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HomeMy WebLinkAbout20070904 - VIII-B-3 VIII-B-3 Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner Date: September 4, 2007 Subject: Rick and Sandy Squires - Variance #2007-39 - Expand a legally nonconforming accessory structure at 1207 Ramsey Street REQUEST Rick and Sandy Squires seek a variance to add eight feet to an existing detached garage. A variance is required because the garage addition would expand a legally nonconforming accessory structure. In the R-2 district, an accessory structure such as a garage shall be no closer than five feet to the rear or adjacent interior side lot line. The existing garage at 1207 Ramsey Street does not meet either the rear or adjacent interior side lot setbacks. A secondary issue is that the garage extends approximately 3.15 feet onto the property at 1205 Ramsey Street. RECOMMENDATION At the August 27,2007, Planning Commission meeting, Commissioners voted 6-0 to recommend approval of the variance request. No members of the public spoke to the issue during the public hearing. ATTACHMENTS . Resolution · Application · Location Map . Parcel Map · Building Plans · Letter from neighboring property 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-2 - Medium Density Residence. Adjacent Zoning and land Use The following land uses abut the property: Direction Existing Use Zonina Comp Plan North Residential R-2 Medium Density U-I Urban Residence Residential East Residential R-2 Medium Density U-I Urban Residence Residential South Residential R-2 Medium Density U-I Urban Residence Residential West R-2 Medium Density U-I Urban Residential Residence Residential History The home was constructed in 1880. The applicants purchased the home in 1987. The garage is believed to have been built in 1948. There is an existing concrete slab on which the garage will be expanded. 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. Building Department Review The current code states that accessory buildings need to be a minimum of 10 feet apart. The garages at 1205 and 1207 Ramsey are approximately 5 feet apart. However, the code does not require accessory buildings to be brought up to existing codes. Thus, the separation between garages is acceptable. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. Variance - 1207 Ramsey Street Planning Commission Memo - September 4, 2007 Page 3 Staff also contacted the homeowners at 1205 Ramsey Street as the garage at 1207 Ramsey Street encroaches onto their property. Though the homeowners were unaware of the encroachment until staff informed them, the homeowners are acceptable with the garage expansion. A letter from the homeowners at 1205 Ramsey Street is attached. 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. 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, and no permitted or nonconforming use of lands, or buildings in other districts shall be considered grounds for the issuance of a variance. Recommended Action Approval of the variance is recommended based on the following findings of fact and hardships: 1) The existing garage was most likely constructed in the 1950's or 1960's, before the establishment of zoning regulations such as setbacks. 2) Not allowing the garage expansion would not pose an unnecessary hardship on the property owner as the garage is already a two-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 garage was built before the applicants purchased the home. 4) That granting the variance requested will not confer on the applicant any special privilege as variances for setbacks have previously been approved. 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 RICK AND SANDY SQUIRES AT 1207 RAMSEY STREET, HASTINGS, MINNESOTA Council member following Resolution and introduced the moved its adoption: WHEREAS, Rick and Sandy Squires have petitioned for a variance to expand a nonconforming use located at 1207 Ramsey Street, legally described as follows: Lot 24, Block 2, Tripps Addition; and WHEREAS, on August 27, 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 most likely constructed in the 1950's or 1960's, before the establishment of zoning regulations such as setbacks. 2) Not allowing the garage expansion would not pose an unnecessary hardship on the property owner as the garage is already a two-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 garage was built before the applicants purchased the home. 4) That granting the variance requested will not confer on the applicant any special privilege as variances for setbacks have previously been approved. moved a second to this resolution and present. Council member upon being put to a vote adopted by Ayes:_ Nays: Absent: ATTEST: Paul Hicks Mayor Melanie Mesko Lee City Clerk (City Seal) 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 4th day of September, 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: City of Hastings (KSB) 101 4th St. East Hastings, MN 55033 (SEAL) #cJ007-s~ ....~ .:ff:i'~ . _."!.'. "\ Address of Property: Legal Description of Property: ~A.f'A~1 ... (,{tll.l) Applicant Name:Kf\N ~~aU \tt' ~~\.--... Address: ~ ()O, 1\..~bJ\"J. i..;; Phone: 1.:7 -s-t - ~"\ ~'- r.n L ~ Fax: Emai1: Description of Request: ~- ~~ ~rJJ l ~.~ V4/!.lQ fV(t 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) Rezone Final Plat '# Variance Vacation House Move Prelim Plat Site Plan $500 $600 $250 $400 $500 $500 + escrow $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: $ z...yO Make Checks payable to City of Hastings. < Please ensure that all copies of required documents application for information. if A a~ f-n-6~ A~ Signature Date ~ ;f.I t..l v /J 1/ i- to J..... clUj I Af""t-' ApplicanfName and Title - Please Print OFFICIAL USj: QNLY ~, I ' File# {;X)J I-~VI Rec'd By: .::::n-n.'\ ~fI1.,.....-- Fee Paid: P4 (.0 Receipt # Ql cuESl..... "C U.!:: Ql c 2 a~ co...""'..... Co en en en ><Cl>->- WJ::"CQl ;n~ lij E Ql...enra u.E"CO::: J::J::J::..... raorao ";: U.lI:: N .g c.~..... 00::: Z "+ t- o o N t- N ~ 'E ~ ~ ~ -g u ~ (l) Ol (l) ---l ~ ~ ~ ~ u ~ N ~ , ~ ~ ~ ~ u u U u 0 ~ ~ 0 ~ ~ ~ ~ o C{ a.. => S: I- 'f 'f '\' :;; 0 ;; lr 0::: a:: a:: 0:: > +-' C/) ::::l Ol ::::l <( (l) co o 0.. ro ~ I , fOO""O"OOO o ___________I- ~ . . I >~:' /~~ ' /~~~- )~ / / BAilEY - + c 0 :;:::::; - Q) co ~ ...... () .- 0 (f).....J ..- TYLER ST ~, J "\ 0 N 1...-1 RAMSEY ST I I w ~" I l I- ..- ..- SIBLEY ST rr I ~ t I I I u I- Ci W ] I- <.! ... '<t - -~ - I> PROPERTY ID NUMBER: 19-77300-241-02 FEE OWNER: RICKY A & SANDRA J SQUIRES 1207 RAMSEY ST HASTINGS MN 55033-2813 PROPERTY ADDRESS: 1207 RAMSEY ST HASTINGS MN 55033 PAYABLE 2007 TAXES NET TAX: SPECIAL ASSESSMENTS: TOTAL TAX & SA: 1,874.68 0.00 1,874.68 PAYABLE 2008 ASMNT USAGE:RESIDENTIAL NOTE: Dimensions rounded to nearest foot. Copyright 2007, Dakota County- SITE MAP 2007 ESTIMATED MARKET VALUES (PAYABLE 2008) LAND: BUILDING: TOTAL: SCHOOL DISTRICT: LOCATION: 43,100 113,600 156,700 200 LOT SIZE (EXCLUDES ROAD EASEMENTS) 8,712 SQ FT 0.20 ACRES PAYABLE 2008 HOMESTEAD STATUS: NON HOMESTEAD SW1/4 SW1/4 SECTION 27-115-17 WATERSHED DISTRICT: VERMILLION RIVER LAST QUALIFIED SALE: DATE: 4/1987 AMOUNT: 58,500 ~ I L_I --I !__J . _I \ This drawing is neither a legally recorded map nor a survey and is not intended to be used as one. This drawing is a compilation of records, information and data located in various city, county, and state offices and other sources, affecting the area shawn, and is to be used for reference purposes only. Dakota County is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact Dakota County Survey and Land Information Department. Map Date: August 16, 2007 Parcels Updated: 6/28/2007 Aerial Photography: 2004 Proposed Expansion Area r~ I \ \ l I L ~ 2007 BUILDING INFORMATION (PAYABLE 2008): TYPE S.FAM.RES YEAR BUILT 1880 ARCH/STYLE 1-1/2 STRY FOUNDATION SQ FT 833 FINISHED SQ FT 1130 BEDROOMS 3 BATHS 1 FRAME WOOD GARAGE SQ FT 484 OTHER GARAGE MISC BLDG L o D [ L I-=J L_ i-- I I i-I LJ rm~ i I ~m: [ N i PLAT NAME: TRIPPS ADDITION TAX DESCRIPTION: 24 2 " I ~ ~' i ' ~ M h.j ~} ~ N j .'r,} ~ ~ '~I" N:.-, '\)N' i..J i I ~;. 1i- , . I . ,.o(f\~ ~'-Th .1\) :! 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CITY OF HASTINGS CITY HALL 101 4th Street East Hastings, MN 55033-1955 6.l)1-480-2~50 Fax: 651-437-7082 www.ci.hastinI!s.mn.us cityhall@ci.hastings.mn.us Department of Building Safety 651-480-2342 Engineeringl PIanninglHRA/HPC 651-480-2334 Public Works 1225 Progress Drive 651-480-6185 Parks & Recreation 920 10th Street West 651-480-6175 Police 150 3rd Street East 651-480-2300 Fire 115 5th Street West 651-480-6150 Civic Arena 2801 Red Wing Boulevard 651-480-6159 Aquatic Center 901 Maple Street 651-480-2392 August 20, 2007 We, Edward and Dorothy Lang, are aware that the garage at 1207 Ramsey Street encroaches approximately 3.15 feet onto our property and are acceptable with the garage being expanded to the south. Edward and Dorothy Lang rY ~~ bJ?z-v t/r ~4U