PUBLIC HEARING: Consider Request for a Conditional Use Permit to Exceed Allowable Square Footage for a Detached Accessory Building; Case of Michael and Diane Dahlberg

The City has received an application for a conditional use permit (CUP) to exceed the allowable square footage for accessory building space on the property located at 9321 169th Ave NW. The purpose of the request is twofold, first to create storage space for miscellaneous vehicles, equipment and other items and secondly to provide additional storage space for special needs equipment and a handicap accessible van that is needed for a family member.

Staff attempted to notify all Property Owners within 350 feet of the Public Hearing. A Public Notice was also advertised in the Anoka Union.

The subject property is zoned R-1 Residential (Rural Developing) and is approximately 2.21 acres in size. Properties between 2 and 2.49 acres are eligible for up to 2,400 square feet of accessory building space and up to three (3) accessory buildings. The mean gable height of detached accessory buildings cannot exceed twenty-two (22) feet. 

The applicant is requesting a CUP to construct a detached accessory building that is 3,072 square feet in size. The proposed structure would comply with all required setbacks for the property as well as with the maximum allowable height.  The exterior finish of the building will be metal panels that are color compatible with the home and will include architectural elements such as soffit, fascia and eave overhangs as required by City Code.

There are currently two (2) detached accessory buildings on the subject property; however, the applicant has stated that they both will be removed to facilitate the construction of the new building (going in same general location as these two existing buildings).  If approved, this would be the only detached accessory structure on the subject property.

The proposed building will have three (3) overhead doors, which will all need to be serviced by a drive-lane leading to a driveway. The applicant is aware of this requirement and intends to position the building such that a portion of the existing bituminous surface can serve as driveway and will be installing class v gravel to access the other overhead door(s). 

Alternative #1.  Recommend approval of the request.  Staff is comfortable with the overage request (672 square feet over what is allowed) as it will reduce exterior clutter (both items parked/stored outside and the total number of buildings) on site and would comply with all other applicable requirements.  The Conditional Use Permit process allows the City to impose reasonable conditions to mitigate potential concerns with the use. This process provides a tool for the City to allow a use that may not be able to be approved administratively without the ability to review on a case-by-case basis for site specific conditions. The Conditional Use Permit also provides the City a greater degree of enforcement.The proposed building includes architectural elements that the existing buildings do not, and thus would also improve the aesthetics of the site.  Finally, the Applicant has contacted many of the adjacent/nearby neighbors regarding this request and provided documented support of the request with the application submittal.

Alternative #2.  Recommend denial of the request.  If the request were denied, it would limit the applicant's ability to provide indoor storage for several existing vehicles and trailers that are currently stored outside.  Additionally, it could lead to other items/material being moved outside to accommodate some of the special needs equipment and handicap accessible van needed for a family member.  Staff has not observed conditions that would prevent the Applicant from complying with regulations once a permit is issued. Staff does not believe there is just cause at this time to deny the request. Staff does not support denying the request.

All costs associated with this request are the responsibility of the applicant.

Staff recommends approval of the request for a conditional use permit contingent upon compliance with the Staff Review File dated May 31, 2013.

Motion to recommend that the City Council adopt Resolution #13-06-104 adopting Findings of Fact #0915 relating to the applicant's request for a conditional use permit;

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Motion to recommend that City Council adopt Resolution #13-06-105 approving a conditional use permit for an overage in allowable accessory structure square footage based on Findings of Fact #0915 and contingent upon compliance with the Staff Report dated May 31, 2013.