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Res 2019- 54 CUP and Variance 2319 Swan DriveCITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-54 APPROVING A CONDITIONAL USE PERMIT FOR AN OVERSIZED GARAGE AND VARIANCE TO EXCEED THE MAXIMUM SIZE ALLOWANCE OF 1500 -SF. FOR AN ATTACHED GARAGE IN A RESIDENTIAL DISTRICT PROPERTY LOCATED AT 2319 SWAN DRIVE (PLANNING CASE NO. 2019-22) WHEREAS, Tim and Jessica Carlson (as "Applicants") applied for a Conditional Use Permit (CUP) along with an optional Variance, as proposed under Planning Case No. 2019-22, for the property located at 2319 Swan Drive (the "Subject Property"), legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030 Comprehensive Plan and located in the R-1 One Family Residential District; and WHEREAS, pursuant to City Code Title 12-1D-3, Subpart C., any attached private garage in a residential zone more than one thousand two hundred (1,200) and up to one thousand five hundred (1,500) square feet is allowed via a conditional use permit; and WHEREAS, the Applicants seek permission under a proposed first alternative plan to construct a new addition to their existing dwelling and provide up to 1,496 -sq. ft. of expanded garage and storage space to their residence, and WHEREAS, the Applicants presented a second alternative plan to exceed the 1,500 sq. ft. of allowable attached garage space under a standard CUP by 105 -sq. ft., for a total of 1,601 -sq. ft. of expanded garage and storage space, of which this oversized garage area requires a variance; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the Council to grant variances or certain modifications from the strict application of the provisions of the City Code, and impose conditions and safeguards with variances if so needed or granted: and WHEREAS, on July 23, 2019, the Mendota Heights Planning Commission held a public hearing on this item, whereby a planning staff report was presented and received by the commission, comments from the Applicant and public were received and noted for the record, and whereupon closing the hearing and follow-up discussion, the Planning Commission chose to make two (2) separate action motions on this application item: i.) Recommended approval of the Conditional Use Permit (by 6-0 vote) to 2319 Swan Drive, allowing a new addition to the exiting attached garage up to 1,496-sf. in total size; and ii.) Recommended approval of a Variance (by 4-2 favorable vote) allowing the Applicants to exceed the 1,500-sf. maximum allowed for attached garage space under a CUP application, and permit the new garage addition to be built up to 1,601- sf. in total size. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the requested Conditional Use Permit with the Variance to exceed the 1,500 sq. ft. maximum allowed for attached garage space, and allow the Applicants to build up to 1,601 -sq. ft. of expanded attached garage and storage space to the residence, may be approved based on the following findings of facts and conditions: A. Pursuant to City Code Title 12-1D-3 Accessory Structures, Subpart C.1; residential dwellings are allowed to have one attached private garage up to 1,200 square feet, and for those more than 1,200-sf. but up to 1,500-s£, are only allowed by conditional use permit. B. The Applicant has demonstrated a reasonable need and justification for the oversized garage up to 1,601 sq. ft. in a residential zone, and is supported by the following findings of facts: i. The proposed oversized garage expansion to the existing residential dwelling, including the added living spaces, deck and related improvements on the subj ect property, will be consistent with and meets City Code standards. ii. The planned expansion and use of the oversized garage area requested under this application can be considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. iii. The proposed residential home and larger garage meet the required setbacks and other standards established under the R-1 One Family District. iv. The proposed garage and home expansion project activities will not cause or create any negative impacts to the ecologically sensitive area of adjacent Rogers Lake, due to the proximity and separation of the structure from this water feature. Res. 2019-54 page 2 V. The proposed garage use will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. vi. The proposed garage and structure will be compliant with the conditions included in the City Code that allow it by conditional use permit. vii. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan's goals for residential land uses. C. Under Title 12 -1L -5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are "practical difficulties" in carrying out the strict letter of the regulations of the Code. "Practical difficulties" consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute "practical difficulties." D. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of a Variance to allow the oversized garage to exceed. the 1,500 sq. ft. maximum area only up to 1,601 sq. ft. in this case, with the following findings: i.) The proposed oversized garage is a reasonable request on the subject property, due to the need to provide additional storage needs for the homeowners, due in large part to the absence of a basement on the property. ii.) The construction of the original dwelling was built by others, and did not include a basement. This situation makes this somewhat of a unique situation for the homeowner that they did not create, and they are now attempting to provide for more storage space needs that a basement would typically fulfill by means of this larger garage space. This situation therefore provides a unique circumstance for supporting or allowing the granting of this variance; and iii.)The visual impacts or effect of the added garage area appears minimal, both on the subject property and within the neighborhood; and therefore approving the proposed larger garage space under this variance (and CUP) will not alter the essential character of the neighborhood. Res. 2019-54 Page 3 E. The proposed garage use will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. F. The City has considered the factors required by Title 12 -1L -5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this variance associated with this conditional use permit will not affect or pose any negative impacts upon the neighborhood or the community in general. G. Approval of this Variance is for 2319 Swan Drive only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. H. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-22, dated and presented July 23, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution No. 2019-54. Pursuant to City Code Section 12-1L-5: Variances, the City has the authority to place reasonable conditions upon the property subject to this Variance request, and conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: 1. The proposed garage addition and all other proposed improvements shall be constructed in compliance with all applicable City Code and State of Minnesota Building Code standards. 2. The applicant shall obtain a building permit prior to any demolition, excavation or construction of the new garage addition. The Applicant must present written approval from the neighboring resident to the south at 2335 Swan Drive that they grant permission and access to this private property to complete the grading as shown on the plans. Final grading plan must be approved by the Public Works Director. 4. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. Res. 2019-54 page 4 BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Conditional Use Permit and Variance to exceed the 1,500 sq. ft. maximum allowed for attached garage space, and allow the Applicants to build up to 1,601 -sq. ft. of expanded attached garage and storage space on the property located at 2319 Swan Drive, as proposed under Planning Case No. 2019-22, are hereby approved. Adopted by the City Council of the City of Mendota Heights this 7th day of August, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, City Clerk Res. 2019-54 page 5 EXHIBIT A PID No. 27-64600-01-030 ADDRESS: 2319 Swan Drive, Mendota Heights, MN 55120 LEGAL: Lot 3, Block 1, Rogers Lakeside East, Dakota County, Minnesota, along with the northerly thirty - feet (30') of adjacent and vacated Bluebill Drive right-of-way. Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2019-54 page 6 Receipt:# 632465 COND $46.00 Return to: SIMPLIFILE 5072 NORTH 300 W PROVO UT 54604 CITY OF MENDOTA HEIGHTS DAKOTA COUNTY, MINNESOTA RESOLUTION 2019-54 3333642 Recorded on: 10/23/2019 8:56 AM By: AS, Deputy Office of the County Recorder Dakota County, Minnesota Amy A. Koethe, County Recorder APPROVING A CONDITIONAL USE PERMIT FOR AN OVERSIZED GARAGE AND VARIANCE TO EXCEED THE MAXIMUM SIZE ALLOWANCE OF 1500 -SF. FOR AN ATTACHED GARAGE IN A RESIDENTIAL DISTRICT PROPERTY LOCATED AT 2319 SWAN DRIVE (PLANNING CASE NO. 2019-22) WHEREAS, Tim and Jessica Carlson (as "Applicants") applied for a Conditional Use Permit (CUP) along with an optional Variance, as proposed under Planning Case No. 2019-22, for the property located at 2319 Swan Drive (the "Subject Property"), legally described on attached Exhibit A; and WHEREAS, the Subject Property is guided LR -Low Density Residential in the 2030 Comprehensive Plan and located in the R-1 One Family Residential District; and WHEREAS, pursuant to City Code Title 12-1D-3, Subpart C., any attached private garage in a residential zone more than one thousand two hundred (1,200) and up to one thousand five hundred (1,500) square feet is allowed via a conditional use permit; and WHEREAS, the Applicants seek permission under a proposed first alternative plan to construct a new addition to their existing dwelling and provide up to 1,496 -sq. ft. of expanded garage and storage space to their residence, and WHEREAS, the Applicants presented a second alternative plan to exceed the 1,500 sq. ft. of allowable attached garage space under a standard CUP by 105 -sq. ft., for a total of 1,601 -sq. ft. of expanded garage and storage space, of which this oversized garage area requires a variance; and WHEREAS, Title 12-1L-5 of the City Code (Variances) allows for the Council to grant variances or certain modifications from the strict application of the provisions of the City Code, and impose conditions and safeguards with variances if so needed or granted: and WHEREAS, on July 23, 2019, the Mendota Heights Planning Commission held a public hearing on this item, whereby a planning staff report was presented and received by the commission, comments from the Applicant and public were received and noted for the record, and whereupon closing the hearing and follow-up discussion, the Planning Commission chose to make two (2) separate action motions on this application item: i.) Recommended approval of the Conditional Use Permit (by 6-0 vote) to 2319 Swan Drive, allowing a new addition to the exiting attached garage up to 1,496-sf. in total size; and ii.) Recommended approval of a Variance (by 4-2 favorable vote) allowing the Applicants to exceed the 1,500-sf. maximum allowed for attached garage space under a CUP application, and permit the new garage addition to be built up to 1,601- sf. in total size. NOW THEREFORE BE IT RESOLVED by the Mendota Heights City Council, that the requested Conditional Use Permit with the Variance to exceed the 1,500 sq. ft. maximum allowed for attached garage space, and allow the Applicants to build up to 1,601 -sq. ft. of expanded attached garage and storage space to the residence, may be approved based on the following findings of facts and conditions: A. Pursuant to City Code Title 12-1D-3 Accessory Structures, Subpart C.1; residential dwellings are allowed to have one attached private garage up to 1,200 square feet, and for those more than 1,200-sf. but up to 1,500-s£, are only allowed by conditional use permit. B. The Applicant has demonstrated a reasonable need and justification for the oversized garage up to 1,601 sq. ft. in a residential zone, and is supported by the following findings of facts: i. The proposed oversized garage expansion to the existing residential dwelling, including the added living spaces, deck and related improvements on the subj ect property, will be consistent with and meets City Code standards. ii. The planned expansion and use of the oversized garage area requested under this application can be considered a reasonable request, and is consistent with the City Code and Comprehensive Plan. iii. The proposed residential home and larger garage meet the required setbacks and other standards established under the R-1 One Family District. iv. The proposed garage and home expansion project activities will not cause or create any negative impacts to the ecologically sensitive area of adjacent Rogers Lake, due to the proximity and separation of the structure from this water feature. Res. 2019-54 page 2 V. The proposed garage use will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. vi. The proposed garage and structure will be compliant with the conditions included in the City Code that allow it by conditional use permit. vii. The new garage represents reinvestment in a residential neighborhood that is consistent with the Comprehensive Plan's goals for residential land uses. C. Under Title 12 -1L -5A of the City Code, the Council may only grant variances from the strict application of the provisions of the Code in cases where there are "practical difficulties" in carrying out the strict letter of the regulations of the Code. "Practical difficulties" consists of a three-part test: (i) the Applicant proposes to use the property in a reasonable manner not otherwise permitted by the Code; (ii) the plight of the Applicant is due to circumstances unique to the property not created by the Applicant; and (iii) the variance, if granted, will not alter the essential character of the neighborhood. Economic considerations alone do not constitute "practical difficulties." D. The Applicant has met the burden of demonstrating the requisite "practical difficulties" in order to justify the granting of a Variance to allow the oversized garage to exceed. the 1,500 sq. ft. maximum area only up to 1,601 sq. ft. in this case, with the following findings: i.) The proposed oversized garage is a reasonable request on the subject property, due to the need to provide additional storage needs for the homeowners, due in large part to the absence of a basement on the property. ii.) The construction of the original dwelling was built by others, and did not include a basement. This situation makes this somewhat of a unique situation for the homeowner that they did not create, and they are now attempting to provide for more storage space needs that a basement would typically fulfill by means of this larger garage space. This situation therefore provides a unique circumstance for supporting or allowing the granting of this variance; and iii.)The visual impacts or effect of the added garage area appears minimal, both on the subject property and within the neighborhood; and therefore approving the proposed larger garage space under this variance (and CUP) will not alter the essential character of the neighborhood. Res. 2019-54 Page 3 E. The proposed garage use will not be detrimental to the health, safety or general welfare of the community; should not cause any serious traffic congestion nor hazards; will not seriously depreciate surrounding property value; and said use appears to be in harmony with the general purpose and intent of the City Code and the Comprehensive Plan. F. The City has considered the factors required by Title 12 -1L -5E1 of the City Code, including but not limited to the effect of the Variance upon the health, safety, and welfare of the community, existing and anticipated traffic conditions, the effect of the Variance on the danger of fire and the risk to public safety, and upon the value of properties in the surrounding area, and upon the Comprehensive Plan, and has determined this variance associated with this conditional use permit will not affect or pose any negative impacts upon the neighborhood or the community in general. G. Approval of this Variance is for 2319 Swan Drive only, and does not apply or give precedential value to any other properties throughout the City. All variance applicants must apply for and provide a project narrative to the City to justify a variance. All variance requests must be reviewed independently by City staff and legal counsel under the requirements of the City Code. H. The factual findings and analysis found in the Planning Staff Report for Planning Case No. 2019-22, dated and presented July 23, 2019 (and on file with the City of Mendota Heights), is hereby fully incorporated into this Resolution No. 2019-54. Pursuant to City Code Section 12-1L-5: Variances, the City has the authority to place reasonable conditions upon the property subject to this Variance request, and conditions must be directly related to and roughly proportional to the impact created by the variance. Conditions related to this transaction are as follows: 1. The proposed garage addition and all other proposed improvements shall be constructed in compliance with all applicable City Code and State of Minnesota Building Code standards. 2. The applicant shall obtain a building permit prior to any demolition, excavation or construction of the new garage addition. The Applicant must present written approval from the neighboring resident to the south at 2335 Swan Drive that they grant permission and access to this private property to complete the grading as shown on the plans. Final grading plan must be approved by the Public Works Director. 4. All grading and construction activities as part of the proposed development shall be in compliance with applicable federal, state, and local regulations and codes, as well as in compliance with the City's Land Disturbance Guidance Document. Res. 2019-54 page 4 BE IT FURTHER RESOLVED, by the Mendota Heights City Council that the Conditional Use Permit and Variance to exceed the 1,500 sq. ft. maximum allowed for attached garage space, and allow the Applicants to build up to 1,601 -sq. ft. of expanded attached garage and storage space on the property located at 2319 Swan Drive, as proposed under Planning Case No. 2019-22, are hereby approved. Adopted by the City Council of the City of Mendota Heights this 7th day of August, 2019. CITY COUNCIL CITY OF MENDOTA HEIGHTS Neil Garlock, Mayor ATTEST: Lorri Smith, 4City Clerk Res. 2019-54 Page 5 EXHIBIT A PID No. 27-64600-01-030 ADDRESS: 2319 Swan Drive, Mendota Heights, MN 55120 LEGAL: Lot 3, Block 1, Rogers Lakeside East, Dakota County, Minnesota, along with the northerly thirty - feet (30') of adjacent and vacated Bluebill Drive right-of-way. Drafted by: City of Mendota Heights 1101 Victoria Curve Mendota Heights, MN 55118 Res. 2019-54 page 6 STATE OF MINNESOTA ) COUNTY OF DAKOTA ) S.S. CITY OF MENDOTA HEIGHTS ) I, Lorri Smith, being the duly appointed City Clerk of the City of Mendota Heights, do hereby certify that the attached Resolution is an exact copy of the resolution on file in my office adopted by the Mendota Heights City Council. Signed and sealed by my hand on this 7t' day of August, 2019. Lorri Smith, City Clerk (SEAL)