Agenda - Planning Commission - 10/09/2014

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Regular Planning Commission 5. 5. Meeting Date: 10/09/2014 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for a Variance to the Setback from the Ordinary High Water Mark of the Rum River and the Front Yard Setback for the Property Located at 16601 Fluorine St NW; Case of Michael Musenbrock and Kimberly Barry Purpose/Background: The City has received an application for a Variance from Michael Musenbrock and Kimberly Barry (the "Applicants") to construct a detached accessory building (the "Building") that would encroach on the required setback from the Ordinary High Water Mark (OHWM) of the Rum River as well as to the required front yard setback on the property located at 16601 Fluorine St NW (the "Property"). The Property is adjacent to the Rum River and is within the Scenic River Land Use District and therefore, in addition to the general standards for detached accessory buildings, is also subject to the standards found in City Code Section 117-256 (District Provisions) related to the Scenic River Land Use District. On September 4, 2014, the Planning Commission held a public hearing regarding this request. Through that discussion, the Applicant was encouraged to revise the Building dimensions and/or Building layout in an attempt to comply with the required bluff line setback. The Planning Commission closed the public hearing on September 4, 2014 but tabled action on the request to the October meeting to provide the Applicant time to revise the configuration and/or size of the proposed Building. Notification: Staff originally attempted to notify all Property Owners within a 350 foot radius of the Property of the Public Hearing on September 4, 2014 via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald. No further notification is necessary. Observations/Alternatives: The Property is zoned R-1 Residential (Rural Developing), is approximately 1.12 acres in size, and is surrounded by other similarly sized parcels, all of which are also zoned R-1 Residential (Rural Developing). The Property is improved with a home, three (3) car attached garage, and an in -ground swimming pool. The Scenic River Land Use District includes minimum setbacks from both the OHWM and the bluff line of the Rum River. The minimum OHWM setback required is 150 feet and the minimum bluff line setback is thirty (30) feet. The home on the Property, which was constructed in 1978 prior to the enactment of the Scenic River Land Use District regulations (1981), is located approximately sixty (60) feet from the OHWM and approximately thirty (30) feet from the bluff line. The home would be considered lawful nonconforming with regard to the OHWM setback based on when it was constructed. The Property is in the R-1 Residential (Rural Developing) zoning district, which requires a minimum front yard setback of forty (40) feet. Section 117-349 (Accessory Uses and Buildings) was amended a couple years ago to incorporate provisions allowing detached accessory buildings on riparian lots to be located nearer the front property line than the principal structure provided that it met the minimum front yard setback. Based on discussion at the September meeting, the Applicants have revised the Building dimensions to shorten the length by six (6) feet and increase the width eight (8) feet. The proposed Building now is 32' x 34' (1,088 square