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HomeMy WebLinkAbout6.a. Morrison VarianceEXECUTIVE SUMMARY Board of Appeals and Adjustments Meeting: April 26, 2022 AGENDA ITEM: 22-22-V Request by Jaeson Morrison 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: Julia Hogan, Planner AGENDA NO. 6.a. ATTACHMENTS: Resolution; Site Location; Site Plan; Site Aerial; Plat Drawings; Detached Garage Description 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 Standard for Accessory Structures from thirty (30) feet to fifteen (15) feet at 12860 Shannon Parkway. SUMMARY The Planning Commission, acting as the Board of Appeals and Adjustments, is being asked to consider a request by Jaeson Morrison for a Variance from the side yard setback requirement for an accessory structure in order to facilitate the construction of a three-car detached garage at 12860 Shannon Pkwy in the RR-Rural Residential zoning district. The applicant is requesting a variance that would reduce the minimum side yard setback for an accessory structure from thirty (30) feet to fifteen (15) feet. Applicant and Owner: Jaeson Morrison Location: 12860 Shannon Parkway Area in Acres: 4.12 Acres Comp Guide Plan Designation: RR - Rural Residential Current Zoning: RR - Rural Residential BACKGROUND The subject parcel is located east of Shannon Parkway and 0.3 miles south of McAndrews Road (County Road 38) and is part of the Shannon Oaks subdivision that was platted in 1988 and consists of twelve single-family residential lots, all of which are at least 4-acres in size. The subject parcel currently contains a single-family home with an attached garage and the applicant is wanting to add a detached garage for additional indoor storage. The applicant indicated that the reasoning behind their desire to locate the detached garage within the side yard setback is because of its proximity to the exiting home on the property. The existing home is located 60-feet from the north side property line, which is also the flattest and least tree covered area on the property. The proposed detached garage would be located directly northwest to the existing house which would make the location of the building 15-feet from the property line. Another reason why the applicant is wanting this location for the garage is because it could utilize the existing driveway that is on the property. 2 Though the proposed detached garage would be located 15-feet to the side property line it is still located over 200-feet from the neighboring home to the north. A majority of the properties within the Shannon Oaks subdivision also have difficult topography and vast tree coverage to deal with, so a number of the single-family homes within the subdivision are located closer to property lines due to this issue as well. Staff is supportive and recommends approval of a variance to reduce the side yard setback for accessory structures from thirty (30) feet to fifteen (15) feet in order to construct a detached, three-stall garage. 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 variance request allows for reasonable use of the property. The second is whether the project can be redesigned to eliminate or reduce the need for a variance. The Board of Zoning 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. 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 request 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 vast tree coverage on the site make it difficult to find suitable land for an additional building. The area that would accommodate the building addition the best is be located northwest of the existing home on the property is, which is near to the side property boundary. 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. Other properties in the vicinity feature accessory buildings close to side property lines due to tree coverage and topography of the land in this area of the City. RECOMMENDATION Staff is recommending approval of the Variance request by the Board of Appeals and Adjustments based on the information contained in this report and provided by the applicant. 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION BA2022-03 A RESOLUTION APPROVING A VARIANCE FROM THE RR-RURAL RESIDENTIAL SIDE YARD SETBACK STANDARD FOR STRUCTURES, FROM THIRTY (30) FEET TO FIFTEEN (15) FEET. WHEREAS, Jaeson Morrison, 12860 Shannon Pkwy, (the “Applicant”) has 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 fifteen (15) 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 15’ on April 26, 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 proposed variance will allow the construction of a detached garage at 12860 Shannon Pkway 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 follo ws: Lot 5, Block 1, Shannon Oaks, Dakota County, Minnesota. 5. That the request is in harmony with the purposes and inten t of the ordinance. Detached garages are accessory uses in the RR zoning district. 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. 2 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. 8. That there are unique circumstances to this property. The topography and the vast tree coverage on the site make it difficult to find a suitable land for an additional building. The area that would accommodate the building addition the best is located northwest of the existing home on the site, which is near to the side property boundary. 9. That the essential character of the locality would not be altered by granting the variance. Other properties in the vicinity feature accessory buildings close to side property lines due to tree coverage and topography of the land in this area of the City. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s applic ation for a Variance is granted, subject to the applicants receiving any required permits for the accessory structure. Passed and duly adopted this 26th day of April, 2022, by the Board of Appeals and Adjustments of the City of Rosemount, Minnesota. __________________________________ Melissa Kenninger, Chair ATTEST: ________________________________ Stacy Bodsberg, Planning & Personnel Office Specialist Site This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of thatlicense. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inchresolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold ordistributed for the purpose of direct commercial benefit or gain. By accessing this imagery, the user acknowledges these terms and affirms compliance.https://gisimg.co.dakota.mn.us/mrsid/base_aerialphotography_2020_sprg/Nearmap_DakotaCounty_SIGNED.pdf This imagery is copyrighted and licensed by Nearmap US Inc, which retains ownership of the imagery. It is being provided by Dakota County under the terms of thatlicense. Under that license, Dakota County is allowed to provide access to the “Offline Copy Add-On for Government”, on which this image services is based, at 6-inchresolution, six months after the capture date, provided the user acknowledges that the imagery will be used in their normal course of business and must not be resold ordistributed for the purpose of direct commercial benefit or gain. By accessing this imagery, the user acknowledges these terms and affirms compliance.https://gisimg.co.dakota.mn.us/mrsid/base_aerialphotography_2020_sprg/Nearmap_DakotaCounty_SIGNED.pdf 12860 Shannon ParkwayJaeson Morrison Proposed Garage04020Feet 5 Feet Existing House Proposed Garage Existing Driveway Property line 15 Feet Proposed Garage