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
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