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HomeMy WebLinkAboutResolution 2022-128 Tharp Accessory Structure CUPCity of Corcoran County of Hennepin State of Minnesota RESOLUTION INU. 2022-128 Motion By: Nichols Seconded By: Bottema October 27, 2022 APPROVAL OF A CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 20420 DUFFNEY CIRCLE (PID 11-119-23-31-0011) (CITY FILE NO. 22-055) WHEREAS, Shawn Tharp, the applicant, requests approval of a conditional use permit to allow for the construction of an accessory building on property legal described as follows: SEE A T TA CHMENT A WHEREAS, the applicant also requests an approval period of 5 years to allow for the accessory structure to be built into the following two phases: Phase 1—Footprint of up to 6, 090 square feet. Phase 2 — Footprint of up to 7,530 square feet. WHEREAS, the Planning Commission reviewed the conditional use permit at a duly called public hearing; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORCORAN1 MINNESOTA, that it should and hereby does approve the request, subject to the following findings and conditions; 1. A conditional use permit is approved to allow for the construction of a building as shown on the application and plans received by the City on October 6 2022 and as amended in this Resolution. 2. A conditional use permit is approved to allow the accessory structure to be built in two phases. Phase 1 will have a footprint of up to 6,090 square feet. Phase 2 will have a footprint of up to 7,530 square feet. 3. The applicant must comply with the Engineering Memo dated September 26, 2022. 4. A certificate of compliance to allow metal siding and a metal roof on this accessory building is approved as part of the conditional use permit. a. The building materials must comply with Section 1060.050, Subd. 1(D)(3) of the Zoning Ordinance. 5. A conditional use permit to allow an accessory building with Bin. in the front yard is approved, subject to the followings fi a sidewall height of 14 ft. a. The proposed accessory structure is in conformance with all City Regulations. Accessory structures are a permitted use in the Rural Residential District, and the proposed plans significantly comply with standards for accessory structures as outlined in Section 1030.020 of the Zoning Ordinance, Page 1 of 5 City of Corcoran County of Hennepin state of Minnesota RESOLUTION INU. 2022-128 October 21, 2022 b. The applicant submitted a certificate of survey and uncertified wetland delineation that provided the necessary information to evaluate his request. c. The proposed accessory structure complies with applicable criteria as outlined in Section 1070.020 (Conditional use Permits) of the Zoning Ordinance, as further discussed in paragraph 5 of this Resolution. d. The proposed building is compatible with surrounding Rural Residential homes and accessory structures. This will be ensured by requiring landscape screening along Duffney Drive. 6. A conditional use permit is approved to allow for an accessory structure footprint of 7,530 sq. ft. and a sidewall height of 14 ft. 8 in., subject to the findings that applicable criteria as outlined in Section 1070.020 (Conditional Use Permits) of the Corcoran Zoning Ordinance are satisfied. Specifically: a. The proposed use complies with the Comprehensive Plan. The project is consistent with the Rural/Ag Residential land use designation and maintains the desired rural character of the area. b. The establishment of the conditional use will promote and enhance the general public welfare. Granting the conditional use permit for the new structure will allow for the orderly storage of the applicant's recreational vehicles. c. The conditional use will not be injurious to the use and enjoyment of other property in the immediate vicinity. Existing vegetation will provide screening to the adjacent north and south properties. Storage of accessory vehicles within an accessory structure is preferred to exterior storage of recreational vehicles, and the accessory structure is unlikely to lead to an injurious impact or diminish property values. d. The establishment of the conditional use will not impede the normal and orderly development of surrounding property uses permitted in the district. e. Municipal sewer and water are not available to the site and are not required to accommodate the proposed use. Well and septic systems are available on the property and are sufficient. f. The conditional use conforms to the applicable regulations of the Rural Residential district. g. Conditions in this resolution will ensure the conditional use and site conform to the accessory structure ordinance. Staff found that the building conforms to all other performance standards specified in the Zoning Ordinance and City Code as required by Chapter 1070.020. Page 2 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION No. 2022-128 October 27, 2022 7. The accessory structure cannot be used for commercial purposes unless a separate approval is requested and granted by the City. 8. The accessory structure cannot be rented out as storage space and may only be used by the property owner and/or occupants of the property. 9. The applicant must provide a double row of landscaping consisting of a mix of coniferous and deciduous trees that meet the minimum size requirements in Section 1060.070 to provide screening for the building along Duffney Drive and along the property line immediately south of the structure. a. Landscaping is not required where it will conflict with the existin overhead power lines north of the proposed building location. g easement for 10. The applicant must enter into a site improvement performance agreement and submit a financial guarantee for the proposed work as outlined in Section 1070.050, Subd. 9 of the Zoning Ordinance. 11. The financial guarantee will remain with the City until one of the following events occur: i. The completion of Phase 2 of the building, including installation of the required screening. ii. Phase 1 of the building (including installation of required screening) is complete, but construction of Phase 2 has not yet commenced and the approvals for Phase 2 of the building have expired. iii. Phase 1 of the building (including installation of required screening) is complete, and the applicant submits a written request to withdraw the approvals for Phase 2 of the building. 12. A building permit is required prior to beginning construction. 13. FURTHER, that the following conditions must be met prior to issuance of building perm its: a. A revised Site Plan must be submitted that addresses the following: i. Dimensioned setbacks of the structure and driveway from the east, north, and south property lines for Phase 1. ii. Dimensioned setbacks of the structure and driveway from the east, north, b. Rev li s i i. . and south property lines for Phase 2. Removal of the second driveway access on to Duffney Circle. e building plans must be submitted that addresses the following: An overhang minimum of 24 in. Building plans specific to Phase 1 of the building. c. A landscape plan must be submitted that clearly identifies the following: i. Areas of tree removal. ii. Areas of tree preservation. iii. Proposed trees to meet screening requirements. iv. Proposed screening for Phase 1 of the building. Page 3of5 City of Corcoran County of Hennepin State of Minnesota RESOLUTION 11U. 2022-128 Proposed screening for Phase 2 of the building. October 27, 2022 d. A formal wetland delineation must be certified to grade up to the wetland limits. e. If the location of the certified wetland boundary differs from the submitted site plans, the site plan and grading plan must be modified to ensure grading remains outside of the wetland. f. If it is determined that the disturbed area is over an acre, the applicant must obtain a permit with the Watershed Management Organization. g. The applicant/landowner must record the approving resolution at Hennepin County and provide proof of recording to the City. 14. Approval shall expire within three years of the date of approval unless the applicant commences the authorized use and the required improvements. If Phase 2 of the building has not commenced as of the expiration date, then the total allowable footprint on the property will be limited to 6,090 square feet assuming Phase 1 of the building has commenced. The applicant can apply for an additional time extension of up to one year as allowed by Section 1070.020, Subd.7(A) of the Zoning Ordinance. VOTING AYE ® McKee, Tom ❑ Bottema, Jon ® Nichols, Jeremy ❑ Schultz, Alan ® Vehrenkamp, Dean VOTING NAY U McKee, Tom ® Bottema, Jon ❑ Nichols, Jeremy ❑ Schultz, Alan ❑ Vehrenkamp, Dean Whereupon, said Resolution is hereby declared adopted on this 27t'' day of October, 2022. ATTEST: Miche e Friedrich —City Clerk Tom Mc�e -Mayor City Seal Page 4 of 5 City of Corcoran County of Hennepin State of Minnesota RESOLUTI®N NO. 2022-128 A III Attach Lot 1, Block 1, and Ouflot 8, DUFFNEY ESTATES according to the recorded plat thereof, Hennepin County, Minnesota. And The part of Lot 1, Block 2, DUFFNEY ADDI TION, According to the recorded plat thereof, Hennepin County, Minnesota, lying west of the following described line: October 27, 2022 Beginning at a point on the south line of said Lot 1, 60.00 feet east of the Southwest corner of said Lot 1 thence northerly, parallel and distant to the most southerly west line of said Lot 1, a distance of 249.87 feet to the most southerly north line of said Lot 1 and there terminating. Page5of5