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Home My WebLink About20071105 - VIII-B-1VIII-B-1 Memo To; Mayor Hicks and City Council Members From; Kari Barker, Associate Planner Date: November 5, 2007 Subject: Jim and Candy Weller -Variance #2007-47 -Expand a legally nonconforming garage at 1439 Erickson Drive REQUEST Jim and Candy Weller seek a variance to build an 18 x 24 addition to an existing attached garage. _ A variance is required because the garage addition would expand a legally nonconforming accessory structure. In the R-1 district, an accessory structure such as a garage shall be no closer than ten feet to the rear or adjacent interior side lot line. The existing garage at 1439 Erickson Drive does not meet the interior side lot setbacks as it is approximately 7.43 fee# from the property line. RECOMMENDED ACTION The Planning Commission met on the aforementioned item on October 22, 2007. No members of the public spoke for or against the item. Commissioners voted 7-0 to recommend approval of the variance to expand a legally nonconforming garage. ATTACHMENTS • Resolution • Application • Location Map • Building Plans BACKGROUND INFORMATION Comprehensive Plan Classification The land use conforms to the 2020 Comprehensive Plan. The property is designated U-1 Urban Residential. Zoning Classification The subject property is zoned R-1 -Low Density Residence. Variance - 9439 Erickson Drive City Council Memo -November 5, 2007 Paae 2 Adjacent Zoning and Land Use The following land uses abut the property: Direction Existin Use Zonin Comp Plan North Residential R-1 Low Density Residence U-I Urban Residential East U-I Urban Residential R-1 Low Density Residence Residential South Residentia! R-1 Low Density Residence U-I Urban West Residential R-1 Low Density Residence Residential U-! Urban Residential History - The home and garage were constructed in 1989. The applicants purchased the home in 1989. The applicants are requesting the garage expansion at this time as they are preparing to reside their home and garage due to the recent hail storm. The ordinance that was in place at the time this home was built stated, "ln the R-1 District, an attached garage with adjoining living space, or a detached garage shall be no closer than seven (7) feet to the adjacent interior side lot line." Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. VARIANCE REVIEW & ANALYSIS 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. B. 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. Variance - 1439 Erickson Drive City Council Memo -November 5, 2007 Paae 3 D. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 70 to other lands, structures, or buildings in the same district. Nonon-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. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A VARIANCE TO EXPAND A NONCONFORMING USE TO JIM AND CANDY WELLER AT 1439 ERICKSON DRIVE, HASTINGS, MINNESOTA Council member following Resolution and moved its adoption: introduced the WHEREAS, Jim and Candy Weller have petitioned for a variance to expand a nonconforming use located at 1439 Erickson Drive, legally described as follows: Lot 1, Block 2, Dakota View 3~~ Addition; and WHEREAS, on October 22, 2007, review was conducted before 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 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council of the City of Hastings concurs with the recommendation of the Planning Commission and hereby approves the variance as requested based on the following findings of fact: 1) The existing garage was constructed in 1989 and met the setbacks at that time. 2) Not allowing the garage expansion would not pose an unnecessary hardship on the property owner as the garage is already athree-car garage. However, the expansion would not increase the non-conforming setbacks as the garage is being expanded to the south, away from the property line. 3) The special conditions and circumstances do not result from actions of the applicant as the home and garage met existing setbacks at the time they were built. 4) That granting the variance requested will not confer on the applicant any special privilege as variances for setbacks have previously been approved. Council member upon being put to a vote adopted by Ayes: _ Nays: Absent: ATTEST: Paul Hicks Mayor Melanie Mesko Lee City Clerk moved a second to this resolution and present. (City Seal) 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 5t" day of November, 2007 as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk This instrument drafted by: (SEAL) City of Hastings (KSB) 101 4th St. East Hastings, MN 55033 ~vui-uc~-11 uc:u YM 3P'! LOLL89@ tiPOY@ L211L2t' 691-4~ti-LU4i 2/2 Oct.17. 2001 2;43PM J Thompson and Associates No.b710 P, 2/2 • LAND fJ3E AkPL-ICATTON - CITY OF HAS'I'~NGS pI.ANNING D~P~' ~(Y14m Sb ~. ~. MN 55033 -- Piiaiie: 6SlA$0.7350 -• ~aac 653.937.?p62 Address of Pxoperip: Uesccipt~oa of J *~~ ~ ~.es ~~.ir~i~ Applicaxrt Name: •.~ •`,~~QS~e!_~'~~~~roperty pwner. '~ ~ ,~ 1r.~ ~ ~ ~ ~~~ - ~° ~ ~i.~i.-=~2hJ~~ A dam: ~A~9 ~ d~ ~ -+ nM ,~ Tim ,,S ~ ~ , ~~ S ~'~-R ~, w~.~ 'S~ c~'Z-r, I'baaue: ,it~Si~ ~a ~ ~'"! a3... ~ PTw~: ~~'t ~~..~'~ Pauc „Ltc t~ 4 t~a_ ~n ~ ~ Pax: ant: J .J ~ ~ ~. 13mai1: ~~ DPI of Regnes~ T# 1+eQue~tir~g eife plaxi zeview of smslti-faa~lp ~ {three ar more attached, are the t»~ intended fo Jye fox sale ar'rentel ututs7 c b1e mss) P1~eaee Nobel All and ]~Cro!wg axle dzxe at ~e bf app~irai~n P9na1 $6~ Nlino~r Subdivision X00 ~ •v ~~ .-._. Special Use Pe~,it' $500 .,.,_, Vacation _~ ~p Piar- An~nd. _ Houee~fo^~e ~ _: Atnra~ron 13t~e ~- DSO $500 plus expeneeg ._._ JPre~zn P9rat + escrow ` EAW _ $SOD plus ~.,ppl1 escrow ._ gibe Ilan 5500 + eacrow~- Please see z+avexae Bade far a anwunts required, Total Amottxtt Due: $ 2. ~ ~ ~' . Ma1ce t~,iecks pagable to city of ~, Please-•latat••ali•-eapies ~zegc~d cloo~emt~r-.ere..,,, Sea ~eaerse aide of this aAttttt for ir~farmataon. 'QM t'f'~S3sc~"t'K.~ ~l.~C~ Sa;gnature Date Dare • ~ o~.•t r uc~ Name and T5.8e - Please P Owxaer Name .- tease J~ T,dO.,h.... _-_- - - ~>a~a: ~~ >o-aoc>z~a: i ~ ~~ ~P~ ~~ O~ pip ~a ~ ~' ~ 211 Xdtl~il ~ o O J t~ ~, U O J N ~_ ~ ~a rvas~ai~~ tE~ o W ~ ~ mm W ~ m W ID H .~ l~ 3~~IV1?!d m W l W ~~~~ ~!~ ~ b~~M ~~ ~} o~~~od~ 0 ~ O('T U 5 2001 ° z BY- z 0. ~ FENCE IS N. OF PROP. ' w ~~ LINE BY 0.2 1 ~. z z ---- ~ S 89"34'28" E 137.22' __ ~~ ° o ; FENCE IS N. OF PROP. I ' ' Z ~ LINE BY 0.3 1 --WOOD FENCE 1 ~ o , I -} 1-'n_ _ _ _ rt DRAINAGE AND UTILITY EASEMENT ~ - - `n • '~ J Z ~ `` in 10 I - _ r~ -1 1 i ¢ 5 ~, o z~ 1 , 2 ._ ~. - ~ '~ EQNCRETE' DRIVE ~ - ~ ' ' v ~ ~ ..m• ~ a. ~... , . ~ _ _' I N ~ LJ ,r~' .. M a J Z liJ ~_ J I } ~ - wl ~-- O ~ ~' ~ ~ 0.00 ~ i~ ~_- 4J' N ~ I ~ 7 j UI ~ p ¢ M p / , p Z p I Q Z I / //~ i s O ~ / ~ I~ p a to z / ' U ~ ~ X /// I~ 5.80-- } , I~ 10 L ~L 'n o'' _ - __ _ _ _ - . _ . - _ . - _ _ _ _ _ ~ 5 DRAINAGE AND UTILITY EASEMENT N I, I LLJ N 89'35' 15" W 137.02' 30' I / FND. IRON MONUMEtJT IN CONC, 0.7' ~~ ' I \~- SW LY OF CORNER. ---~ ~ ` O O ~/ 000 O ~ PROPERTY DESCRIPTION Lot 1, Block 2. Dakota View Third Addition, according to the recorded plat thereof, on file in the office of the County Recorder, Dakota County. Minnesota. THE BEARINGS SHOWN HEREON ARE BASED ON 7HE PLAT OF DAKOTA VIEW THIRD ADDIitON. ~ Denotes found iron pipe. ~ Denotes placed 1'x18' iron pipe hoeing o plastic cap bearing land Surveyor License No. 42597 CERTIFICATE OF SURVEY FOR: J THOMPSON AND ASSOCIATES C/O JEFF THOMPSON JOHNSON & SCOFIELD INC. ~~ SURVEYING AND ENGINEERING 507 VERMiLUON STREET, HASTINGS, MN 55033 PHONE (&51)438-0000, FAX (651) 438-9005 0' 20' 40' 60' S:/DAKOTA VIEW THIRD ADD./THOMPSON/JEFF I hereby cert'dy that this survey, plan or report was prepared by me or under my direct supervision and lhof 1 am a duly Licensed Land Surveyo r under the laws of the State of Minnesota. ~_ /^J ~j/,~a.~ Brandon W. Klnq Minnesota License Na. 42597 C. N A pG_ pI q pate: to-t-2007 'FILES: W.O.# DRAWING NUMBER 1EET 1 OF 1 SHEETS 07-503 5-4077