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08.b1 Staff Report Norcross CUP TKDA | 444 Cedar Street Suite 1500 | Saint Paul, MN 55101 651.292.4400 • tkda.com An employee -owned company promoting affirmative action and equal opportunity. Memorandum To: Scandia Planning Commission Reference: Norcross Accessory Structure CUP Copies To: Brenda Eklund, Clerk Ken Cammilleri, City Administrator Mira and Michael Norcross, Owners Project No.: 18407.000 From: Evan Monson, Planner Routing: Date: December 13, 2022 SUBJECT: Conditional Use Permit to construct a detached Accessory Structure with an Accessory Dwelling Unit, with said accessory structure exceeding the square footage requirements of an Accessory Structure by no more than 25% MEETING DATE: December 20, 2022 LOCATION: 23183 Meadowbrook Ave N, PID 04.032.20.34.0004 APPLICANT/OWNER: Mira and Michael Norcross ZONING: Rural Residential – General (RR-G), Shoreland Management Overlay REVIEW PERIOD: 60 day period ends January 7, 2023 ITEMS REVIEWED: Application and plans received November 8, 2022 DESCRIPTION OF THE REQUEST The owner of the subject property is looking to construct a detached accessory building on the southwest portion of their property. The structure would be located just south of their existing residence, and would be 5,758 SF in size. The property already has an attached garage and a shed. The subject property is 19.45 acres in size, which equates to an allowance of three accessory structures and 5,000 SF of total accessory square footage per Table 153.200.030-20 in the Unified Development Code (UDC). As part of the adoption of the recently adopted UDC, an applicant can exceed the number of structures and square footage thresholds for residential accessory structures through a Conditional Use permit (CUP). Due to the size of the proposed new accessory structure exceeding 5,000 SF, a CUP is therefore required. As part of the proposed accessory structure, the applicants are also interested in using portions of the space for an Accessory Dwelling Unit (ADU) for family members to stay at while visiting the property. ADUs are permitted within the RR-G zone, and are a conditional use in the Shoreland Overlay zone. The Planning Commission reviewed the request at their December 6th meeting, and recommended approval of the request, with a number of conditions. Norcross CUP Staff Report December 20, 2022 Scandia City Council Page 2 PROPERTY INFORMATION Parcel description: 23183 Meadowbrook Avenue North is located on the northwest portion of the city, east of Bone Lake. The parcel is just over 19 acres (19.45) in size. The house is located on the west side of the parcel. An attached garage (816 SF) and detached shed (168 SF) are also present on the property, per county records. The middle portion of the parcel has a DNR identified ‘natural environment lake’ (ID 82-173W), while the rest of the parcel is predominantly undeveloped wooded areas. Land Use: Single-family residential Figure 1: Aerial of nearby properties, per City GIS EVALUATION OF REQUEST Applicant’s Explanation of the Request See application included with meeting materials. Staff Comments The following comments were received by staff: Watershed The Comfort Lake Forest Lake Watershed District (CLFLWD) noted that the project would trigger a watershed permit due to the project needing sediment and erosion control. Norcross CUP Staff Report December 20, 2022 Scandia City Council Page 3 Engineering/Public Works Engineering staff provided the following comments:  No new road access would be granted for the structure, as it will utilize existing access.  City will require a grading permit.  Applicant should include a tree removal plan, and a tree replacement plan is recommended as a condition of approval. o The Planning Commission opted to not recommend a tree replacement plan as a condition of approval, given the existing vegetation on the site. Washington County Conservation District & DNR There is a large portion of the property that is wet, presumed initially as a wetland. While reviewing the request with the applicant, it was noted that the presumed wetland is actually an unnamed DNR public water – ID 82-173W. In conversations with WCCD and DNR staff, it was noted that the ordinary high water level (OHWL) of the lake has not been officially set by the DNR. WCCD and city staff conducted a site visit on November 4th to identify the OHWL and verify the location of the proposed structure was not within the required 200 foot setback from the OHWL. UDC Requirements Accessory Structure Requirements Section 153.200.030, Subd. 6 outlines the dimensional standards for accessory structures within the city. The number, and total combined size, of said structures are limited based on the size of the subject parcel, as noted in Table 153.200.030-20. The parcel, being at 19.45 acres in size, would fall into the 10.00-19.99 acre category. When excluding land within the waterbody, the parcel is still within the 10- 19.99 acre category. Parcels 10.00 to 19.99 acres in size are permitted three residential accessory structures, and 5,000 SF total. There is also an exception for garages, in Subd6(I)(a)(ii), with a parcel of over three acres being permitted a garage of up to 1,200 SF in size without counting against the total SF permitted. The applicant’s existing garage, being 816 SF in size, does not count against the 5,000 SF allotment for the subject property. Table 1: Existing and proposed square footage amounts Existing Accessory Structures Size (in square footage / SF) Portion of accessory structure allotment used Attached Garage 816* *Not counted, per exception Detached Shed 168 Total 168 3.4% (168/5,000) Proposed Detached Accessory Structure 5,758 ADU 200** **located within proposed structure Total existing and proposed 5,926 119% (5,926/5,000) Norcross CUP Staff Report December 20, 2022 Scandia City Council Page 4 The UDC notes that a CUP can be used to exceed the standards of Table 153.200.030-20, in that an applicant can apply for an additional structure and/or an increase of up to 25% of the total accessory structure SF. The applicants are proposing to only exceed the 5,000 SF total by 19%, as shown in the table above. Accessory Dwelling Unit Requirements for ADUs are located in 153.300.030 Subd. 1(A). The proposed ADU would be within the proposed detached accessory structure, which is permitted in all zones within the city. ADUs, whether attached or detached, are conditional uses in the Shoreland Overlay zone. Since the subject parcel is over five acres in size and the structure is over 200 feet from the right-of-way, it is able to be placed closer to the right-of-way than the principal structure (house) on the parcel. Other setback requirements of the structure, side and lake, are met. The definition of terms is found in Chapter 153.600 of the UDC. Section 153.600.030 (A)(66) defines a dwelling unit as having ‘complete kitchen and bathroom facilities, permanently installed’. At time of submittal, the building plans do not show kitchen facilities in the structure, so an approval for an ADU would not technically be needed at this time, as the structure would not have a dwelling unit as defined by the code. By approving the request at this time, though, the applicant would be able to add kitchen facilities in the future, provided ADU requirements and building code requirements are met upon installation of the facilities CUP CRITERIA Chapter 153.500.060 Subd. 1(C)(I) of the Development Code lists the standards to meet to grant a CUP in italics, with the Planning Commission’s findings following: 1. The conditional use will be in compliance with and shall not have a negative effect upon the Comprehensive Plan, including public facilities and capital improvement plans. The proposed use is a permitted use in the RR-G zone, a conditional use in the Shoreland Overlay, and is not in conflict with the Comprehensive Plan. The use will not require new public facilities or impact the City’s capital improvement plan. 2. The establishment, maintenance or operation of the conditional use will promote and enhance the general public welfare and will not be detrimental to or endanger the public health, safety, morals or comfort. The structure will be used for residential use and storage of personal property. The proposed use will not create adverse impacts on the public health safety, morals, comfort or general welfare of the public. 3. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values or scenic views. The site is already screened from the roadway and other lots by existing vegetation, the only lot that would be able to easily see the structure is the lot to the south. Given the existing landscape and placement of the structure, it will not substantially diminish or impair nearby property values or scenic views. Norcross CUP Staff Report December 20, 2022 Scandia City Council Page 5 4. The establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. The proposed use will not change the use of the site from what it is today, residential. An accessory structure will not impede development or improvement of surrounding properties. 5. Adequate public facilities and services are available or can be reasonably provided to accommodate the use which is proposed. The proposed structure will use the same driveway as the house, no new curb cut or access drive will be needed. The structure will utilize the existing on-site septic system for sewage treatment. 6. The conditional use shall conform to the applicable regulations of the district in which it is located and all other applicable standards of this Chapter. The proposed use is consistent with the applicable regulations of the RR-G and Shoreland Overlay Zone, and is consistent with the requirements of accessory structures and ADUs as required in the UDC. 7. The conditional use complies with the general and specific performance standards as specified by this Section and this Chapter. This proposed conditional use meets the general and specific performance standards of the UDC. ACTIONS REQUESTED The Scandia Planning Commission can do one of the following: 1. Recommend approval, with or without conditions 2. Recommend denial, with findings 3. Table the request RECOMMENDATION The Planning Commission recommends the City Council approve of a Conditional Use Permit to construct a detached Accessory Structure with an Accessory Dwelling Unit, with said accessory structure exceeding the square footage requirements of an Accessory Structure by no more than 25%. The following amendments are recommended: 1. The proposed structure shall not have a footprint exceeding 5,758 SF in size, as shown on the plans submitted to the city and reviewed with this request. 2. The proposed structure shall adhere to the proposed setbacks, as shown on the site plan submitted to the city and reviewed with this request. 3. The applicant shall adhere to the requirements of an ADU, as outlined in Chapter 153.300.030 of the Unified Development Code. 4. The applicant shall acquire applicable permits required by the watershed district, and adhere to their requirements. 5. The applicant shall acquire a grading permit from the city for the proposed project. 6. The applicant shall secure all applicable local, state, and federal permits for the proposed structure. 7. The applicant shall pay all fees and escrow costs related to the application.