The URL can be used to link to this page

Home My WebLink About20080721 - VIII-B-2VIII-B-2 Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: July 21, 2008 Subject: James and Kris Pieters- Variance #2008-20- Variance to add to a nonconforming structure at 822 W 7t'' St and a variance from the sideyard setback REQUEST James and Kris Pi~ters are requesting the following variances from City Code Chapter 155: (1)151.11 iVonconforming Uses, (B) (1) No use shall be expanded, changed, enlarged, or altered in a way which increases its nonconformity. The nonconformity results from the home having a 5 foot sideyard setback. The current City Code requires homes in the R-2 district to have a seven foot sideyard setback. (2)155.50, Residential District Lot Regulations, It is unlawful to erect or alter any building within the city unless the fiollowing minimum lot and yard areas are provided and maintained in connection with the building. District R-2 Minimum 7,000-one tot Area 9,700-two other" Width At 50-one 66- Setback two Fronf 20 Ir~tericr ~idc- 7 Corner 10 Rear- 20 band d The applicants request the variance in order to build a 22' X 22' foot addition on the back of the home. The addition would be aligned with the existing garage, which has a five-foot sideyard setback. An existing three-season porch would be removed. RECOMMENDATION At the July 14, 2008, Planning Commission Meeting, the Planning Commission voted 5-0 to recommend approval of the request subject to the following conditions of the attached resolution. ATTACHMENTS • Resolution • Location Map • Aerial Photograph • Building Plans • Application BACKGROUND INFORMATION Comprehensive Plan Classification The use conforms to the 2020 Comprehensive Plan. The property is designated U-! - Urban Residential. Zoning Classification The subject property is zoned R-2 -Medium Density Residential. Single family homes are a permitted use in the R-2 District. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existin Use Zonin Com Plan North Sin le-Family Home R-2 -Med Dens. Res. U-1 - Urban Res. East Single-Family Home R-2 -Med Dens. Res. U-1 - Urban Res. South Single-Family Home R-2 -Med Dens. Res. U-1 - Urban Res. West Sin le-Family Home R-2 -Med Dens. Res. U-1 - Urban Res. History The home was constructed in 1963 and purchased by the applicants in 1987. VARIANCE REVIEW Minimum Setback Requirements Minimum setback requirements for homes in the R-2 District are: Area Setback Front 20' Side 7' Corner Side 10' Rear 20' Tree Preservation One birch tree will be removed as part of the addition. Per the City of Hastings Tree Preservation Plan, the tree must be replaced with one of the following: 1) One tree greater than 3 inches in diameter 2) Two tree less than 3 inches in diameter Notification of Adjoining Property Owners Notification was sent to adjoining property owners. All commen#s that have been received at this time have been in favor of the project. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE TO EXPAND A NONCONFORMING USE AND VARY FROM THE SEVEN FOOT SETBACK AT 822 W 7TH ST ON LOT 14, BLOCK 13 AND W '/~ OF LOT 15, BLOCK 39 ADDITION NO 13 and Council member moved its adoption: introduced the following Resolution WHEREAS, J. Thompson and Associates have petitioned for a variance to expand a nonconforming structure located at 822 W 7th Street legally described as LOT 14, BLOCK 13 AND W i/2 OF LOT 15, BLOCK 39 ADDITION NUMBER 13 1 WHEREAS, on July 21, 2008, the Site Plan 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. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Site Plan as presented to the City Council based on the following findings of fact: 1) That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same district. 2) The literal interpretation of the City Code would deprive the applicants of rights commonly enjoyed by other properties in the same district under the terms of Chapter 10. 3) That the special conditions and circumstances do not result from actions of the applicant. 4) That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 10 to other lands, structures, or buildings in the same district. No non-conforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. That the City Council hereby approves the Site Plan as presented to the City Council with the following condition: 1) Replace removed tree with either one tree greater than 3 inches in diameter or two tree less than 3 inches in diameter. Council member put to a vote adopted by Ayes: _ Nays: _ Absent: ATTEST: moved a second to this resolution and upon being present. Paul J. Hicks Mayor Melanie Mesko Lee City Clerk I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the 21 S` of July 2009, as disclosed by the records of the .City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings 101 4th St. East Hastings, MN 55033 (KSSB) Q ~, ~ ~ i ~~ ~~ ~J V ~ O J N {_~.+ N ~ ~ E u a (O 8 E z ¢ r ~ e yti ~ U ~ ~ n ++ - a V - _ D E ~ E$ K g ¢ 2 L^ rc I f A o S Y ~= s y g ~ a n m v a 6s a a o a- o 0 o i - a' $ 3 E ~ a m m ~ p E> j Q m o E. ~ c E o ~ ~ ~ ~ ~ m a a a ^ ~ ^ c' ~ om" •~ ~JJJcSo-`='darcrcda mm ¢crc rc3a°~°nrc N ~~®~~~Oi00000~~®®.®=~ f O m Z ~ ~~ 3 rn , O N ~ ~ CO O ~ O ti d' n O N 1~- ~ r ~ - O T 0 { ti ~ ~ ~ N ~ ~ . -~ ~r a ~ ~ ~ o -~ ~ o ~ ~ ~ O CU O O I~ O M, O ti _ M O ~- N ti -~ ~ N M N N N ti ~ ~ ti- ~ N ~ ~ ~ ' N r Q n 1S 213ARi O O' O O ~ ~ O r 0 O 00 N N ~ ~ O W N r ~ ~ M 00 O M ., ,.. m ~ ~ ~ ~1 ~ ~ aD . N N ~ O O _ M M ~ ~ M ~ ~ ~ 1S 31?Jid21d 0 -~- o o, ~' "' ~, ~ rn N O ~ _ rn ~ o ~ ~ O >~ ~ O ~ O ~ O O O O N ~"' ~ ~ ~ O O ~ O O ~ ~_ ~ ~ (U 1~ O t0 LL~ O O O ti ~ O O O n ~ O O 1~ N - ti ti ~ ~ co ti M M ti ~ @7 O ~ co ~ ~ N O O ~ CO ~ U N o ~ i ~ J ~ ~ O : ~ N ~ N N op O ~ N N ~ ~ ti M ~ ~ ~ O N O M M ~~ ~ ~ ~ ~ ~ o ~ ~^ _ ~ ~ r V) N ti ~ M r ~ o C`7 O ~ O ~ M z ~ ~ r ~ ~ O ~ ~ O ~ ~ O ~ _ ~_ p ~'~` O ~ O Aerial View ~jZZ ~µ4~ST lI ~?' ST ~S-T1.~1 GSA ~^t SS~~~ FLDOR PLAN SCALE- t/4"~Y-o" ~~~-at LAND USE APPLICATION -CITY OF HASTINGS PLANNING DEPT 1014 St E, Hastings, MN 55033 ,.. Phone: 651.480.2350 ~ Fax: 651.437.7082 Address of Property: _ ~aa ~ ~~~ ;~ Legal Description of Property: ~,,~~; ~ioiZ hp /'3 Applicant Name: ~ ,~t2~5~~~-~ C Address: ;FDr / ~i i2=e .~ ' l9~~S~ivi~ j. ~l/11 ~?~~_ Phone: ~aS/- z1~D -37L~2. Fax: l~/- ~~U -,~7~// Email: s~ j L, o~~,s a h a 5 Sa c E~J ~~~ i 1~ a r,1 Minor Subdivision $500 Special Use Permit $500 Comp Plan Amend. $500 Lot Split/Lot Line Adj. $50 Annexation $500 plus legal expenses EAV1~ $500 plus $1,000 escrow Description of Request: _ ~UO~'Lt ..4~^~ili~tOYIJ '2-Z 1 ~( Z2..~ If requesting site plan review of multi-family units (three or more attached), are the units intended to be for sale or rental units? Check Applicable Line(s) Please Note! All Fees and Escrows are due at time of application. Rezone Final Plat / Variance Vacation House Move Prelim Piat Site Plan $500 $600 $250 $400 $500 $500 + escrow $500 + escrow Please see reverse side for escrow amounts required. Total Amount Due: $ LSD. a~ Make Checks payable to City of Hastings. Please ensure that all copies of required documents are attached. See reverse side o application for information. ~ 2 ag A p 'c Signature Date ='r~~ ~ ~ ~c~~~ Name and Title -Please OFFICIAL USE ONLY File # Fee Paid: Property Owner: ~1 j rvL ~ I~ Yl I ; ~Y.S Address: ~,,`l L1J ~ ~~ . ~ ~ nos .~y!/z/ ~ ~ Phone: fo.~/-~ ~ `7 ~-3~- Fax: Email: 1~t~1 ~~PJlrs . C? h~icf i l . C!I r/l., l~~~r -~u- ~u ~s f •a s~J~ Owner Signature Date L~-~ Jan~e~iG/. ~e f~e~ ~oE3 ~~rrSc~~r~z l'y( ~ e~`l ~ Owner Name -Please Print Recd By: Receipt # Date Recd: App. Complete