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HomeMy WebLinkAbout2014-02-19 Joint Board PacketAGENDA Stillwater City and Town Joint Planning Board City Council Chambers 216 North Fourth Street Stillwater, MN 55082 7 p.m. Wednesday, February 19, 2014 1.CALL TO ORDER 2.APPROVAL OF AGENDA 3.APPROVAL OF DECEMBER 18, 2013 MINUTES 4.NEW BUSINESS 4.01 Chris Aamodt request for variance 5.OLD BUSINESS 5.01Update on the Orderly Annexation Agreement Joint Planning Board Members TO: Bill Turnblad, Stillwater Community Development Director FROM: February 14, 2014 DATE: RE: Conceptual review of setback variance REQUEST Chris Aamodt is planning to develop land located at the corner of Manning Avenue and McKusick Road. The required building setback from Manning Avenue is 100 feet. But, with the additional 50 feet of right- of-way to be purchased by Washington County for improvements to Manning Avenue, about 14 of 50 building sites would be lost. Therefore, Aamodt would like a variance from the 100 foot setback requirement. And, prior to developing the preliminary plat plans, he has requested the Joint Planning Board to consider granting conceptual approval of the request. If conceptual approval is given, the formal variance request and public hearing would be considered together with the preliminary plat in April. COMMENTS The Planning Commission heard the variance request and granted approval with the condition that it would not become effective until the final plat and annexation are approved. The planning report for the Planning Commission is attached. The requested 50 foot setback from the new county road right-of-way line would be greater than the minimum setback for any of the single family neighborhoods in Liberty. This can be seen in the attached graphics. Generally speaking, as long as there is a good landscaping/buffering/berming plan in the reduced setback area, it would be consistent with all of the other single family neighborhoods already approved along the Stillwater side of Manning Avenue. ALTERNATIVE COURSES OF ACTION Conceptually approve or deny requested variance. Aamodt variance February 14, 2014 Page 2 This aerial shows a detail of the southern portion of the Aamodt site and how its requested setback line relates to existing and proposed r-o-w line, as well as to actual setback of the Settler’s Glen townhomes. Setback of Liberty single-family neighborhood. Aamodt variance February 14, 2014 Page 3 Setback of Liberty West single-family neighborhood \ Setback of Liberty West townhomes. bt PLANNING COMMISSION January 13, 2014 2014-4 MEETING DATE: CASE NO.: James DeBenedet, and Chris Aamodt, SettlerÔs Pines, LLC APPLICANT: Request for a 50' variance to the 100' Manning Avenue setback for REQUEST: parcels located at 8355, 8401 and 8455 Manning Avenue None LMDR Ï Low/Medium Density Residential ZONING:COMP PLAN DISTRICT: Abbi Jo Wittman, City Planner PREPARED BY: REQUEST The applicant is requesting a 50Ô variance to the 100Ô setback requirement for three parcels located along Manning Avenue in Stillwater Township. DISSCUSSION The applicants plan to develop property on Manning Avenue at MuKusick Road. It is currently located in Stillwater Township. Before they make application for the preliminary plat and annexation, they have requested a variance. The development potential and design are dramatically altered without the variance. Consequently, the applicants need to know whether the City will support the variance before civil engineering is done. If the Planning Commission approves the variance, it would not become effective until the plat is approved for the project. The parcels are a part of Orderly Annexation Area Phase IV meaning the property owner may, if certain conditions exist, petition for annexation to initiate annexation on or after January 1, 2015. Prior to annexing the property, the prospective purchasers are seeking a variance to determine a development schedule, options for design and development of annexation and platting applications. Washington County is proposing to take a strip of land, 50Ô feet in width, running along the western boundary of these parcels (depicted as the yellow line moving to the pink line on the attached Plan D) for the continuation of the Manning Avenue trail as well as for the expansion of Manning Avenue to a four lane road. When this occurs, the 100Ô Manning setback will be enforced from the new ROW line. The var 8355, 8401 and 8455 Manning Avenue Case No. 2014-4 (January 13, 2014 CPC) Page 2 would be in the exact location as the current setback from Manning Avenue (depicted as the blue line on the attached Plan D). APPLICABLE REGULATIONS AND STANDARDS Section 31-208,, indicates economic considerations alone do not constitute Variances practical difficulties. It additionally indicates the Planning Commission may grant a variance, but only when all of the following conditions are found: 1.The variance is in harmony with the general purposes and intent of this chapter. The general purpose and intent of the Zoning Code is to regulate restrict use of land for the protection of public health, safety and welfare. The extraordinarily large setback from Manning Avenue was intended to create extra green space along the highway. This setback distance was adopted largely at the request of Stillwater Township when the City was negotiating the orderly annexation agreement with them. As can be seen in the table showing Manning Avenue setbacks below, that extraordinarily wide green space corridor has not been required by the Township or the City in any other single family residential neighborhood developed since the adoption of the regulation and annexation ag 2.The variance is consistent with the comprehensive plan. These parcels have been designated to be classified as a Low/Medium Density Residential (LMDR) development on the Future Land Use Ma the Comprehensive Plan. The LMDR classification, has been designed to provide flexibility in lot size and density with areas developing at 4.4-9.7 units per acre. The variance would allow for a plat to be developed that would be consist with the LMDR future land use category. 3.The applicant for the variance establishes that there are practical difficulties in complying with this chapter. ÑPractical difficulties,Ò as use in connection with the granting of a variance, means that all of the following must be found to apply: i.The property owner proposes to use the land in a reasonable mann permitted in the zone where the land is located, but the proposa permitted by other official controls. The proposal is for the platting of a residential development; t permitted in this location. ii.The plight of the landowner is due to circumstances unique to th and that are not created by the landowner. 8355, 8401 and 8455 Manning Avenue Case No. 2014-4 (January 13, 2014 CPC) Page 3 With the CountyÔs future expansion of Manning Avenue and the Man Avenue trail, a 50Ô strip of land will decrease the overall land parcel, thus reducing the western parcels by ½ of the minimum lot width for parcels in a RB Ï Two Family district. This, combined with the cityÔs, 100Ô setback from Manning Avenue and 20Ô front yard setback, cre practical difficulty in the platting of 7,500 square foot parcels in this location. iii. The variance, if granted, will not alter the essential character. The variance would create a setback from Manning Avenue similar single family (SFR) parcels, adjacent to the eastern boundary of Avenue, located to the south of the subject property: Subdivision Address Apx. Setback SettlerÔs (Townhome)3690 Ambercrombie Ln. 100Ô Liberty (Townhome) 7225 Manning 40Ô Liberty West (SFR) 3726 Planting Green 50Ô Liberty (SFR) 456 Harvest Green 35Ô Stillwater Crossing (SFR) 602 Eben Court 50Ô FINDINGS AND RECOMMENDATION Staff finds the variance request, which will not alter the essential character of the locality, is reasonable given the unique circumstances. Additionally, staff finds the application is consistent with the zoning ordinance and comprehensive plan. Staff recommends approval of a 50Ô variance to the 100Ô Manning the parcels located at 8355, 8401, and 8455 Manning Avenue with the following conditions: 1.The 50Ô setback area shall include considerable landscape screen potential berm. The plan for screening in this location shall b approve at the time of preliminary plat. 2.A final plat must be approved by the City of Stillwater. ATTACHMENTS Site Location Map Memo from John DeBenedet, P.E. (2 pages) Plan D, December 19, 2013 HTRONENALRANIM HTRON EUNEVA ENALYRAM