Loading...
4.a 1 RudyIUP PCStaffReport 7.5.16 Memorandum To: Scandia Planning Commission Reference: Ruddy Interim Use Permit Request Copies To: Neil Soltis, City Administrator Project No.: 16022.013 Brenda Eklund, Clerk Julie Ruddy, Applicant From: Sherri Buss, RLA AICP, Planner Routing: Date: June 15, 2016 SUBJECT: Ruddy Interim Use Permit request for Temporary Dwelling Unit During Construction of a new home MEETING DATE: July 5, 2016 LOCATION: 21020 Meadowbrook Avenue North Scandia, Minnesota APPLICANT: Julie Ruddy ZONING: Agriculture Core (AG C) 60-DAY PERIOD: August 2, 2016 ITEMS REVIEWED: Application and supporting documents submitted June 3, 2016 BRIEF DESCRIPTION OF THE REQUEST The applicant is requesting an Interim Use Permit (IUP) to maintain the existing home and live in it while a new home is constructed on the property. The property is located in the Agriculture Core (AG C) Zoning District and is 29.96 acres in size. An IUP is required for a Temporary Dwelling Unit During Construction. BACKGROUND The applicant is building a new home on the property at 21020 Meadowbrook Avenue North. She has applied for a building permit for the new home. She is requesting that the City allow Rudy Interim Use Permit Request Page 2 July 5, 2016 her to keep the existing home in place and maintain it as her residence it until the new home is completed. The Development Code includes the use called Temporary Dwelling Unit During Construction that permits 1 temporary dwelling unit on a parcel where a home is under construction to be occupied during construction. The Code requires that the parcel owner obtain an Interim Use Permit (IUP) for the Temporary Dwelling Unit. INTERIM USE PERMIT CRITERIA AND USE CRITERIA The Development Code, Chapter 2, Item 9 includes the criteria for granting an Interim Use Permit (IUP). The use must meet the applicable standards for a conditional use permit identified in the Code. The general criteria for granting a Conditional Use Permit (CUP) include the following:  The conditional use will be in compliance with and not have a negative effect upon the Comprehensive Plan, including the City’s public facilities and capital improvement plans.  The use will promote or enhance public welfare, and will not be detrimental to or endanger public health, safety, morals or comfort.  The use will not be injurious to the use and enjoyment of other property in the immediate vicinity, diminish and impair property values or scenic views.  The use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district.  Adequate public facilities are available to accommodate the use.  The use shall conform to the applicable regulations of the district in which it is located.  The use shall comply with the general and specific performance standards in the Development Code. In addition to the criteria for a CUP, an interim use must also comply with the following criteria:  The use is allowed as an interim use in the respective zoning district.  The date or event that will terminate the use can be identified with certainty.  The use will not impose additional unreasonable costs on the public.  The user agrees to any conditions that the City Council deems appropriate for permission of the use. The Temporary Dwelling Unit During Construction Use (Chapter 2, Section 4.26 of the Development Code) requires that the following criteria be met:  The property is limited to 1 temporary dwelling unit during construction.  The dwelling unit may be occupied only by persons who are the present or potential occupants of the single-family residence being constructed, reconstructed or altered.  An interim use permit for the temporary dwelling may be issued only after the building permit has been obtained for the proposed construction.  The temporary dwelling unit shall use the existing or the proposed road access drive of the principal dwelling unit under construction.  The unit shall be connected to an approved on-site waste disposal system  The property owner shall submit a financial guarantee to the Zoning Administrator to ensure that the structure will be removed upon termination of the interim use permit. The amount of the guarantee shall be determined by the Zoning Administrator.  The interim use permit shall expire when construction is completed or within one year from the date of issuance, whichever is less. At the termination of the interim use Rudy Interim Use Permit Request Page 3 July 5, 2016 permit, the temporary dwelling shall be removed from the premises within 30 days, unless a different time is approved by the City based upon unique circumstances, but shall in no instance exceed 90 days. DETAILED EVALUATION OF THE IUP REQUEST Comprehensive Plan, Capital Improvements Plan and Public Facilities The applicants’ proposal is within the Agriculture Core (AG C) District. The Comprehensive Plan and Development Code support single family residential uses on parcels in the district, but do not support multiple residential units. Therefore, an Interim Use Permit is required for a Temporary Dwelling Unit During Construction in the AG C District. The proposed use will not affect the City’s Capital Improvements plan or the public facilities in the area. The proposed use is consistent with the Comprehensive Plan. Other General Criteria for Granting CUP’s/IUP’s The Planner’s findings related to the other general criteria for granting CUP’s or IUP’s follow each of the criteria (criteria are in italics), below:  The use will promote or enhance public welfare, and will not be detrimental to or endanger public health, safety, morals or comfort. o Allowing the existing residential unit to remain while a new unit is constructed will not endanger public health or safety. The impacts on neighboring properties, public health and public safety will not change from the existing situation if the existing unit is removed shortly after the new unit is completed as required by the Development Code.  The use will not be injurious to the use and enjoyment of other property in the immediate vicinity, diminish and impair property values or scenic views. o Allowing the existing home to remain only during construction will not create new impacts on neighboring properties from the current situation, and therefore, will not affect property values or scenic views.  The use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. o The Temporary Dwelling Use of the existing home will not affect the potential for development of neighboring properties.  Adequate public facilities are available to accommodate the use. o Existing public facilities are adequate to accommodate the existing home and new home.  The use shall conform to the applicable regulations of the district in which it is located. o A Temporary Dwelling Unit During Construction is a permitted use with an IUP in the AG C District. Rudy Interim Use Permit Request Page 4 July 5, 2016  The use shall comply with the general and specific performance standards in the Development Code. o Findings related to the specific performance standards for the use are discussed below. The proposed conditions require that the applicants comply with the specific performance standards in the Development Code.  The date or event that will terminate the use can be identified with certainty. o The proposed conditions specify that the use will terminate when the construction of the new home is completed or within one year from the date of issuance, whichever is less, and the City has issued an occupancy permit for the new home. The performance standards require the removal of the temporary dwelling unit within 30 days after the termination of the IUP.  The use will not impose additional unreasonable costs on the public. o The maintenance of the existing home will not impose additional costs on the public over the existing situation.  The user agrees to any conditions that the City Council deems appropriate for permission of the use. o The applicants will be required to address the conditions that the City Council approves with the permit. Specific Criteria for the Proposed Interim Use The Planner’s findings related to the specific criteria for the Temporary Dwelling Unit During Construction Use are the following:  The property is limited to 1 temporary dwelling unit during construction. o The applicants are requested to retain the one existing dwelling unit during construction. The Conditions will specify that only one temporary unit is permitted.  The dwelling unit may be occupied only by persons who are the present or potential occupants of the single-family residence being constructed, reconstructed or altered. o This criteria is included in the proposed conditions for the IUP.  An interim use permit for the temporary dwelling may be issued only after the building permit has been obtained for the proposed construction. o The applicants have submitted a building permit to the City for the proposed new home. The Building Inspector has reviewed the permit and is ready to sign it. The IUP will not be issued until the building permit has been approved.  The temporary dwelling unit shall use the existing or the proposed road access drive of the principal dwelling unit under construction. o The proposed site plan indicates that the temporary dwelling unit and new unit will use the existing access drive to Meadowbrook Avenue North. This condition is included in the proposed conditions for the IUP.  The unit shall be connected to an approved on-site waste disposal system. Rudy Interim Use Permit Request Page 5 July 5, 2016 o The existing home has an approved on-site waste disposal system. The applicants will need to obtain County approval for the system that will be used for the new home.  The property owner shall submit a financial guarantee to the Zoning Administrator to ensure that the structure will be removed upon termination of the interim use permit. The amount of the guarantee shall be determined by the Zoning Administrator. o The proposed conditions require submission of a financial guarantee. The City Administrator/Zoning Administrator will determine the amount of the guarantee.  The interim use permit shall expire when construction is completed or within one year from the date of issuance, whichever is less. At the termination of the interim use permit, the temporary dwelling shall be removed from the premises within 30 days, unless a different time is approved by the city based upon unique circumstances, but shal in no instance exceed 90 days. o The proposed conditions require that the applicant shall comply with the performance standard for the length of the IUP and removal of the existing home. The Planner finds that the proposed use is consistent with the general and specific criteria for approving interim use permits in the Development Code. ORDINANCE ISSUE DISCUSSION The City Administrator discussed this application with the City’s Building Inspector, Chuck Preisler. Chuck noted that many cities do not require a CUP for the Temporary Dwelling Unit during construction use when the existing home will be replaced with a new structure. Chuck stated that other cities do not issue an occupancy permit for the new structure until the old one is removed, and therefore a CUP may not be needed. Prior to the most recent update to the Zoning Ordinance, this use required an administrative permit (COC) rather than a CUP. The Planning Commission should discuss this issue, and recommend an amendment to the ordinance requirement for a CUP for this use if appropriate. OPTIONS FOR THE PLANNING COMMISSION The Planning Commission can recommend to the Council to: 1. Approve the request. 2. Approve the request with conditions. 3. Deny the request with findings. 4. Table the request. PLANNING STAFF RECOMMENDATIONS The Planner recommends approval of the Interim Use Permit to allow the existing home on the property located at 21020 Meadowbrook Avenue North as a Temporary Dwelling Unit During Construction of a new home on the property. The Planner recommends the following conditions: 1. The use shall be consistent with the application dated June 3, 2016. Rudy Interim Use Permit Request Page 6 July 5, 2016 2. One temporary dwelling unit (the existing home) shall be permitted on the property during the construction of a new home. 3. The temporary dwelling unit shall be occupied only by persons who are the present or potential occupants of the new single-family residence being constructed on the property. 4. The applicant shall obtain a building permit for the construction of the new home. 5. The temporary dwelling unit shall use the existing road access drive. 6. The temporary dwelling unit shall be connected to an approved on-site waste disposal system while it is occupied. 7. The applicants shall submit a financial guarantee to the City to ensure that the structure will be removed upon termination of the interim use permit. The City Administrator shall determine the amount of the guarantee. 8. The interim use permit shall expire when construction is completed and the City has issued an occupancy permit for the new home, or within one year from the date of issuance, whichever is less. The applicants shall remove the existing home from the property within 30 days of the expiration of the interim use permit. 9. The Applicant shall pay all fees and escrows associated with this application.