PUBLIC HEARING: Consider Conditional Use Permit and Variance for Detached Accessory Structure at 8855 176th Ave NW; Case of Jason Norquist

Jason and Susan Nordquist ('Applicants'), owners of the property located at 8855 176th Avenue NW (hereto referred to as the 'Subject Property'), have applied for a Conditional Use Permit and a Variance to allow for construction of an oversized accessory structure.

The Applicants are proposing to construct a detached accessory structure with a building footprint of 2,400 square feet, 40’ x 60’ and a mean gable height of eighteen (18) square feet.  The Applicants originally submitted a proposal for a 4,000 square foot, 50’ x 80’ detached accessory building (see Image 4. Site Plan). Please note that the site plan shows the original proposal and not the updated proposal. The updated proposal anchors the building on the south west corner of the original location.

The Subject Property is located in the northwest quadrant of the city and is zoned R-1 Residential, Rural Developing (see Image 2. Zoning Map). Countryside Estates, platted in 1972, features lots ranging from 1.12 to 2.15 acres. The Subject Property (see Image 1. Aerial of Subject Property (2014)) is a 1.45 acre corner lot, with 176th Avenue bordering the south and Vicuna Street to the east. The northern border is shared with a trail corridor. Existing structures on the Subject Property include a single family home with attached garage (1,710 sf building footprint, 20 ft. in height), and a detached accessory structure (624 sf, height unknown).

Staff has attempted to notify all Property Owners within 350 feet of the Subject Property via Standard US Mail. A Notice of Public Hearing was published in the Anoka County UnionHerald.

Observations

Conditional Use Permit (CUP) and Variance Requests

CUP- Structure Size.                        
Per City Code Section 117-349. - Accessory uses and structures. (d) (14) b. (see Table 1, below).
R-1 Residential Rural Developing parcels between 43,560 and 65,339 square feet (1 acre – 1.49 acres) are allowed up to three (3) accessory structures, totaling a maximum of 2,200 square feet- not including attached garages- and reaching a height of up to 16 feet.
 

Parcel Size (sf and acres)	Maximum Square Footage Allowed for Accessory Buildings	Maximum Allowable Height in Feet
0 – 21,779 sf (0 – 0.5 acres)	10% of lot or 1,500 sf, whichever is smaller	16
21,780 – 43,559 sf (0.5 – 1 acre)	1,800
43,560 – 65,339 sf (1 acre – 1.49 acres)	2,200
65,340 – 87,119 sf (1.5 to 1.99 acres)	2,400
87,120 – 108,899 sf (2 to 2.49 acres)		22

Table 1. City Code Section 117-349 (d) (14) b.

The Applicant is requesting a Conditional Use Permit, per City Code Section 117-111. – R-1 Residential District (c) (4), to exceed the maximum allowed accessory building square footage by a total of 824 square feet. The Applicant is proposing to construct a forty (40) foot by sixty (60) foot, or 2,400 square foot detached accessory building. The building is proposed to be constructed with metal panels- grey to match the color of the home- and ribbed white roof with white trim, and a translucent strip at the intersection of the roof and sidewall to allow for the passage of light. The roof is proposed to have a 4/12 pitch.

The Applicant has stated that their request is motivated by a need to provide storage for the following items: a 33 foot motor home, lawn care equipment, snowmobiles, a snow blower, 4-wheelers, bicycles and other sporting equipment. The Applicants have also indicated they are planning for future vehicle storage. Aside from the motor home, all storage needs are currently being met by the existing storage space.

Variance- Structure Height.
Per City Code Section 117-349 - Accessory uses and structures. (d) (5) b., and (d) (14) b. (see Table 1, above)
The height of detached accessory buildings shall not exceed sixteen (16) feet on parcels less than two (2) acres (87,120 square feet) in size. On parcels less than two (2) acres, the height of side walls shall not exceed fourteen (14) feet.

The Applicant is requesting a variance, per City Code Section 117-349 (d) (5) d. to exceed the established height restrictions for accessory buildings by a total of two (2) feet, which would allow for a mean gable height of eighteen (18) feet. The Applicant is proposing to construct an oversized detached accessory building with fourteen (14) foot sidewalls, 4/12 roof pitch, a peak height of twenty-two (22) feet, and a mean gable height of eighteen (18) feet.

The Applicant has stated that the variance request is motivated by the need to store a newly acquired thirty-three (33) foot motor home, requiring a garage door exceeding twelve (12) feet.

Variance Process
Per City Code Section 117-349 (d) (5) d. Criteria governing consideration of a variance request to exceed height restrictions on accessory buildings shall include, but not be limited to the following:

1. Whether the variance will impair an adequate supply of light and air to adjacent property.

2. Whether the variance will have the effect of allowing a use that is prohibited in the applicable zoning district.

3. Whether the variance will impair established property values within the neighborhood.

4. Whether the increased height will be compatible with the principal building on the same parcel.

5. Whether the increased height will be compatible with existing development in the immediate neighborhood.
6. Whether the variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant.

Alternatives
Alternative #1:  Approve Resolutions #16-08-151 and #16-08-152 granting a variance to the established height requirements for accessory buildings, allowing the accessory building to reach a peak height of twenty-two (22) feet with a mean gable height of up to eighteen (18) feet; and recommend City Council approval of Resolutions #16-08-153 and #16-08-154 to grant a Conditional Use Permit allowing for construction of an oversized (2,400 square foot) accessory building. Staff believes that the Applicant’s modified request is reasonable and therefore is supportive of this alternative.
 
Alternative #2:  Approve a modified version of Resolutions #16-08-151 and #16-08-152, and recommend City Council approval of a modified version of Resolutions #16-08-153 and #16-08-154. This action would be based on discussion. Staff believes that the needs of the Applicant can be balanced with the concerns of the City to achieve a reasonable overage amount, which is reflected in the reduction of the requested overage.  However, if there are specific revisions that the Planning Commission identifies as being appropriate, Staff would not be opposed to this option.

Alternative #3:  Do not approve the variance request and do not recommend City Council approval of the Conditional Use Permit. The amended request is more compatible with the existing residential development pattern and character of the area than the original request. Staff believes that the needs of the Applicant can be achieved with the reduced square footage and helps alleviate concerns of Staff about the size of the overage request. Therefore, staff does not support this option.

 

All costs associated with processing the Application are the responsibility of the Applicant.

Staff had a number of concerns with the original CUP request and worked with the Applicant to address them and arrive at a compromise that would meet the needs of the applicant while balancing the concerns of the city. The primary concern being that the scale was incompatible with the existing development pattern and residential character of the area. There is also the perennial concern about the potential to introduce commercial activity into a residential area. While staff supports allowing a reasonable overage in building size, the original request did not demonstrate a clear justification of need.

Staff recommends approval of the Applicant’s reduced building size of 2,400 square feet, and not the full 4,000 square feet as proposed. This equates to an overage of 824 square feet when including the existing accessory structure. Staff recommends approval of the variance request to allow for a peak height of twenty-two (22) feet and a mean gable height of eighteen (18) feet to accommodate storage of the motor home. Additionally, staff recommends that the building be serviced by a second driveway, with access off of Vicuna Street.

Motion to approve Resolutions #16-08-151 and #16-08-152 granting a variance to the height requirements for accessory buildings, and motion to recommend City Council adopt Resolutions #16-08-153 and #16-08-154 allowing the accessory building to exceed the maximum allowed square footage.