Loading...
4.a Staff Report Meeting Date: 05/06/2008 Agenda Item: /p/r (:,? ) Planning Commission/City Councul Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a public hearing on the request by David and Wynness Holmberg for rezoning property located at 21300 Olinda Trail from General Business (GB) to Single Family Estate (SFE). Deadline/ Timeline: 60-day review period expires June 20, 2008 Background: • The rezoning is requested at this time to allow for the construction of a new attached garage for the existing home, which is a non- confoiming use under the current commercial zoning. • Planner Richard Thompson will present the attached report and recommendations at the hearing. Recommendation: The planner has recommended approval of the rezoning. An ordinance enacting the rezoning and a resolution with findings of fact have been drafted for the Commission's and Council's consideration. Attachments/ • Draft Ordinance No. 111 Materials provided: • Draft Resolution No. 05-06-08 • Location Map • TKDA Memorandum dated April 30, 2008, with attachments Contact(s): David and Wyness Holmberg 651 433-2128 Prepared by: Anne Hurlburt, Administrator (rezoning holmberg) Page 1 of 1 04/30/08 CITY OF SCANDIA ORDINANCE NO. 111 AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP TO CHANGE THE DESIGNATION OF 21300 OLINDA TRAIL FROM "GENERAL BUSINESS" TO "SINGLE FAMILY ESTATE" The City Council of the City of Scandia, Washington County, Minnesota hereby ordains: Section 1. Amendment. The official Zoning Map, as adopted in.Chapter 2, Section 1.1 of the Development Code of the City of Scandia is hereby amended to change the designation of the following described property from General Business ("GB") to Single Family Estate ("SFE"): 21300 Olinda Trail, more specifically described as: Lots 1, 2 and 3 and the East 30 feet of Lots 9 and 10, all in Block 7 of the recorded plat of Scandia Addition, Washington County, MN. Section 2: Effective Date. This ordinance shall be effective upon its passage and publication according to law. Passed and adopted by the City Council of the City of Scandia this 6th day of May, 2008. Dennis D. Seefeldt, Mayor ATTEST: Anne Hurlburt, Clerk/Administrator CITY OF SCANDIA, MINNESOTA RESOLUTION NO. 05-06-08-02 FINDINGS OF FACT ON REZONING OF 21300 OLINDA TRAIL FROM GENERAL BUSINESS TO SINGLE FAMILY ESTATE "GENERAL BUSINESS" TO "SINGLE FAMILY ESTATE" WHEREAS, David and Wynness Holmberg have made application for a Rezoning from "General Business" to "Single Family Estate," for property located at 21300 Olinda Trail North; and WHEREAS, the property is legally described as Lots 1, 2 and 3 and the East 30 feet of Lots 9 and 10, all in Block 7 of the recorded plat of Scandia Addition, Washington County, MN; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCANDIA, WASHINGTON COUNTY, MINNESOTA, that it should and hereby does approve the request of David and Wynness Holmberg for a Rezoning from "General Business" to "Single Family Estate" based on the following findings: • The only current use of this property is residential, and there are no existing or planned commercial uses. • The property is adjacent to lands zoned"Single Family Estate" on the north and west, so the rezoning would be consistent with these adjacent properties, and there would be no question of spot zoning. • The Comprehensive Plan designation of Village Center allows both residential and commercial uses. The Plan states: "...the concept underlying the village center plan is to offer an alternative to large lot, [residential] rural sprawl..." The plan not only allows residential development, but it expressly supports it. • The Comprehensive Plan favors future commercial development that is oriented to the traditional village center. This property, although on the edge of the traditional Village Center, it is not an area that the plan promotes for future commercial expansion. Adopted by the Scandia City Council this 6th day of May, 2008. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ Clerk • G e e. e GOOSE LAKE WOODS . GIX)SE LAKE WOODS Ti,N T»\. e P • DIN 6,1s I F ° 06) HAWKINSON HIGHLANDS We N Tw e < T2NN kz 72N> • GOOSI-LAKE WOODS Notification Search Area • n R"N' R'ite- R't1�\ • 19 to ,17 N OI INDA,:SI A iCikS Npsr • SCA Vicinity Map to• ,,,1 t'.rogiwehitp @ AI;DITOI2S PI Al N)6_._.._. a 11111111111141.1111 YNt! r ' • „ • • F. 21300 Olinda Ti r li • to a• DIA • l�WAW KINS .SINESS . NARK Ipp, cam . ., 0 500 .T NO. ti , Sca;e io Feet . • Ur _. • iu>NI � 2 I • • .COUNTY AUDITOR'S PLAT NO 1 COUI\r7" AU DIP 012 6. Location Map 't TKDA 444 Cedar Street,Suite 1500 Saint Paul,MN 55101-2140 ENGINEERS•ARCHITECTS•PLANNERS (651)292-4400 (651)292-0083 Fax www.tkda.corn MEMORANDUM To: City Council Reference: 21300 Olinda Trail North Rezoning Planning Commission To Single Family Estate (SFE) Anne Hurlburt, Administrator City of Scandia, Minnesota Copies To: Proj. No.: 14059.002 From: Richard E. Thompson, AICP Scandia File Number 2008008 Date: April 30, 2008 SUBJECT: 21300 Olinda Trail North Rezoning from "General Business" to "Single Family Estate" MEETING DATE: May 6, 2008 LOCATION: 21300 Olinda Trail North Scandia, Minnesota APPLICANT: David and Wynness Holmberg 60-DAY PERIOD: June 20, 2008 ZONING: General Business ITEMS REVIEWED: 1. Memo to Sherri Buss from Steve Thorp dated April 15, 2008. 2. Application for Planning and Zoning Request Scandia File No. 2008008. 3. Sketch of Lots 1, 2, 3, and parts of Lots 9 and 10 showing existing garage and future addition. BRIEF DESCRIPTION OF THE REQUEST: The Applicants are proposing to rezone their homestead property from "General Business" to "Single Family Estate". Their property, which consists of three full city lots and parts of two others, formerly included a commercial greenhouse, which has been removed. With removal of the greenhouse, there is no longer any commercial use of the property. After rezoning of the property, the Applicants wish to remove their existing detached garage, and construct a new garage and connecting an addition in-line with the house. EVALUATION OF THE REQUEST: The Applicants wish to tear down their existing garage and rebuild a new garage and attach it to their house. Their property is currently zoned "General Business", which has no primary or permitted uses. Single family residences are not listed as either uses permitted with a Certificate of Compliance or a Conditional Use Permit. Therefore, a single family residence in the General Business District is a non-confoiming use. A non- An Employee Owned Company Promoting Affirmative Action and Equal Opportunity 21300 Olinda Trail North Rezoning Page 2 April 30, 2008 Scandia, Minnesota conforming use cannot normally be expanded. For this reason, the Holmberg's have requested to rezone their property. The zoning ordinance states that "the purpose of the General Business District is to provide an area for a general mix of commercial and industrial businesses that are non-threatening to the environment." It appears the land was zoned "General Business" because there was a commercial greenhouse on the property, because the property is contiguous to other properties zoned "General Business" on the east and south, and because the Comprehensive Plan includes this area in the Village Center. The Village Center designation allows both commercial and residential uses. The first question addresses the current use. There is currently no commercial use for this property and no commercial use is planned. The Applicants are proposing to strengthen the residential use of their property. The second question addresses the issue of spot zoning. This property is on the northwest edge of the "General Business District". On the north and west sides, the land is zoned "Single Family Estate". Thus there is no issue of spot zoning, and rezoning would be compatible with the properties to the north and west. The third question relates to the Comprehensive Plan, and the intent of the Village Center designation. The Village Center designation is clearly intended to provide for both residential and commercial uses. The Comprehensive Plan states: "The current delineation of the rural center incorporates approximately 60 homes and 20 businesses..." The Plan further states that residential development is an integral part of the Village Center. The Plan also states that "Future commercial development should be oriented towards the traditional village center", which although not defined, could be the area directly north of Highway 97 and primarily the area south of Highway 97. From the information provided in the Comprehensive Plan, it would be consistent to rezone this property to Single Family Estate, since the Village Center designation allows this zoning district, and since the Plan states that future commercial development should be focused to the traditional Village Center. For the reasons stated above, the Planner recommends that the City rezone the Holmberg property from "General Business" to "Single Family Estate" based on the following findings: 1. The only current use of this property is residential, and there are no existing or planned commercial uses. 2. The property is adjacent to lands zoned "Single Family Estate" on the north and west, so the rezoning would be consistent with these adjacent properties, and there would be no question of spot zoning. 3. The Comprehensive Plan designation of Village Center allows both residential and commercial uses. The Plan states: "...the concept underlying the village center plan is to offer an alternative to large lot, [residential] rural sprawl..." The Plan not only allows residential development, but it expressly supports it. 4. The Comprehensive Plan favors future commercial development that is oriented to the traditional Village Center. This property, although on the edge of the traditional Village Center, it is not an area that the Plan promotes for future commercial expansion. Since the Village Center designation of the Comprehensive Plan allows both residential and commercial uses, there is no need for a plan amendment. 21300 Olinda Trail North Rezoning Page 3 April 30, 2008 Scandia, Minnesota The existing home is a nonconforming structure in that it does not meet setback requirements. The Development Code, Chapter 1, Section 12.3 (1) (A) addresses the conditions under which a nonconforming structure may be expanded without a variance. A variance is not needed to build the proposed garage/addition attached to the existing home because: 1. the garage/addition does not violate the provisions of the Development Code, other than the setback requirements that make the house nonconfot wing in the first place; and 2. long-term sewage disposal needs can be met. PLANNING STAFF RECOMMENDATIONS: The Planner recommends that the Holmberg property at 21300 Olinda Trail be rezoned from "General Business" to "Single Family Estate", based upon the findings above. File No. .) e APPLICATION FOR PLANNING AND ZONING REQUEST City of Scandia, Minnesota 14727 209th Street North, PO Box 128, Scandia, MN 55073 Phone 651/433-2274 Fax 651/433-5112 Web http://vs,ww.ci.scandia.mn.us Please read before completing: The City will not begin processing an application that is incomplete, Detailed submission requirements may be found in the Scandia Development Code,available at the City office and website(www.ci.scandia.mn.us)and in the checklist forms for the particular type of application. Application fees are due at the time of application and are not refundable. 1. Property Location: (street address, if applicable) 300 6i czt I IL) 41, Jtc,_ 44-' 2. Washington County Parcel ID: 3. Complete Legal Description: (attach if necessafry) t GC:J I r_ L c+S I a_ cJ .3 p Li-c, I I --h 4- r 4. Owner(s): Phone: a y -r-s s H (h) (b) tc) Street Address: a oc., C I E-Mail: LA City/ State: C , ‹, ,o‘c, ;z1 Zip: S SZ) ) 5. Applicant/Contact Person: Phone: (h) 647 - - c (b) Street Address (Mailing): , E-Mail: ,2) ( re,, City/ State: Zip: vc, 6. Requested Action(s): (check all that apply) Variance Minor Subdivision Conditional Use Permit Planned Unit Development Interim Use Permit Preliminary Plat/ Major Subdivision Certificate of Compliance(Residential) Preliminary Plat/Open Space Conservation Subdivision Certificate of Compliance(Commercial) Final Plat Map Amendment(Zoning or Comprehensive Plan) Permit Extension 1/5/2007 7. Brief Description of Request: (attach separate sheet if necessary) ,( L.) ��T' ZG� �� �f®�tc r�„� I ti C1 r 'l �J ' ( U L'N cyc'.0 b e Cv-< T S CC-r G -1-L.r r < 8. Project Name: I hereby apply for consideration of the above described request and declare that the information and materials submitted with this application are complete and accurate. I understand that applicants are required to reimburse the city for all out-of-pocket costs incurred for processing, reviewing and hearing the application. These costs shall include, but are not limited to: publication and mailing of notices; review by the city's engineering, planning and other consultants; legal costs, and recording fees. An escrow deposit to cover these costs will be collected by the city at the time of application. Any balance remaining after review is complete will be refunded to the applicant. No interest is paid on escrow deposits. PLEASE NOTE: If the fee owner is not the applicant, the applicant must provide written authorization by the fee owner in order for this application to be considered complete. Property Fee Owner Signature(s) Date: &ill() -A4, d Applicant Signature(s) Date: cam_ For City Use Only Application Fees: V 6 00 T PAID �{ APR 1 f-) 25H Parcel Search Fee: ti' / , (0 IL CITY OF SCANDIA Escrow Deposit: 5 0 1/5/2007 . ..., , ,. L-- 0, c„ ,0 ". ,...... ,s.... ,(7,- a '6* N) m 4 § • a�S{ a. m C �n o 0 0 0 'o � l4o81*0g3J W$ oo m 1r'1 y7 ' v, 8 o 8 c �•`3-g �� a 1 a - c) 4, I. tp • w q $ °� Wag i o $ CI co Cc' o N- v .'cicdte;d 2ndStreet :C�:.:iie';Cj JStreet _ - _r__ _ _ _ 1 _ _ ___ r r s p — I I m - p• o ° 0 , m p 5" O ) W p 4 Z c 0 _p n N 0 p a,. (cif, m' c� 60 o p G I O N _ _ a m 0 +i o c• 3 is.) _i I C) (0 I c N a 0 _.m c li am m o o U. r>COO'48'16"1-qq.�0 c i p o -4O c_ .-• 4�i.55 8Q. o — _Q 0.48'ib" Z G �. C '-':,,z, 71,,,,\\\ 1,„:01,,,, k; ,,:,;::,'''';,1'.''''.,,'''''''',':,'C'.:''..,'''';':4‘1'''''''1:' ' 1 4, -17 N M J tTi 0 H (n 70 a O41NDA MI1. NORTH (G. .A. N. 3) a°01 rn iiill 1 , i. (41 _ IAlA^i IIA i/,T�^,AI l,/'�1 IAIT\/ 1 11/,1 11A7A\! 11/ai IT Q T vvn..;P7r1v\,�rvly uvi,.11yr i C)I�xf7vrnr r11�7f7t OF 'vAvvni/ PLAT rvrv. `��� ""'1 X 11 70 cri AO August 25,2003I. I�° I S t SfIA3 .";fit 1 <n�: t s