yard setback requirement for accessory structures of 30 feet to 7.5 feet to construct a detached garage on the property. The request was reviewed by staff in the planning and engineering departments, and staff is recommending the Board of Appeals and Adjustments approve a variance reducing the minimum side yard setback from 30 feet to 7.5 feet. Applicant and Owner: Pavane Boesen Location: 12700 Dodd Boulevard Area in Acres: 6.03 Acres Comp Guide Plan Designation: RR-Rural Residential Current Zoning: RR-Rural Residential BACKGROUND The subject parcel is located within the RR-Rural Residential zoning district which is comprised of neighborhoods of single-family homes located on larger lots in a more rural setting. These neighborhoods also exhibit many natural features such as rolling terrain and wetlands. The subject parcel features a single- family home that was constructed in 1986 and is located approximately 67 feet from the northern parcel boundary. Staff believes the site was chosen for the house due to the sloping topography leading from the home toward the wetland located in the southeast corner of the property that the builder would have had to avoid. An additional obstacle is the placement of the septic mound east of the house in the most likely spot for a detached garage. 2 Except for the encroachment into the minimum side yard setback, the proposed accessory building complies with all other requirements of the zoning ordinance. The applicant has provided plans that include elevations of the garage, which are included with the attachments. The structure will contain two parking stalls and a small space for an art studio. As with all public hearings, notices were sent to the owners of all properties within the code required radius of the subject parcel. Additionally, staff advised the applicants to speak with their neighbor immediately to the north. Staff has received no comments regarding this variance request. Staff finds that the request meets the standards for issuing a variance, and therefore recommends approval of the request for a variance from the side yard structural setback requirement of the RR-Rural Residential zoning district. Those standards and staff’s findings are listed below. 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 intend of the ordinance. The RR zoning district is intended to provide for a large lot rural residential lifestyle. 2. The variance is consistent with the comprehensive plan. Finding: The site is designated as Rural Residential. The variance request is consistent with that designation. 3. The property owner proposes to use the property in a reasonable manner. Finding: Staff finds that the variance permits the homeowner to use the property consistent with many others in the RR zoning district. 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. The topography and the existence of a wetland on the site required the home to be placed where it is. 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. Many other properties in the vicinity feature accessory structures in the form of detached garages. Variances were not needed in those instances due to the placement of the houses, septic systems, and other natural features. RECOMMENDATION Based upon the information provided by the applicant and the criteria for issuance of a variance, staff is supportive of the variance request, subject to the applicant receiving a building permit for the structure. 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION BA2021-02 A RESOLUTION APPROVING A VARIANCE FROM THE RR-RURAL RESIDENTIAL SIDE YARD SETBACK FOR STRUCTURES FROM THIRTY (30) TO SEVEN AND ONE-HALF (7.5) FEET. WHEREAS, Pavane Boesen, 12700 Dodd Boulevard, (the “Applicants”) have submitted an application to the City of Rosemount (the “City”) for a variance from the RR-Rural Residential side yard setback standard for structures from thirty (30) feet to seven and one-half (7.5) 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 30’ side yard setback to 7.5’ on September 28, 2021; 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 12700 Dodd Boulevard because it encroaches upon the rear yard setback required by the Zoning Ordinance. 4. That the Variance will be located on property legally described as follows: Lot 7, Block 1, Rosemount Hills Addition, Dakota County, Minnesota. 5. That the request is in harmony with the purposes and intend of the ordinance. The RR zoning district is intended to provide for a large lot rural residential lifestyle. 6. That the site is designated as Rural Residential in the City of Rosemount Comprehensive Land Use Plan, and the request is consistent with that designation. 7. That the variance permits the homeowner to use the property in a reasonable manner that is consistent with many others in the RR zoning district. 2 8. That there are unique circumstances to this property. The topography and the existence of a wetland on the site required the home to be placed where it is. 9. That the essential character of the locality would not be altered by granting the variance. Many other properties in the vicinity feature accessory structures in the form of detached garages. Variances were not needed in those instances due to the placement of the houses, septic systems, and other natural features. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the applicants receiving any required permits for the accessory structure. Passed and duly adopted this 28th day of September, 2021, by the Board of Appeals and Adjustments of the City of Rosemount, Minnesota. __________________________________ Melissa Kenninger, Chair ATTEST: ________________________________ Stacy Bodsberg, Planning & Personnel Office Specialist Purchaser:Roof Style:Job Address:Ceiling/Walls:City/St/Zip:Overhangs: Front:24"Left:0"Back:24"Right:0"32'-0" x 24'-0" Detached Rev Gable Standard Trusses 4/12 PitchPavane Boesen12700 Dodd Blvd.Rosemount , MN 550688'-9" Ceiling Height (2x4 Walls Framed 16" O.C. w/ 7/16" OSB) 16'x7'PleaseNote: These images are not part of the contract and arefor illustrative purposes only. The colors, textures, and manufactured products displayed are digital representations only and cannot be relied upon to accurately portray the items to be installed. Please make all product selections by viewing manufacturer samples and brochures.Any required painting to be completed by purchaser. 8'2"11'0"13'4"Back Side - 32'-0"Right Side - 24'-0"Front Side - 32'-0"Left Side - 24'-0" Purchaser:Roof Style:Job Address:Ceiling/Walls:City/St/Zip:Overhangs: Front:24"Left:0"Back:24"Right:0"Pavane BoesenRosemount , MN 5506832'-0" x 24'-0" Detached Rev Gable Standard Trusses 4/12 Pitch12700 Dodd Blvd.8'-9" Ceiling Height (2x4 Walls Framed 16" O.C. w/ 7/16" OSB) MO16'x7'MO3MO142PleaseNote: These images are not part of the contract and arefor illustrative purposes only. The colors, textures, and manufactured products displayed are digital representations only and cannot be relied upon to accurately portray the items to be installed. Please make all product selections by viewing manufacturer samples and brochures. Any required painting to be completed by purchaser. 32'-0"24'-0"0" Rake Overhang0" Rake Overhang24" Eave Overhang24" Eave Overhang