HomeMy WebLinkAbout20080505 - VIII-B-1
VIII-B-l
Memo
To:
Mayor Hicks and City Council Members
From:
Kari Barker, Associate Planner
Date:
May 5, 2008
Subject:
Mary Ann and Marvin Chapman- Variance #2008-11- Variance to add
to a nonconforming structure at 1024 4th Street West
REQUEST
Mary Ann and Marvin Chapman are requesting the following variances from City Code
Chapter 155:
(1 )151.11 Nonconforming Uses, (B) (1) No use shall be expanded, changed,'
enlarged,or.altered in away 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.
155.50, Residential District Lot Regulations, It is unlawful to erect of alter any building with
the city unless the following minimum lot and yard areas are provided and maintained in
connection with the building.
District R-2
Minimum 7,000-one
Lot Area 9,700-two
other*
Width At 50-one 66-
Setback two
Front 20
~
Corner 10
Rear- 20
band d
The applicants request the variance in order to build a 10 X 20 foot addition on the back of
the home.
ACTION BY PLANNING COMMISSION
At its April 28, 2008, meeting the Planning Commission met to discuss the
aforementioned item and unanimously recommended approval to the City Council.
BACKGROUND INFORMATION
Comprehensive Plan Classification
The use conforms to the 2020 Comprehensive Plan. The property is designated U-I -
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 prop~rty: "
Direction Existin Use Zonin Com Plan
North
Sin Home R-2 - Med Dens. Res. U-1 - Urban Res.
East
Sin Home R-2 - Med Dens. Res. U-1 - Urban Res.
South
Sin Home R-2 - Med Dens. Res. U-1 - Urban Res.
West
Sin Home R-2 - Med Dens. Res. U-1 - Urban Res.
History
The home was constructed in 1961 and purchased by the applicant in 1962.
VARIANCE REVIEW
Minimum Setback Requirements
Minimum setback requirements for homes in the R-2 District are:
Area
Front
Side
Corner Side
Rear
Setback
20'
7'
10'
20'
Variance - 1024 4th Street
Planning Commission Memo - April 28, 2008
Page 3
Review Criteria
The following criteria have been used as findings of fact in granting variances to zoning
provisions:
A. 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.
S. 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.
C. That the special conditions and circumstances do not result from actions of the
applicant.
D. 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, andrio permitted or nonconforming use of lands, orbuitdings in
other districts shall be considered grounds for the issuance of a variance.
Notification of Adjoining Property Owners
Notification was sent to adjoining property owners. No comments have been received at
this time.
RECOMMENDED ACTION
Approval of the variance is recommended based on the following findings of fact and
hardships:
1) The existing home was constructed in 1961 before the establishment of the current
zoning setbacks.
2) The proposed addition does not increase the nonconformity of the home.
3) The special conditions and circumstances do not result from actions of the
applicant.
ATTACHMENTS
· Resolution
· Location Map
. Aerial Photograph
· Building Plans
· Application
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
APPROVING A VARIANCE TO EXPAND A NONCONFORMING USE AT
1024 4TH ST WEST ON LOT 15, BLOCK 20, ADDITION NO 13
Council member
moved its adoption:
introduced the following Resolution and
WHEREAS, Mary Ann and Marvin Chapman have petitioned for a variance to expand a
nonconforming structure located at 1024 4th Street, legally described as E 15TH FT OF LOT 14 BLK
20 & ALL OF Lot 15, Block 20, Dakota County, Minnesota; and
WHEREAS, on April 28, 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 COUNCn. 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) The existing home was constructed in 1961 before the establishment of the current zoning
setbacks.
2) The proposed addition does not increase the nonconformity ofthe home.
3) The special conditions and circumstances do not result from actions of the applicant.
Council member
vote adopted by _ present.
moved a second to this resolution and upon being put to a
Ayes:_
Nays: _
Absent:
ATTEST:
Paul J. Hicks
Mayor
Melanie Mesko Lee
City Clerk
I HEREBY CERTIFY that the above is a true andcon-ect copy of resolution presented to and.
adopted by the City of Hastings, County of Dakota, Minnesota, on the 5th of May 2008, as disclosed
by the records ofthe City of Hastings on file and of record in the office.
Melanie Mesko Lee
City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (KSSB)
101 4th St. East
Hastings, MN 55033
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LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT
10141b St E, Hastings, MN 55033 ~ Phone: 651.480.2350 - Fax: 651.437.7082
Address of Property: \ 0'- Y ~ ~T. W
Legal Description of Property: F ,,,,,- FeeT of Lot }Y P.IJt 7(\ .,r AI! of
IS? (')
Applicant Name: S Q jllt.~
Address:
Phone:
Fax:
Email:
Phone:
Fax:
Email:
Description of Request: lid IJn ~ d I'lt! l7L!tJlJ/?J rl11 " Vll ~ '-nt c? !r.a- ""
If requesting site plan review of multi-family units (tlu:ee or more attached), ,are the units
intended to be for sale or rental units? '.
Check Applicable Line(s)
Rezone $500
Final Plat $600
~ Variance $250
Vacation $400
House Move $500
Prelim Plat $500 + escrow
Site Plan $500 + escrow
Please Note! All Fees and Escrows are due at time of application.
Minor Subdivision $500
Special Use Permit $500
Comp Plan Amend. $500
Lot Split/Lot Line Adj. $50
Annexation $500 plus legal expenses
EA W $500 plus $1,000 escrow
Please see reverse side for escrow amounts required.
Total Amount Due: $ 2 SO
Make Checks payable to City of Hastings.
Please ensure that all copies of required documents are attached. See reverse side of this
application for information.
YJlt7::$/:J4tJt.~~~1-I"dirI~~~~I-I? -&
Applic Signature Date Own Signature Date
/ -.
. p.
03J'2tVOS
Ree'd By:
Receipt #t
Date Rec'd:
App. Complete