Agenda - Council - 01/11/2011 - Laserfiche WebLink

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CC Regular Session Date: 01/11/2011 By: Tim Gladhill Community Development Information Item #: 7. 1. Title: Request for a Conditional Use Permit to exceed the amount of square footage allowed for accessory structures located at 8150 144th Ave NW; Case of Leon Richter Background: On October 22, 2010, the City received a request from Leon Richter for conditional use permit (CUP) to exceed the amount of square footage allowed for accessory structures located at 8150 144th Ave NW. Notification: In accordance with City Code, Staff attempted to notify property owners within 350 feet of the property via Standard US Mail. The Public Hearing was properly notified in the Anoka County Union. Observations: The Applicant is requesting a CUP to construct a 2,576 square foot one -level detached accessory structure on a 2.7 acre parcel within the R -1 Residential (MUSA) District. A portion of the Subject Property is located within the Critical Area Overlay District. There are currently two (2) accessory structures that are proposed to remain on the Subject Property upon completion of the proposed structure (1,080 square feet + 96 square feet = 1,176 square feet). Total square feet of accessory structure space is proposed at 3,752 square feet (1,176 square feet + 2,576 square feet). In addition, there are three (3) smaller accessory structures that are proposed to be removed upon completion of the proposed structure. Consistent with past policy, the City would collect $2,000 in escrow to cover legal fees in the event these structures are not removed. With any overage of this size, the City should ensure that the residential nature of the zoning district is protected from commercial activity that operates beyond the parameters allowed by the City's home occupation ordinances. The City has encountered multiple issues regarding the level of home occupations with overages of this size. The proposed permit includes language regarding home occupations and associated permitting requirements. In addition, current City Code does not permit conversion of any portion of the proposed structure to a dwelling unit. The Planning Commission reviewed the request on December 2, 2010 and expressed concern with access to the proposed structure, especially for fire apparatuses. Based on setbacks of the existing dwelling unit and other structures, there appears to be adequate spacing to create a future driveway, if desired. The Planning Commission reviewed whether a driveway should be required with this request, although not required since this is not the primary garage. City Council could consider requiring this as a reasonable condition of approval of the conditional use permit. Per City Council direction, Staff is in the process of amending the City's accessory structure ordinances. The intent of this amendment is to provide for an administrative process to approve certain overages. It is intended to provide for flexibility in allotment of square footage in exchange for enhanced architectural elements. Staff anticipates forwarding a proposed ordinance to the Planning Commission and City Council in early 2011. Recommendation: