HomeMy WebLinkAbout20070904 - VIII-B-4
VIII...B...4
Memo
To:
Mayor Hicks and City Council Members
From:
Kari Barker, Associate Planner
Date:
September 4, 2007
Subject:
Variance- Michelle Thompson - #2007-19 - Variance from a seven foot
setback
REQUEST
Michelle Thompson, property owner of 708 2nd Street W, is requesting a side yard variance
from a seven foot setback. The applicant is requesting a five foot setback to allow for an
addition to the west side of an existing garage.
RECOMMENDATION
At the May 14,2007, Planning Commission meeting, Commissioners voted 6-0 to
recommend denial of the variance request based on staff recommendation. No
members of the public spoke to the issue during the public hearing.
Per the request of the applicant, the variance request was not forwarded to the City
Council. The applicant has recently requested that the variance application be heard by
the City Council at this time.
ATTACHMENTS
. Resolution
. Application
. Site Location Map
. Aerial view
. Survey of property
. Floor Plan
BACKGROUND INFORMATION
Zoning Classification
The subject property is zoned R-2, Medium Density Residence.
Comprehensive Plan Classification
The use conforms to the 2020 Comprehensive Plan. The property is designated U-I -
Urban Residential.
Existing Condition
The existing garage was most likely built in the mid-1930's. The garage is currently 20 feet
wide. However, a closet from the original construction protrudes 2 feet into the garage.
Thus, the usable width is 18 feet. The applicant states that the garage "will not
accommodate two vehicles of the size currently manufactured." Further, the applicant
states the coat closet is the only closet on the main level of the home and cannot be moved
elsewhere.
Adjacent Zoning and land Use
The following land uses abut the property:
Direction
North
East
South
West
ExistinQ Use
Mississippi River
Residential
Residential
Residential
Zonim:J
Water
R-2 - Med Dens Res.
R-2 - Med Dens Res.
R-2 - Med Dens Res.
Comp Plan
Water
U-I- Urb Res.
U-I- Urb Res.
U-I- Urb Res.
Minimum Setback Requirements
Minimum setback requirements for primary structures in the R-2 District are:
Area Setback
Front 20'
Side 7'
Rear 20'
VARIANCE REVIEW
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.
Applicant Response: The existing garage, though originally built as a double car building, is
only 20'-0" wide and, consequently, will not accommodate two vehicles of the size currently
manufactured. Additionally, a closet from the original constructions protrudes two feet into
the existing garage, reducing the usable width to less than eighteen feet. The addition of
the requested two feet will provide adequate width for the two vehicles.
Staff Response: The applicant can extend the garage three feet without a variance. Staff
does not feel that there are any special conditions or circumstances that would allow for the
additional two feet and resulting setback variance.
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.
Applicant Response: Literal interpretation of the City Code will deprive the applicant of
rights enjoyed by other property owners in the same district, which problem can be
resolved by approval of the requested variance, resulting in a wider, adequate garage.
Staff Response: There are numerous homes in the City of Hastings that have two car
garages. Further, several homes in the older parts of Hastings have either a single car
garage or no garage. As this home has a two car garage, staff feels that the applicants are
not being deprived of rights commonly enjoyed by other properties in the same district.
C. That the special conditions and circumstances do not result from actions of the
applicant.
Applicant Response: The conditions and circumstances indicated above do not result from
any action of the Applicant, as the structure is the same as originally built many years ago.
Staff Response: Staff concurs with this criterion as the garage is believed to have been built
in the mid-1930's. The current homeowner has occupied the property since 1977.
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.
Applicant Response: The granting of this variance will indeed not confer any special
privilege, but provide for the same use of the applicant's property as the adjacent
landowners now enjoy.
Staff Response: Staff feels that granting the variance would confer special privileges as
adjacent landowners also have two car garages. Without differentiating the condition, a
variance would effectively change the set back provision for all future garages. Further, the
applicant can extend the garage three feet without a variance request.
STAFF REVIEW
Staff is recommending denial of the variance as we do not feel the applicant is being denied
any of the privileges of neighboring property owners, particularly as they can expand the
garage three feet without a variance.
HASTINGS CITY COUNCIL
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
DENYING A SIDE YARD VARIANCE TO MICHELLE THOMPSON AT
708 2nd STREET WEST, DAKOTA COUNTY, MINNESOTA
Council member
Resolution and moved its adoption:
introduced the following
WHEREAS, Michelle Thompson has petitioned for a variance from Ordinance
10, Section 10.26 requiring a seven foot setback. The applicant is requesting a five foot
setback to allow for an addition to an existing garage.
On property legally described as follows: Addition Number 13, Lots 16 Thru 20, Block 1
and E 43 Feet of Lot 21, Block 1 Ex Pt To City, Dakota County, Minnesota.
WHEREAS, on May 14, 2007, a public hearing on the proposed variance was
conducted before the Planning Commission of the City of Hastings, said hearing was
preceded by notification as required by state law, city charter and city; and
WHEREAS, the Planning Commission of the City of Hastings recommends
denial of the variance as requested for the reasons included in this resolution.
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 denies the variance as requested based on the following
findings of fact:
1) Granting the variance would confer special privileges as adjacent landowners also
have two car garages. Without differentiating the condition, a variance would
effectively change the set back provision for all future garages.
2) As this home has a two car garage, the applicants are not being deprived of rights
commonly enjoyed by other properties in the same district.
3) The applicant can extend the garage three feet without a variance. There are no
special conditions or circumstances that would allow for the additional two feet
and resulting setback variance.
Council member moved a second to this resolution, and upon
being put to a vote it was unanimously adopted by all Council members present.
Adopted by the Hastings City Council on September 4, 2007, by the following vote:
Ayes:
Nays:
Absent:
ATTEST:
Paul J. 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 ofrecord
in the office.
Melanie Mesko Lee, City Clerk
(SEAL)
This instrument drafted by:
City of Hastings (KSB)
101 4th St. East
Hastings, MN 55033
LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT
101 4lh St E, Hastings, MN 55033 - Phone: 651.480.2350 - Fax: 651.437.7082
Address of Property: 708 2nd Street w.
Legal Description of Property: Addi hon No. 13 to the City of Hashnqs- Lots 16
thru 20, Block 1 & East 43 feet of lot 21 except pt. to City.
Applicant Name:
Address:
Michelle K. Thompson
708 2nd Street w.
Hastinqs, Mn. 55033
Property Owner:
Address:
Michelle K. T~mpson
708 2nd Street w.
Hastings, Mn. 55033
651-437-8355
Phone:
Fax:
Email:
Phone:
Fax:
Email:
Description of Request:
2'-0" side yard variance to 5'-0" setback on west property
line for addition to west side of existing garage.
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 $500
Final Plat $600
----X. 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: $ 250.00
Make Checks payable to City of Hastings.
Please ensure that all copies of required
application for information.
'~~JL ~
/. <-r'.-~
Applicant Signature I Date
documents are attached. See reverse side of this
~
Owner Signature - Date
Michelle K. Thompson- Owner
Applicant Name and Title - Please Print
OFFICIAL USE ONLY
File #
Fee Paid:
Michelle K. Thompson
Owner Name - Please Print
03/28/05
Rec'd By:
Receipt # _
Date Rec'd:
App. Complete
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