Planning Commission Agenda Packet 04-26-1993AGENDA SPECIAL MEETING - MONTICELLO PLANNING COMMIMON Monday, April 26,1993 - 6 p.m - Members: Cindy Lemm, Richard Martie, Jon Bogart, Richard Carlson, and Brian Stumpf 6:00 p.m. 1. Call to order. 6:02 p.m. 2. Public Hearing --A variance request to allow a detached accessory building to be placed within the front yard setback requirement. Applicant, Allan Poach. 6:30 p.m. 3. Adjournment. Special Planning Commission Agenda - 4/26/93 Public Hearin¢—A variance requesl to allow a detached agcessory bnilding to be placed within the front vard setback requirement Aanllcant Allan Poach. (G.A. ) A. REFERENCE AND BACKGROUND: Mr. Poach is proposing to build a 28' a 30' (840 sq ft) accessory building within the front yard setback requirement in front of his existing house. The house already has a tuck -under garage. The minimum front yard setback at this location is the average distance between the two adjoining structures. The two adjoining structures are the existing residential house with a tuck -under garage and the adjoining property to the east, a house and garage. In Mr. Poach's case, the setback of his house being 80 ft from his front property line and the adjoining house and garage to the east are 21 ft from the property line. To meet the minimum setback requirement, Mr. Poach would have to place his accessory building 60.5 ft from the front property fine. In referring to site plan "A", you will note Mr. Poach is proposing a 30 -ft setback from the front property line. When Mr. Poach's house was built, it was placed way to the back of the lot. With the construction of this house on the lot, the lowest livable portion of the house, that being the basement, with the tuck -under garage as part of this, was constructed at a level very close to the elevation of the center of West River Street. With the low placement of this house on the lot, poses problems for surface water drainage off of this lot out to West River Street. If the accessory building is placed on the lot as proposed, the rear portion of the building will have to be cut back into the side of the embankment because at this location the grade changes and rises to go around the side of the house. Moving the garage farther back to meet setback requirements would create drainage problems. One thing to remind I'lanning Commission members is that this is the property where the fish houses were constructed last winter and built for sale. The applicant should be asked if his intent is to build fish houses out of this detached accessory building. This use is not allowed, as building fish houses for sale is not a use incidental to residential uses. B. ALTERNATIVE ACTIONS: 1. Approve the variance request to allow a detached accessory building to be placed within the front yard setback requirement. Special Planning Commission Agenda - V2"3 Deny the variance request to allow an accessory building to be placed within the front yard setback requirement. Approve the variance request to allow a detached accessory building to be placed in the front yard setback with the condition the owner is put on record that the variance is granted for the accessory use to be placed within the front yard setback requirement, that use is for a use that is found incidental to the residential use. The use of this accessory building is not for storage of more than one commercial vehicle over 9,000 lbs. or for the commercial use of this detached building to build fish houses in and sell them from this property. C. STAFF RECOMMENDATION: Due to the location of the existing house on the property and with the lay of the land around the existing house to place a detached accessory building, this is probably the better of the locations for a detached accessory building to be built on the property. It could be argued that the lay of the land creates a physical hardship that limits the ability of the property owner to meet the setback requirement. The accessory building is relatively large. The magnitude of the variance could be reduced by requiring that the depth of the building be reduced from 28 R to a lesser figure. The use of this detached accessory building should only be for an incidental use of the residential use of the property. The use should not be for storage of more than one commercial vehicle over 9,000 lbs. or for the use of a commercial building activity building fish houses or sheds, which are brought outside to be placed on the property to be sold. _SUPPORTING DATA: Copy of the location of the proposed variance request; Copy of the ordinance definition for an accessory building or use; Copy of the minimum setback requirements; Copy of site plan "A"; Copy of site plan "B". ,T y CHAPTER 2 RULES AND DEFINITIONS SECTION: 2-1: Rules 2-2: Definitions 2-1: RULES: The language set forth in the text of this ordinance shall be interpreted in accordance with the following rules of construction: [A] The singular number includes the plural and the plural the singular. (B] The present tense includes the past and the future tenses, and the future the present. (C) The work "shall" is mandatory while the word "may" is permissive. (D] The masculine gender includes the feminine and neuter. 2-2: DEFINITIONS: The following words and terms, wherever they occur in this ordinance, shall be interpreted as herein defined: (AA) ACCESSORY BUILDING OR USE: A subordinate building or use which is located on the same lot on which the main building or use is situated and which is reasonably necessary and incidental to the conduct of the primary use of such building or main use. (AB) ADDRESS SIGN: A sign communicating street address only, whether written or in numerical form. (AC] ADMINISTRATIVE PERMIT: A temporary permit granted by the Zoning Administrator, after City staff approval, without a public hearing, granted to a specific individual at a specific location, to address those requests and proposals for specific uses that are not allowed under the strict provisions of this ordinance, but that present no apparent conflict with the intent of this ordinance. An administrative permit may be renewed indefinitely but cannot, under any circumstance, be transferred to another person or location. An administrative permit may be revoked upon ten (10) days' written notice when and if the use evolves into a use determined to be in violation of this ordinance. MONTICELLO ZONING ORDINANCE 2/1 is less than the minimum required, it shall not be further reduced. No required open space provided around any building or structure shall be included as a part of any open space required for another structure. (C) All setback distances as listed in the table below shall be measured from the appropriate lot line and shall be required minimum distances. Front Yard Side Yard Rear Yard A-0 50 30 50 R-1 30 10 30 R-2 30 10 30 R-3 30 20 30 R-4 30 30 30 PER See Chapter 10 for specific regulations. PEN See Chapter 10 for specific regulations. B-1 30 15 20 8-2 30 10 20 8-3 30 10 30 8-4 0 0 0 I-1 40 30 40 I-2 50 30 50 1. In R-1, R-2, B-1, and B-2 districts where adjacent structures, excluding accessory buildings within same block, have front yard setbacks different from those required, the front yard minimum setback shall be the average of the adjacent structures. If there is only one (1) adjacent structure, the front yard minimum setback shall be the average of the required setback and the setback of the adjacent structure. In no case shall the minimum front yard setback exceed thirty (30) feet, except as provided in subsection (F) below. 2. In R-1, R-2, B-1, and B-2 districts, if lot is a corner lot, the side yard setback shall be not lose than twenty (20) feet from the lot line abutting the street right-cfway line. (0) The following shall not be considered as encroachments on yard setback requirements: 1. Chimneys, flues, belt courses, leaders, sill, pilaster, lintels, ornamental features, cornices, eaves, gutters, and the like, provided they do not project more than two (2) feet into a yard. 2. Terraces, steps, or similar features, provided they do not extend above the height of the ground floor level of the principal structure or to a distance less than two (2) feet from any lot line. NONTICELLO SOWING ORDINANCE 3/10 r N 5i4c 1 ff . N t 1�5 C. 0 \ tD 8 6 o 6 6 O 2 I 66 66 0 i 0n —D 5 — '25 100 �- 65 66 80 66 66 80 :66 co i;lv�� ST loot"66 Ws, 66 80 66 66 80 66 6 V.- 10 6 Ln 13 91 tn w L 9 in 10 A 0 —I 5— _I �. 80 00 80.3 66 d. G 66 66CC G6 0 q GG 166 66 116 j 66 c I • �', ? Gin X10 G inI �. 3