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Sack - Waseca County

VIEWS: 3 PAGES: 16

									                            WASECA COUNTY BOARD OF ADJUSTMENT

                            PUBLIC HEARING ON VARIANCE REQUEST
                                         PUBLIC HEARING DATE:
                                                   June 3, 2010
                                                       7:00 P.M

                                                           Joseph W. Sack
                                                       38257 – 25th Street
                                                      Janesville, MN 56048




Figure 1. Existing site.




Figure 2. Site plan (with topographic information from the Minnesota Department
of Transportation).

                                           REPORTED BY: Mark Leiferman
                                                          Waseca County
                                          Planning & Zoning Administrator

                                                                                  1
Applicant:                  Joseph W. Sack

Property Address:           38257 – 25th Street
                            Janesville, MN 56048

Township Name:              Janesville

Date of application:        May 7, 2010

60 days:                    July 6, 2010

Extension 60 additional days: September 4, 2010

VARIANCE REQUEST:           Request a variance to construct a new single-
                            family dwelling on a parcel of record to replace
                            the prior dwelling which has been destroyed by
                            the applicant.

Parcel Identification No:   R 06.033.0210
Legal Description:          5.00 AC BEG 1257FT N OF SE COR OF E1/2 OF
                            SW1/4; THEN W926.80F THEN N235FT; THEN
                            E926.80FT;THEN S235FT TO PT OF BEG

PROPOSED USE:               Replacing a single-family dwelling with a home
                            to be moved-in, in an alternate location of
                            prior dwelling.




Figure 3. Home to be moved to Sack site.




                                                                           2
COMPREHENSIVE PLAN USE:         Industrial




                                                   SACK Property




Figure 4. Comprehensive Plan Future Land Use Map




                                                                   3
 ZONING DISTRICT:                      I-Industrial District




Sack Property




                                 Figure 5. Zoning Map for Janesville Township Area


 ZONING CODE:

 Article 2 Non-conformities and Lots of Record
 Section 4 Non-conforming Structures
 1. Restoration
    No building which has been damaged by fire, explosion, natural disaster, as
    designated by the County Board, to the extent of more than fifty (50) percent of
    its replacement value, as determined by the County Assessor, and no building
    permit has been applied for within one (1) year of when the property was
    damaged, shall be restored except in conformity with the regulations of this
    Ordinance. This provision shall not apply to buildings exempted by Minnesota
    State law.




                                                                                   4
Article 3 Development Review Processes and
Requirements
 Section 2 Zoning Permits
   3.   Application for Zoning Permit
  (a) Application for a zoning permit shall be made to the Zoning Administrator on
      forms to be furnished by the County and must be signed by the applicant.
      Each application for a permit to construct or alter a building shall be
      accompanied by a plan, showing the survey dimensions of the lot to be built
      upon and the size and location of the building and accessory buildings to be
      erected, or such information as required by the Zoning Administrator.
      Applications shall contain such other information as may be deemed
      necessary for the proper enforcement of this Ordinance or any other. The
      Zoning Administrator shall issue the zoning permit only after determining
      that the buildings, and site plans (if necessary), together with the
      application, comply with the terms of this Ordinance, except as provided in
      Subsection 2.1(b) in this Article and that the applicant has no zoning
      violations outstanding or delinquent property taxes.
  (b) Before any dwelling or other structure is moved onto a lot, the Planning
      Commission, by Conditional Use permit process, shall recommend to the
      County Board whether the structure will be compatible with other
      development in the area. The applicant shall submit photographs taken from
      two or more angles of the structure to be moved and photographs of the lot
      on which the structure is to be located together with photographs of adjacent
      lots and structures.
  (c) A dwelling or other structure found not to be compatible with other
      development in the area by the County Board shall not be issued a zoning
      permit.
  (d) If an applicant demonstrates that an incompatible dwelling or other structure
      can be made compatible and demonstrates the ability and intent to improve
      the dwelling or other structure within a period of not more than 3 years,
      unless the County Board later extends the time for completing
      improvements.
  (e) A dwelling or other structure will be considered incompatible if it significantly
      lowers the property values or significantly detracts from the aesthetic quality
      of other development in the area.
  (f) These requirements shall not apply to a single-family dwelling, permitted
      accessory uses or to agricultural buildings and structures when being located
      upon a farm as defined in Article 8; or to temporary structures being located
      on a lot for 18 months or less.
  (g) An administrative review shall be issued in lieu of a Conditional Use permit
      for any house or structure being moved onto a lot provided all of the
      following criteria can be answered “yes” by the Zoning Administrator:
     (i) The house or structure, in its existing condition, is compatible with other
         development in the area, compatible means:



                                                                                       5
      (1) Photographs are submitted by the applicant taken from two or more
          angles of the structure to be moved and photographs of the lot on
          which the structure is to be located together with photographs of
          adjacent lots and structures. The photographs shall be kept on file,
          and become property of the Office of Planning and Zoning; and
      (2) The house or structure as compared against the two closest adjoining
          structures is of the same or similar character as determined from
          records in the Office of the Waseca County Assessor; and
      (3) The house or structure will not lower the adjoining property value(s)
          as determined and documented by written statement of the Office of
          the Waseca County Assessor and kept on file in the Office of Planning
          and Zoning; and
   (ii) The “aesthetic quality” of the surrounding area is maintained. “Aesthetic
        quality means that the dwelling or structure, in its existing condition,
        being moved onto the lot is of:
      (1) The same or similar building materials; i.e.: brick, stick-built,
          manufactured home, pole construction, etc.
      (2) The same or similar building architecture, i.e.: rambler, log cabin,
          French-second empire, Victorian, Spanish, etc.
      (3) The same or similar amount of stories; i.e.: 1 story, 1.5 story, 2 story
      (4) The same or similar exterior material(s); i.e.: aluminum siding,
          painted exterior, etc.
      (5) The same or similar roofline, i.e.: gable, gambrel, hip, mansard, etc.
      (6) The same or similar roofing material, i.e.: shingles, tile, metal
          sheeting, etc.
(h) If “no” is answered to any of the above listed criteria by the Planning and
    Zoning Administrator, a Conditional Use Permit shall be required.
   Approval or denial of the administrative review must be documented by
   findings of fact and be kept on file in the Office of Planning and Zoning. The
   Planning and Zoning Administrator shall notify the applicant in writing of the
   findings of fact within 14 days of the submittal of the required photographs
   and written request for an Administrative review to move a dwelling or
   structure onto a lot. Appeal of the administrative review shall be heard by
   the Board of Adjustment.
(i) The Planning and Zoning Administrator shall report all findings of fact of the
    Administrative review to the Planning Commission at their next regularly
    scheduled meeting.




                                                                                     6
Article 6 Zoning District Regulations
Section 19 I General Industrial District
1. Purpose. The purpose of the General Industrial District is to:
(a) Maintain and enhance the County’s economic base and promote employment.
(b) Provide a district suitable for general industrial, manufacturing and processing
uses which, due to their size, location and character, require large sites and
separation from residential and similar uses.
(c) Encourage high quality development that avoids or mitigates impacts to natural
systems and less intensive uses.
(d) Ensure that the efficiency and safety of arterial roadways are maintained
through access control management

2. Permitted Uses.
(a) Agriculture, including farm homesteads
(b) Agricultural chemicals, fertilizer sales
(c) Agriculturally-oriented business
(d) Auction Houses
(e) Ethanol or biofuel production, commercial
(f) Feed and seed sales
(g) Grain elevator, grain storage and drying (commercial)
(h) Natural resource manufacturing and processing
(i) Seasonal produce stand
(j) Highway maintenance shops and yards
(k) Local governmental agency building or facility, community center
(l) Parks and public recreation areas
(m) School, trade
(n) Adult uses
(o) Airport, heliport, aircraft rental, sale, servicing, manufacturing, and related services
(p) Automobile, trailer, marine, recreational vehicle, and farm implement sales
(q) Building material sales and storage, lumber yard, garden store, commercial greenhouse,
manufactured home sales
(r) Office services
(s) Repair services- Repair service include, but are not limited to, the repair of: appliances,
furniture and upholstery, jewelry, shoes, musical instruments, watches, and other articles
generally found for sale in retail sales establishments.
 (t) Cold storage plant, ice plant
(u) Contractor’s yard with outdoor storage
(v) Industrial sales establishment includes: dental instruments and supplies, medical and
surgical instruments and supplies, precision instrument sales, sign contractor, welding
supply, and new and used equipment (except unlicensed motor vehicles);sales and
inventory.
(w) Manufacturing, limited, including light assembly and packing- Limited manufacturing
includes: Manufacture and assembly of cabinets and woodworking products; camera and
photographic products; clothing; computers and accessories; confectionary and related
products; footwear; film and video equipment; hand and edge tools; handbags and
luggage; laboratory instruments and associated equipment; medical equipment; sports
equipment; temperature controls; telecommunications equipment; bottling or distillation,
printing, publishing, engraving and reproduction, newspaper plant and office, design and
manufacture of patterns.
(x) Manufacturing, general- includes the manufacturing and/or assembly of these products
or conducting these processes: electric lighting and wiring equipment; electrical products
and appliances; fabricated metal, plastic and rubber products (except tires and inner


                                                                                              7
tubes); glass and glass products; textiles and fabrics; optical instruments and lenses;
gypsum, drywall, plaster, and stone products; machinery and equipment such as engines
and turbines, cooling and refrigeration equipment, and machine tools; metal working such
as stamping, welding, extruding, engraving, plating, grinding, polishing, cleaning, and heat
treating.
(y) Truck terminal, truck stop, freight terminal
(z) Warehouse distribution facility
(aa) Railroad right-of-way, but not including railroad yard
(bb) Kennels – private
(cc) Outdoor display
(dd) Parking facility
(ee) Solar equipment
(ff) Auction site
(gg) Other accessory uses and structures that are incidental to the principal use
3. Conditional Uses (See Article 4 for Accessory Uses).
(a) Mineral extraction, mining
(b) Organized motor sports: ATVs, trucks, tractors or motorcycle tracks or trails (not
including auto or other vehicle racing, tracks or events)
(c) Automobile repair
(d) Automobile service station, car wash
(e) Convenience gas and goods sales
(f) Restaurant (drive-in), theater (drive-in), or similar uses that provide goods and services
to patrons in automobiles
(g) Veterinary and animal clinic and facilities for the care and/or breeding of animals
including kennels
(h) Advertising sign (off-site)
(i) Fertilizer manufacture
(j) Storage, bulk
(k) Landfill (sanitary), recycling facility
(l) Salvage yard, recycling facility with incinerator, other facilities with incinerators
(m) Antennae for radio, television, and communication facilities
(n) Essential services, facilities, and structures
(o) Wind turbine, accessory
5. Dimensional standards. Development within the General Industrial District
shall be subject to the following minimum dimensional standards:
(a) Lot area:
(i) Principal permitted and conditional uses – as necessary to meet all setbacks and
coverage regulations, or as specified by conditional use permit.
(ii) No minimum lot area required for utilities, public uses, and communication
towers except as otherwise required.
(b) Minimum lot width: 100 feet
(c) Minimum setbacks from property or road right-of-way lines, principal structures:
(i) Front yard 50 feet
(ii) Side yard 15 feet, or 50 feet from any lot in a residential or agricultural district
(iii) Rear yard 15 feet or 50 feet from any lot in a residential or agricultural district
(d) Minimum setbacks from property or road right-of-way lines, accessory
structures:
(i) Front yard same as principal structure
(ii) Side yard 10 feet
(iii) Rear yard 10 feet
(e) Minimum setbacks, windbreaks and trees
(i) Road right-of-way of less than 100 feet: 20 feet from right-of-way
(ii) Road right-of-way of 100 feet or greater: 15 feet from right-of-way

                                                                                                 8
(iii) From side or rear parcel boundary: 10 feet for windbreaks consisting of shrubs
and 20 feet for trees, as defined.
(iv) Side or rear windbreak and tree setbacks may be reduced or eliminated by
agreement of adjoining property owners when the agreement is filed with the
Zoning Administrator and recorded by the County Recorder of Deeds.
(f) Maximum height for all structures except agricultural structures, utilities and
communication or wind towers: 70 feet
(g) Maximum impervious coverage: 75% of lot area


ADJACENT PROPERTY USE:
The site is surrounded by a gravel pit and is across the street from farmland and
another residence. The southerly portion of the gravel pit is being reclaimed at the
present time.




Figure 5. Area map




                            Figure 6.
                     Neighbor’s Home




                                                                                       9
                                                     Ramblers and
                                                      Split Foyers



                                             SITE



                                                         Two-Story Home



STRUCTURES:




Figure 7. Aerial Photograph of site (buildings removed are shown with an “x”)




                                                                                10
Figure 8 and 9. Site Photographs

The property is currently improved with two sheds as shown in the photographs
above.



CURRENT PROPOSAL:




Figure 10. Partial site plan illustrating the new home location.




                                                                                11
Figure 11. Photograph from site looking south.


TOWNSHIP RECOMMENDATION:
The Township did not comment on this application before this report was sent to the
Board of Adjustment.


STAFF RECOMMENDATION & SUGGESTED CONDITIONS:
The applicant coordinated and contracted for a scheduled burning of the prior
single-family dwelling with the Janesville Fire Department within the last couple of
months. The applicant also removed an existing garage so that the new dwelling
can be placed in that location.

The Unified Development Code and Zoning Map was adopted August 1, 2009 and
the property was then included in the Industrial District because of the new
Highway 14 bypass in that area. Prior to this date, the site was zoned in the
Agricultural District. Residential uses are not included as a permitted nor a
conditional use in the Industrial District. However, the dwelling had existed at the
time of the zoning code change, and was considered a legal, non-conforming use.
Article 2 Non-conformities and Lots of Record, Section 4 Non-conforming Structures,
Restoration states that “No building which has been damaged by fire… shall be
restored except in conformity with the regulations of this Ordinance.” However, the
applicant is requesting to rebuild the house on the same parcel within the current
year but at another location, which is the reason for the variance request.
Staff recommends approval of the variance to allow the restoration of the home in
an alternate location with no conditions. The Planning and Zoning Administrator
finds the area to have similar homes adjacent to the one proposed to be moved in.



                                                                                       12
The County Engineer had no comment on this project.




CRITERIA FOR GRANTING VARIANCES:
The Board of Adjustment shall consider the following criteria when considering
approval of a variance:

   (a)   The property cannot be put to a reasonable use if used under the
         conditions allowed by this Ordinance.
   (b)   The conditions causing the hardships are unique to the property and not
         created by the landowner.
   (c)   The granting of the variance will not alter the essential character of the
         locality.
   (d)   The granting of the variance is consistent with the comprehensive plan.
   (e)   The variance will be in harmony with the general purposes and intent of
         the zoning ordinance.
   (f)   There are practical difficulties or particular hardship in the way of carrying
         out the strict letter of the zoning ordinance.
   (g)   Is the request a substantial variation from the intent of the zoning
         ordinance?
   (h)   Will the request have an adverse effect on government services?
   (i)   Will the requested variance effect a substantial change in the character of
         the neighborhood or will it result in a substantial detriment to neighboring
         properties?
   (j)   Is there another feasible method (economic considerations play a role in
         the analysis under this criteria) to alleviate the need of a variance?
   (k)   How did the need for a variance arise; did the landowner create the need
         for the variance?
   (l)   Whether, in light of all of the above factors, will allowing the variance
         serve the interests of justice?




                                                                                     13
   FINDINGS OF FACT SUPPORTING/DENYING AN AREA
                     VARIANCE

                      WASECA ZONING CODE CRITERIA

The Board of Adjustment should also weigh each of the criteria when deciding
whether the Variance Application should be granted:

      a)    The property cannot be put to a reasonable use if used under the
            conditions allowed by this Ordinance.
            Yes _____No__x___

            Why: The present use is as an existing residential site with
            accessory structures. The site also contains established tree
            windbreaks.


      b)    The conditions causing the hardships are unique to the property and
            not created by the landowner.
            Yes____ No__x___

            Why: The zoning district was changed from Agricultural to
            Industrial in August 2009 and the permitted and conditional uses,
            and standards and requirements have changed. The parcel has
            been and remains as an existing residential site.


      c)    The granting of the variance will not alter the essential character of the
            locality.
            Yes_x___No_____

            Why: There is another single family home in the vicinity.


      d)    The granting of the variance is consistent with the comprehensive
            plan.
            Yes__x__No_____

            Why: The Comprehensive Plan calls for the land use to be
            “agricultural Open Space” within the “Urban Reserve” area of the
            City of Janesville.


      e)    The variance will be in harmony with the general purposes and intent
            of the zoning ordinance.
            Yes__x_No_____

            Why: The zoning code allows for the restoration of a home when
            destroyed by fire.


                                                                                    14
f) There are practical difficulties or particular hardship in the way of
   carrying out the strict letter of the zoning ordinance.
   Yes__x__No_____

   Why: The parcel has been used as a residential site and was
   considered a legal, non-conforming use according to the UDC.


g) Is the request a substantial variation from the intent of the zoning
   ordinance?
   Yes _____No__x___

   Why: The placement of the home on the lot can meet current
   setbacks.

h) Will the request have an adverse effect on government services?
   Yes _____No__x___

   Why: The site is accessed from a township road and the new
   dwelling unit will utilize the same existing driveway.


i) Will the requested variance effect a substantial change in the character
   of the neighborhood or will it result in a substantial detriment to
   neighboring properties?
   Yes _____No___x__

   Why: The placement of the home on the lot can meet current
   setbacks and has been recognized as a residential use in the past.


j) Is there another feasible method (economic considerations play a role
   in the analysis under this criteria) to alleviate the need of a variance?
   Yes _____No_x____

   Why: Current code and state law allow homes destroyed by fire to
   be replaced on a site in their current location. The variance will
   allow the placement of the home in an alternate location. The
   owner has already acquired the replacement home shown above.


k) How did the need for a variance arise; did the landowner create the
   need for the variance?
   Yes _____No__x___

   Why: Although, the prior dwelling was removed by the landowner
   after the zoning district had changed, the need for the variance
   occurred because applicant proposes to construct the residence in
   an alternate location.


                                                                           15
l) Whether, in light of all of the above factors, will allowing the variance
   serve the interests of justice?
   Yes ____No_____


   Why: The parcel has been in existence as a residential building
   site, the replacement dwelling is similar to the prior dwelling
   and in character with surrounding residences, the applicant has
   removed other structures on the site so as to place the new
   residence in a more appropriate location.




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