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HomeMy WebLinkAbout5.b. Brockman Variance EXECUTIVE SUMMARY Planning Commission Regular Meeting: February 22, 2022 AGENDA ITEM: 22-09-V Request by Rich Cooke, on behalf of landowner Dawn Brockman, for a variance to deviate from the wetland buffer structural setback requirement for the construction of a new home on the property. AGENDA SECTION: Public Hearing PREPARED BY: Julia Hogan, Planner AGENDA NO. 5.b. ATTACHMENTS: Resolution; Site Location; Site and Grading Plan; Site Aerials; Deer Haven Lot 2, Block 1 Conservation Easement APPROVED BY: AK RECOMMENDED ACTION: Motion by the Board of Appeals and Adjustments to Adopt a Resolution approving a Variance from the wetland buffer structural setback requirement from 30-feet to 15-feet. SUMMARY The Planning Commission, acting as the Board of Appeals and Adjustments, is being asked to consider an application from Rich Cooke of WisText Builders, on behalf of landowner Dawn Brockman, for a variance deviating from the wetland buffer structural setback requirement of 30-ft to 15-ft for the construction of a new home on the property. The City has a Comprehensive Wetland Management Plat that describes how much a buffer should be maintained around a wetland. This plan can be found in Section 10-1-11: Wetlands in the City’s Code. The wetland management plan calls for a 30-ft structural setback from the buffer to allow for usable yard space. The minimum wetland buffer is 15-ft and is used with buffer averaging. The variance request is to allow the proposed home to be at the minimum 15-ft from the edge of the wetland. Staff is recommending approval of the request. Applicant: Rich Cooke of WisTex Builders Landowner: Dawn Brockman Location: 3870 120th Street West Area in Acres: 2.51 Acres Comp Guide Plan Designation: RR-Rural Residential Current Zoning: RR-Rural Residential BACKGROUND The subject property is located in the extreme northwestern portion of Rosemount roughly 1.3-miles west of South Robert Trail along 120th Street. Rosemount’s boundary with the City of Eagan follows 120th Street, with Lebanon Hills Regional Park located directly to the north. All the surrounding property is rural residential in nature, with a mixture of lots ranging in size from one to 18 acres. The subject parcel is located within the RR-Rural Residential zoning district which is intended to provide for large lot residential development featuring parcels not served by municipal sewer and water systems. The subject parcel is located within the newly platted Deer Haven subdivision. In 2019, a request came forward to subdivide a 16.73-acre parcel into three lots, to rezone the subdivided properties from AG-Agricultural to RR-Rural Residential, and for a variance to allow the creation of a lot that does not meet the 200-foot minimum lot width requirement of the RR-Rural Residential zoning district to create the Deer Haven Subdivision. This created two new lots and a lot that included the existing house. The requests were originally tabled by the Planning Commission/Board of Appeals due to several questions and concerns that arose during the public hearing. Some of those concerns involved driveway proximity and wetland impacts, southern access to the property, future subdivision of the larger parcel, and the southern easement area. Staff worked with the applicant to address these concerns and the applicant revised the easement areas, driveways and other details in their original site plan based on the comments that were received. The Planning Commission and Board of Appeals approved the variance and recommend approval of the simple split and rezoning with modifications to the original conditions of approval in August 2019. The City Council approved the simple plat and rezoning requests for Deer Haven subdivision in February 2020. The wetland ordinance in the City Code states that utilization and development impacts to wetlands shall be consistent with the City’s comprehensive wetland management plan. The minimum wetland buffer setback is 15-feet and in addition to the buffer the wetland management plan also requires structures to be set back at least 30-feet from any buffer to maintain usable yard space. When the applicant came forward with the proposed house design, the house was located 5-ft from the required wetland buffer setback. The applicant worked with staff to adjust the location of the house on the site and they were able to move it 10-ft further away from the buffer line. Due to the topography and location of wetlands on the site the proposed house could not be moved further away than 15-ft from the buffer setback due to the primary and secondary septic locations on the site and as well as the location of the proposed driveway. As with all public hearings, notices were sent to the owners of all properties within the code-required radius of the subject parcel. Staff has received no comments regarding this variance request and finds that the request meets the standards for issuing a variance, and therefore recommends approval of the request for a variance deviating from the wetland buffer structural setback requirement of 30-ft to 15-ft for the construction of a new home on the property. 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, it should also be considered whether the project can be redesigned to eliminate or reduce the need for a variance. The Board of Appeals and Adjustments 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. Findings: Staff finds the request is in harmony with the purposes and intent of the ordinance. The intent of the structural setback is to prevent the impact of new developments on wetlands by requiring a developer to include usable yard space between a structure and the wetland buffer to prevent mowing of natural vegetation around the wetland. The site is large, and there are other areas on the property that can be maintained as usable yard space. 2. The variance is consistent with the comprehensive plan. Findings: Staff finds the request consistent with the comprehensive plan. The purpose of the Rural Residential land use designation is to provide housing while maintaining significant areas of wetlands and woodlands. The proposed home on the property will be at the minimum wetland buffer setback requirement. 3. The property owner proposes to use the property in a reasonable manner. Findings: Staff finds that the variance permits the landowner to use the property consistent with many others in the Rural Residential District. 4. There are unique circumstances to the property which are not created by the landowner. Findings: Staff finds that there are unique circumstances to this property due to the topography and wetlands on site. The proposed home is not able to be moved further away from the wetland buffer due to the primary and secondary septic locations on the site and because of the driveway location, which can’t be moved due to the slope of the property. 5. Granting of the variance does not alter the essential character of the locality. Findings: The essential character of the locality would not be altered by granting the variance. RECOMMENDATION Based upon the information provided by the applicant and the criteria for issuance of a variance, staff recommends approval of the variance request, subject to the applicant receiving a building permit for the proposed structure. 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION BA2022-02 A RESOLUTION APPROVING A VARIANCE FROM THE WETLAND ORDINANCE BUFFER STRUCTURAL SETBACK REQUIREMENT FROM 30’ TO 15’. WHEREAS, Rich Cooke (the “Applicant”) has submitted an application to the City Rosemount (the “City”) on behalf of the property owner, Dawn Brockman, for a variance to deviate from the Wetland Ordinance buffer structural setback requirement for the construction of a new home; 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 February 22, 2022; 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 Variance will be located on property legally described as follows: Lot 2, Block 1, DEER HAVEN, Dakota County, Minnesota. 4. The variance request is in harmony with the purposes and intent of the ordinance. Findings: Staff finds the request is in harmony with the purposes and intent of the ordinance. The intent of the structural setback is to prevent the impact of new developments on wetlands by requiring a developer to include usable yard space between a structure and the wetland buffer to prevent mowing of natural vegetation around the wetland. The site is large, and there are other areas on the property that can be maintained as usable yard space. 2 5. The variance is consistent with the comprehensive plan. Findings: Staff finds the request consistent with the comprehensive plan. The purpose of the Rural Residential land use designation is to provide housing while maintaining significant areas of wetlands and woodlands. The proposed home on the property will be at the minimum wetland buffer setback requirement. 6. The property owner proposes to use the property in a reasonable manner. Finding: Staff finds that the variance permits the landowner to use the property consistent with many others in the Rural Residential District. 7. There are unique circumstances to the property which are not created by the landowner. Findings: Staff finds that there are unique circumstances to this property due to the topography and wetlands on site. The proposed home is not able to be moved further away from the wetland buffer due to the primary and secondary septic locations on the site and because of the driveway location, which can’t be moved due to the slope of the property. 8. Granting of the variance does not alter the essential character of the locality. Findings: The essential character of the locality would not be altered by granting the variance. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted. Passed and duly adopted this 22nd day of February 2022, by the Board of Appeals and Adjustments of the City of Rosemount, Minnesota. __________________________________ Melissa Kenninger, Chair ATTEST: ________________________________ Stacy Bodsberg, Planning & Personnel Office Specialist