PUBLIC HEARING - Variance for Accessory Structure Placement at 6787 Green Valley Rd. NW (Josh Hunt)

 The applicant is proposing to construct a 52x78-foot (4,056 sq.ft.) accessory building south of his home at 6787 Green Valley Road NW.  The property is zoned MR - MUSA Reserve and is just under 40 acres.  The proposed accessory structure meets all the requirements of the MR district, except for one: the applicant is proposing to construct the structure between the house and Green Valley Road in the front yard.    The following is the section of City Code pertaining to front yard placement of accessory structures:

Sec. 106-450. - Accessory structures.
The following standards are required for all accessory structures on residential properties.
   (3) Setbacks.
        b. Front setback and side adjacent to right-of-way: No closer to the street than the edge of the principal structure.
        c. Exception: Detached accessory building may be located in front of the principal building while maintaining setbacks for principal structures in that zoning district when:
             1. On RR lots two acres or greater in area, or
             2. When located riparian lots in the wild and scenic, critical area, or shoreland overlay districts.

The following section of City Code describes the justifications or "practical difficulties" to grant variances:

106-220(c) Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning code. "Practical difficulties," as used in connection with the granting of a variance, means:
   (1) That the property owner proposes to use the property in a reasonable manner not permitted by the zoning code;
   (2) The plight of the landowner is due to circumstances unique to the property not created by the landowner;
   (3) The variance, if granted, will not alter the essential character of the locality.
   (4) Economic considerations alone do not constitute practical difficulties;
   (5) Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems; and
   (6) Public takings of property due to condemnation.
   (7) Variances shall be granted for earth sheltered construction as defined in Minn. Stats. § 216C.06, subd. 14, when in harmony with this chapter.

The applicant provided a narrative attached to this report addressing the practical difficulties outlined in City Code. In reviewing the applicant's 2022 variance request to construct a house in the MUSA with private utility systems, there was no indication of a future accessory building.  The other practical difficulties regarding the topography and ditch are sufficient justifications for granting a variance.

The applicant's letter also indicates that he plans to use the structure for business equipment storage.  The current application did not include a request for a Home Occupation Permit as an HOP is required for conducting business activities within a detached accessory building.  The applicant will need to make a separate application for an HOP should he desire to use the building for business purposes.  

The applicant is proposing to place the structure approximately 90 feet from the centerline of Green Valley Road.  City Code measures setbacks based on property lines/edges of rights-of-way.  The centerline is approximately 33 feet from the edge of the edge of the right-of-way according the Anoka County half-section maps.  Therefore, the structure will be approximately 57 feet back from the edge of the right-of-way.  It will also be constructed behind a row of evergreen trees.  

Conditions
City Code authorizes conditions being placed on variance in order to mitigate any potential impacts of granting a variance, such as adding trees to obscure sight lines.   

Notification was mailed to property owners within 350 feet of the applicant's property.  A "proposed development" sign was placed in the property.  A legal notice was placed in the Anoka Union Hearld Newspaper.  

Alternatives to consider:
1.  Approve the variance as requested by the applicant. 
2.  Approve the variance with conditions that the Planning Commission sees are appropriate for the site.  
3.  Deny the variance based on specific findings.  
 

The applicant is responsible for all costs associated with this variance.  

Staff recommends approving the variance with the stipulation that a Home Occupation Permit application is made if it is intended to be used, in part, for business purposes. 

Motion to adopt Resolution #24-135 Granting a Variance to Accessory Building Placement at 6787 Green Valley Road NW.