HomeMy WebLinkAboutResolution 2024-28 Variance - Woodland Hills - FinalCity of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2024�28
Motion By: Nichols
Seconded By: Schultz
April 115 2024
A RESOLUTION APPROVING THREE VARIANCES FOR "WOODLAND HILLS OF
CORCORAN" ON THE PROPERTIES LOCATED AT THE NORTHEAST CORNER OF
COUNTY ROAD 116 AND HACKAMORE ROAD (PID 36A 19=23-33=0007, 36A 19=23-33-0009,
AND 36-119=23-33-0010)
(CITY FILE NO. 23-032)
WHEREAS, Woodland Hills of Corcoran, Inc. ("the applicant") requests approval of a preliminary
plat for 60 residential lots, 1 amenity lot, and 5 outlots on property described as follows:
See Attachment A
WHEREAS, the applicant also requested approval of three variances from underlying district and
performance standards,
WHEREAS, the Planning Commission reviewed the request at a duly called Public Hearing, and;
NOW, THEREFORE, BE IT RESOLVED that the Corcoran City Council approves the request for
three variances subject to the following findings and conditions;
1. The requested variance from Section 1060.050, Subd. 7 to allow a 7.5' side setback is
approved based on the following findings:
a. That there are practical difficulties in complying with the Zoning Ordinance. The
applicant requests flexibility for builders to locate a home On a lot. It is anticipated
the lots will be sold to multiple various local builders for construction of custom
homes. A clear side setback will allow for consistency, avoid confusion between
builders, landowners, and City staff, while still maintaining a 15' building
separation.
b. That the conditions upon which a petition for a variation is based are unique to the
parcels of land for which the variance is sought and were not created by the
landowners. The subdivision is on a 36.74-acre site that is bordered on the south
by Hackamore Road and to the west by County Road 116. These constraints result
in a lot design and house placement restrictions that are unique to the project
boundaries.
That the granting of the variation will not alter the essential character of the locality.
The underlying district
structures on adjacent
standards require a minimum 15' separation between
lots. The requested 7.5' side setback will maintain this
separation which is consistent with the essential character of the locality.
The proposed variance would be in harmony with the general purposes and intent
of the ordinance. The underlying district standards require a minimum 15'
separation between structures on adjacent lots. The requested 7.5 side setback
0
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City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION No. 2024-28
April 1 1, 2024
wIII maintain this separation which is consistent with the purpose and intent of the
ordinance.
e. The variance is consistent with the Comprehensive Plan and maintains the
Conservation Residential land use designation.
f. The City may impose conditions on the variance to address the impact on the
variance. A 25' front setback shall be applied to offset the impact of granting the
deviation in the side setback. The front and side setbacks shall be documented on
the preliminary plat.
2. The requested variance from Section 1040.050, Subd. 8(B) to allow a garage maximum
of 65% of the viewable ground floor street -facing linear building frontage for 3-car
garages and 70% for 4-car garages is approved based on the following findings:
a. That there are practical difficulties in complying with the Zoning and Subdivision
Ordinance standards. There is market demand for 3-car and 4-car garages which
is a reasonable use of these properties. However
mpractcal to meet density
b. That the conditions upon which a petition for a variation is based are unique to
the parcel of land for which the variance is sought and were not created by the
landowner. The subject properties of the subdivision will be made available to
multiple builders for custom built lots. The preference for a 3-car or 4-car garage
is based on market demands which are not created by the landowner.
Additionally, the City's ordinances limit and at times prohibit on -street parking, so
property owners have an interest in building a home with sufficient garage space
for their vehicles.
c. That the granting of the variation will not alter the essential character of the
locality. A larger garage frontage can be minimized with a second story and/or
larger setback from the road. Planned Unit Developments in the area have been
granted flexibility from this standard. Additionally, it is not uncommon for older
neighborhoods within the City to have either a larger garage or second garage.
d. The proposed variance would be in harmony with the general purposes and
intent of the ordinance. Conditions can be added to minimize the appearance of
the garage to ensure harmony with the purpose and intent of the ordinance.
e. The variance is consistent with the Comprehensive Plan as a deviation does not
conflict with the Conservation Residential land use guiding.
f. The City may impose conditions on the variance to address the impact of the
variance. Houses that choose to bypass the 55% maximum garage limit shall
include a second story as a way to minimize the visual impact of the larger
garage. This shall be confirmed with each building permit.
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City of Corcoran
County of Hennepin
State of Minnesotel
a
RESOLUTION NU. 2024-28
April 7 7, 2024
3. The following flexibilities from the City's buffer yard requirements in Section 1060.070,
Subd. 2(J) is approved:
a. The required Class B buffer yard with a 30' width for Lot 19 can be planted in the
new right-of-way, north of the lot, to be dedicated as part of the plat. It is
understood that the plantings in the right-of-way will eventually be removed when
the future roadway is constructed. A berm is not permitted in this area to satisfy
the buffer yard requirements.
b. Along the north and east project boundary, existing vegetation can count to
the buffer yard planting requirements if the vegetation meets the following
criteria:
i. Plantings must have a caliper of more than 2".
ii. Plantings must be located within the project boundaries.
wards
iii. Plantings must be of a desired species, including elm, aspen, cherry,
oaks, or other similar species that are on either preferred tree list in
Appendix B or Appendix C of the Zoning Ordinance.
4. The buffer yard variance as discussed in paragraph 3 is approved based on the
following findings:
a. That there are practical difficulties in complying with the zoning ordinance. There
is existing natural vegetation in varying degrees that provides an existing buffer
between the properties to the north and east. It is reasonable to allow existing
plantings to offset the required numbers of new plantings in order to maintain the
health of the existing buffer. Additionally, the buffer yard ordinance allows local
roads shown in the 2040 Comprehensive Plan to satisfy buffer yard
requirements. The road right-of-way north of Lot 19 is not shown on the
Comprehensive Plan but is still required by the City's infrastructure feasibility
study for a future connection to County Road 116 based on Hennepin County's
spacing requirements. The buffer yard plantings cannot be located in right-of-way
per the ordinance. However, this right-of-way will likely remain until the properties
to the north develop/re-develop several years in the future at an urban density. It
is reasonable that the buffer yard plantings be located in the right-of-way until the
road is constructed. It is understood that the buffer yard for Lot 19 will eventually
turn into a road and the plantings will not remain in perpetuity.
b. That the conditions upon which a petition for a variation is based are unique to
the parcel of land for which the variance is sought and are not created by the
landowner. The existing vegetation of the property and the required right-of-way
are unique to the property and the conditions were not created by the landowner.
c. That the granting of the variation will not alter the essential character of the
locality. The flexibilities granted for this variance will result in a substantial buffer
that will allow healthy plant growth.
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City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION NO. 2024-28
April 11, 2024
d. The proposed variance would be in harmony with the general purposes and
intent of the ordinance. The flexibilities granted for this variance will result in a
substantial buffer for existing neighborhoods without placing burden on them to
provide their own screening from new development.
e. The variance is consistent with the Comprehensive Plan. The buffer yard
ordinance is a strategy to protect rural character, and the approved flexibilities
will still provide the significant screening desired to protect rural character.
f. The City may impose conditions on the variance to address the impact of the
variance. The following shall be addressed with submittal of the final plat to meet
the flexibilities granted in this variance request:
i. The applicant must provide an updated tree survey for all plantings
proposed to count towards the buffer yard requirements on the north and
east property lines in order to finalize the number of new plantings
required in these areas.
5. The applicant is required to record this resolution with the Hennepin County's Recorder's
Office and provide proof of recording to the City.
VOTING AYE
® McKee, Tom
® Bottema, Jon
® Nichols, Jeremy
® Schultz, Alan
® Vehrenkamp, Dean
VOTING NAY
❑ McKee, Tom
❑ Bottema, Jon
❑ Nichols, Jeremy
❑ Schultz, Alan, Jeremy
❑ Vehrenkamp, Dean
Whereupon, said Resolution is hereby declared adopted on this 11t'' day of April, 2024.
ATTEST:
w
Michell'�Friedrich —City Clerk
Tom cKee -Mayor
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City Seal
City of Corcoran
County of Hennepin
State of Minnesota
RESOLUTION No. 2®24�28
ATTACHMENT A
April 7 77 2024
Parcel 1:
The East 450.00 feet, as measured along the north and south lines, of the South 933.80 feet as
measured at right angles to the south line, of the Southwest Quarter of the Southwest Quarter
(SW Y4 of SW Y4) of Section 36, Township 119, Range 23, Hennepin County, Minnesota,
Abstract Property.
Parcel 2:
The South 933.80 feet of the Southwest Quarter of the Southwest Quarter (SW Y4 of SW Y4) of
Section 367 Township 119, Range 23, Hennepin County, Minnesota as measured at right
angles to the south line thereof; except the East 450 feet a
south lines thereof, and except that part thereof which lies
distant 40 feet East o
Abstract property.
f the West line of said section.
s measured along the north and
West of a line parallel with and
Parcel 3:
That part of the Southwest Quarter of the Southwest Quarter (SW %4 of SW %4), of Section 36,
Township 119, Range 23, lying North of the South 933.80 feet as measured at right angles to
the South line thereof. Except the West 450.00 feet of the North 200.00 feet as measured at
right angles to the North and West lines thereof. Also except the West 40.00 feet of said
Southwest Quarter of the Southwest Quarter, Hennepin County, Minnesota.
Abstract Property.
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