HomeMy WebLinkAboutX-C-03 413 2nd Street W. - Fred WeilandCity Council Memorandum
To:Mayor Fasbender and City Council
From:Justin Fortney, City Planner
Date:May 5, 2025
Item:Resolution: Structure Move and Variance #2025-08 –413 2nd Street W –Fred
Weiland
Council Action Requested:
Consider adoption of the attached resolutions granting the following requests of Fred
Weiland at 413 2nd St W:
1.Move an existing rambler from outside the city to the subject property to be used
as a garage. Chapter 30.03 Board of Design Control, Subd. (C) Referral By
Planning Director.
Adoption of a structure move requires the simple majority support of Councilmembers.
2.A five-foot variance to the ten-foot street side setback of an accessory structure.
Chapter 155.05, Subd. (D)(11) –Accessory structures: R-2, Corner side setback –
10’.
Adoption of a variance requires the support of at least six of seven Councilmembers.
Background Information:
The applicant is proposing to move a vacant rambler from 12003 Akron Avenue in
Rosemount to the subject property for use as a garage. The rambler was built in 1949 and
is 920 square feet in size, measuring about 46’ by 21’. The structure is proposed to be
located between the house and Forest Street.The front setback will be even with the front
of the existing house. A street side setback variance is proposed.Please see the attached
Planning Commission staff report for additional information.
Financial Impact:
N\A
Advisory Commission Discussion:
The Planning Commission voted 5-0 to recommend approval of the structure move and
variance at the April 28, 2025 meeting with the added condition that exterior work
consistent with HPC approval be completed by September 30, 2026. No one from the
public spoke for or against the item during the hearing.
Council Committee Discussion:
N\A
Attachments:
•Resolution: Structure move
•Resolution:Variance
•Planning Commission Staff Report -April 28, 2025
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HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING MOVING A STRUCTURE FOR FRED WEILAND AT 413 2ND
STREET WEST
Council member _______________________ introduced the following Resolution and
moved its adoption:
WHEREAS, Fred Weiland, Property Owner, seeks to move a 920 s.f. structure
to serve as a garage on property generally located at 413 2nd Street West and legally
described as Lots 3 & 4 Block 9, TOWN OF HASTINGS BLOCKS 1 THRU 99, Dakota
County, Minnesota; and
WHEREAS, on April 15, 2025, the proposal was reviewed and issued a
Certificate of Approval by the Heritage Preservation Commission of the City of Hastings,
as required by state law, city charter and city ordinance Chapter 30.10 (E)&(F); and
WHEREAS, Hastings City Code Chapter 30.03(C)Requires structures proposed
for move that may be at variance with existing structures be reviewed by the Hastings
Planning Commission appointed as the Board of Design Control; and
WHEREAS, on April 28, 2025, the proposal was reviewed by the Planning
Commission of the City of Hastings, as required by state law, city charter and city
ordinance; and
WHEREAS the Planning Commission recommended approval of the request to
the City Council subject to the conditions contained herein; and
WHEREAS the City Council has reviewed the request and concurs with the
recommendation of the Planning Commission; and
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NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the structure move as presented to the City Council
with the following conditions:
1.Conformance with the City Council Staff report and attachments dated May 5,
2025.
2.Approval is subject to a one-year Sunset Clause; if progress on the proposal is not
made within one year of City Council approval, the approval is null and void.
3.The proposed garage must meet all applicable building codes and building permit
approvals.
4.All work must meet the April 15, 2025 Certificate of Approval issued by the
Hastings Heritage Preservation Commission.
5.The foundation must be permitted and constructed prior to moving the structure
on site.
6.The building’s condition and appearance must be made in good repair without
any missing, broken, or rotten components.
7.The exterior improvements consistent with the April 15, 2025 HPC Certificate of
Approval must be completed by September 30, 2026.
Council member __________________ moved a second to this resolution and upon
being put to a vote adopted by _____ present.
Adopted by the Hastings City Council on May 5, 2025 by the following vote:
Ayes:
Nays:
Absent:
ATTEST:__________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh
City Clerk
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HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
GRANTING A VARIANCE TO THE STREET SIDE SETBACK OF AN
ACCESSORY BUILDING FOR FRED WEILAND AT 413 2ND STREET W
Council member _______________________ introduced the following Resolution and
moved its adoption:
WHEREAS, Fred Weiland, requests a five-foot street side variance on property
generally located at 413 2nd Street West and legally described as Lots 3 & 4 Block 9,
TOWN OF HASTINGS BLOCKS 1 THRU 99, Dakota County, Minnesota; and
WHEREAS, The Subject Property is Zoned R-2, Medium Density Residence
per Hastings City Code Chapter 155.01 (A) -Zoning Map; and
WHEREAS, Hastings City Code Chapter 155.05, Subd. (D)(11) –Accessory
structures: R-2, corner side setback requires a setback of 10-feet; and
WHEREAS, The Property Owner seeks a 5-foot variance to Hastings City Code
Chapter 155.05(D)(11) to allow placement of a 920 s.f. accessory structure on the Subject
Property; and
WHEREAS, on April 28, 2025, the request was reviewed by the Planning
Commission of the City of Hastings, as required by state law, city charter and city
ordinance; and
WHEREAS the Planning Commission recommended approval of the request to
the City Council subject to the findings of fact contained herein; and
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WHEREAS the City Council acting as the Board of Zoning Adjustment and
Appeals has reviewed the request and concurs with the recommendation of the Planning
Commission; and
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the variance as presented to the City Council based
on the following findings of fact:
1)The physical surroundings and conditions of land present a practical difficulty.
The flattest area of the property is nearest Forest Street. If a structure were placed
closer to the home, there would be excessive cut and filling required.The required
amount of slope cutting may cause significant damage to mature tree roots of the
trees the applicant intends to save from removal. Forest Street is only a short stub
street in this location because the elevation drops significantly south of this
location and would likely never be extended further. As a result, Forest Street in
this location is only 20-feet wide, creating an extremely wide boulevard of 23-feet
between the street and property line. This creates an excessive structure setback
from the street compared to typical properties. all of which pose practical
difficulties to the homeowner.
2)Site conditions are highly unique to the subject tract of land. There are no other
properties identified that have similar conditions.
3)The owner doesn’t seek to obtain the variance exclusively to increase the value or
income potential of the lot, as the variance is only necessary to place a typical
accessory structure without encountering practical difficulties.
4)Granting of the variance will not be detrimental to the public welfare or injurious
to other land improvements in the vicinity. It will not be closer to the streets than
other structures on typical lots.
5)The property will not impair light, air, congestion, fire danger, public safety, or
property values within the vicinity for the reasons listed above.
6)The variance is in harmony with the purposes and intent of ordinance. Granting
the variance would allow for the placement of an accessory structure that will
appear the same distance from the street as typical properties due to the uniquely
wide boulevard.
7)The property is guided for low density residential development. The proposed
use is consistent with the Comprehensive Plan.
8)The proposal puts the property to use in a reasonable manner, as it is an allowable
accessory structure.
9)The practical difficulty is caused by the provisions of this chapter, site, and area
conditions.They were not created by people presently or formerly having an
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interest in the parcel of land; The practical difficulties were created by the
topography, unique side street,configuration and dead end.
10)The variance does not alter the essential character of the locality. The parcel will
continue to operate consistent with the way the property has existed for over a
century and similarly to the surrounding area.
11)The variance is not sought for economic considerations.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
Approval of the variance is subject to the following conditions:
1.Conformance with the City Council Staff Memo and attachments dated May 5,
2025.
Council member __________________ moved a second to this resolution and upon
being put to a vote adopted by _____ present.
Adopted by the Hastings City Council on May 5, 2025 by the following vote:
Ayes:
Nays:
Absent:
ATTEST:__________________________
Mary Fasbender, Mayor
________________________________
Kelly Murtaugh
City Clerk
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STATE OF MINNESOTA ) City of Hastings
)ss.
COUNTY OF DAKOTA )
I, the undersigned, being the duly qualified and acting City Clerk of the City of
Hastings, Minnesota, DO HEREBY CERTIFY, that I have carefully compared the attached
copy of Resolution with the original on file in my office and the same is
a full, true and complete copy thereof.
WITNESS, my hand as such City Clerk and the corporate seal of the City of
Hastings this ____day of________________, 20___.
______________________________
Kelly Murtaugh, City Clerk
SEAL STICKER
X-C-03
To: Planning Commissioners
From:Justin Fortney, City Planner
Date:April 28, 2025
Item:Structure Move and Variance #2025-08 –413 2nd Street W –Fred Weiland
Planning Commission Action Requested
1.The Planning Commission, serving as the Board of Design Control is asked to
review the following request to move a structure to 413 2nd Street W.
a.Move an existing rambler from outside the city to the subject property to
be used as a garage.Chapter 30.03 Board of Design Control, Subd. (C)
Referral By Planning Director.
2.The Planning Commission,providing a recommendation to the City Council,
serving as the Board of Zoning Adjustment and Appeals, is asked to review the
following request for a variance.
a.A five-foot variance to the ten-foot street side setback of an accessory
structure. Chapter 155.05, Subd. (D)(11) –Accessory structures: R-2,
Corner side setback –10’.
Background Information
The subject property is listed as a Local Heritage Preservation Site in the City of Hasting.
This requires all exterior changes to be approved by the HPC. Last June the applicant
applied to the HPC to move an adjacent house onto the property to be used as a garage.
This was approved, but the owner decided to continue to rent home out as a residence.
He recently reapplied to move the subject structure to the property as a garage with
some modifications. The HPC approved the request with either a 5-foot or 10-foot street
side setback.
Structure move
The applicant is proposing to move a vacant rambler from 12003 Akron Avenue in
Rosemount to the subject property for use as a garage. The rambler was built in 1949
and is 920 square feet in size measuring about 46’ by 21’. The structure is proposed to
be located between the house and Forest Street, setback even with the front of the
existing house from 2nd Street. A street side setback variance is discussed further in this
report.
Planning Commission Memorandum
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A proposed structure to be built, altered, or moved to a site that could potentially be
dissimilar to area structures must be reviewed by the Planning Commission, acting as
the Board of Design. Area homes are predominantly from the mid to late 19th century,
except for the home to the west, which was built in 1959 and a home across the street
built in 2004. The homes are all in good condition. The home to the west is of similar era
and architectural style to the proposed structure.
The proposed structure
The structure was a three-bedroom and one-bathroom home that is now vacant and
partially stripped. There are signs of deferred maintenance including siding in poor
condition, wood rot around some windows, broken window panes, damaged fascia, and
an aged roof.
A City building inspector did a brief inspection of the subject structure and found it was
structurally sound but needed maintenance and repairs. He suspects there could be
issues with the sill plate being rotten in places due to the high dirt level around the home.
Knowing the structure was intended to be used as a garage, the inspector reviewed the
attic and found evidence that the center wall was likely bearing load from the roof. He
said this could possibly be changed to a beam and posts by an architect or engineer. This
would leave 10-foot-wide parking stalls. The inspector said the structure would have to
be anchored to a foundation or frost protected slab, if moved. He added that a move
would require a building permit and complete plan submittal for all planned and
required work.
Proposed changes
The applicant proposes to repair and paint all the siding and convert the 2nd Street facing
cross gable end into an open porch. He also proposed increasing the wall height from 8-
feet to 10-feet with formed concrete on the footings. The applicant proposes installing
garage door(s)on the south side of the garage, which would not be visible from the
streets.
Timeframe
The applicant states his timeframe for the project is two construction seasons because
he may not get the structure set on site until the middle or end of summer. This year, he
proposes to move it, excavate, and install the concrete work. The second season he
would complete the project by addressing structural and cosmetic changes.
Variance Definition
Variances are deviations from strict compliance of City Code provisions. The Board of
Adjustment and Appeals may issue a variance upon determination of findings of fact
and conclusions supporting the variance as established in Chapter 30.02, Subd. F of the
City Code.
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Board of Zoning Adjustment and Appeals
Hastings City Code Chapter 30.02 establishes the Board of Zoning Adjustment and
Appeals and appoints the City Council and Planning Commission to facilitate the Board’s
roles and duties. Applications for Variances require Board of Zoning Adjustment and
Appeals review.
Variance Review
City Code Chapter 30.02(F) establishes the requirement for granting variances. The
Planning Commission (acting in part as the Board of Adjustment and Appeals) may
consider variances to the Zoning Code that are not contrary to the public interest where
owing to special conditions, and where a literal enforcement of the provision of the City
Code would result in practical difficulties.
NOTIFICATION
Property owners within 350-feet of the subject property were notified of the requests.
Staff has not received any comments.
ATTACHMENTS
•Aerial map
•Supplemental application materials
•Structure photos
•Site photos
•Plans
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Arrows pointing to stakes of garage location without variance.
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Applicant: Trailer representing
structure corners and height to
show spacial relations and
proximity to slope and trees.
413 2nd St. W.
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The following page shows an elevation diagram from the applicant of the
grade differential between the required setback and the requested 5-foot
variance.
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