Agenda - Planning Commission - 10/15/2015

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Regular Planning Commission 5. 1. Meeting Date: 10/15/2015 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for a Variance to Allow a Detached Accessory Building to be Located Nearer the Front Property Line than the Principal Building on the Property Located at 16841 Wolverine Ct NW; Case of Allen and Ginger Millner Purpose/Background: The City has received an application from Allen and Ginger Millner (the "Applicant") for a variance to allow a portion of a detached accessory building to be located nearer the front property line than the principal building at the property located at 16841 Wolverine Ct NW (the "Subject Property"). Notification: Staff attempted to notify all Property Owners within a 350 foot radius of the Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald. Observations/Alternatives: City Code Section 117-349 (d)(12) requires detached accessory buildings to be located in the side or rear yard of properties that are less than two (2) acres. Based on the size of the Subject Property, the Applicant is eligible for up to 2,200 square feet of accessory building space. The Subject Property is approximately 1.20 acres in size. While compliant with the square footage allotment, the proposed building is not permitted to be nearer the front property line than the principal building without the issuance of a variance. The Applicant has chosen the proposed location for a variety of reasons outlined in the attached letter. Primarily, the Applicant has noted that a concern of reducing access to the rear of the home for purposes of required septic pumping and maintenance. The septic system is located in the rear of the property but, based on the as -built drawing of the system, it appears to be located directly behind the home. Considering the assumed location of the septic system, the location of the septic system itself should not be a prohibiting factor. However, the Applicant explains the concern to be about access to the septic system, not the system itself. The Applicant has stated that an attached garage would not provide sufficient width on the side property line. The Applicant feels that the spacing between the existing home and the proposed detached accessory structure shall provide sufficient space for a septic pumping truck to maneuver. Additionally, the Applicant has stated that in order to access two (2) garage doors from the the existing driveway, a portion of the building would need to be located slightly forward of the home. The proposed location and detail/accuracy has changed slightly throughout the review process. The Applicant is not fully confident on the accurate measurement of the front yard setback, so it will be important to require a Certificate of Survey prior to construction, if the Variance is approved. It should be noted that if a variance were granted to allow the structure to be nearer the front property line than the principal building, it may also need to address the standard front yard setback requirement of forty (40) feet. The proposed location would comply with minimum side yard setback of ten (10) feet. The Applicant has stated that the exterior finish of the detached accessory building would match that of the home, which is required when a detached accessory building is located nearer the front property line than the principal building. Also, if the location is approved, the detached accessory building cannot be taller than the principal