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Home My WebLink About20070820 - VIII-B-1 VIII - B-1 Memo To: Mayor Hicks and City Council Members From: Justin Fortney, Associate Planner Date: AU9ust20,2007 Subject: Cuon9 (Kim) & Lori Duon9 - Variance #2007-33 expand a nonconforming use at 1908 Vermillion Street REQUEST Kim and Lori Duong seek the following variance in order to demolish a 216 SqFt detached garage and replace it with a 1,000 SqFt garage. · Expanding a legal nonconforming use. The C-3 zoning district does not allow primary residential use of a structure. Residential uses must be secondary to a commercial operation. RECOMMENDATION At the May 14, 2007, Planning Commission meeting, Commissioners voted 6-0 to recommend approval of the variance request based on the staff recommendation. One citizen asked the size of the proposed garage during the public hearing. ATTACHMENTS . Location Map . Resolution . Aerial Photograph . 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 TO CUONG (KIM) & LORI DUONG AT 1908 VERMILLION STREET, HASTINGS, MINNESOTA Council member Resolution and introduced the following moved its adoption: WHEREAS, Cuong (Kim) & Lori Duong have petitioned for a variance to expand a nonconforming use located at 1908 Vermillion Street, legally described as follows: Lots 13-15, Block 18, W.G. Leduc's ADDITION, Dakota County, Minnesota; and WHEREAS, on July 23, 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 home was constructed in 1890, well before the establishment of landuse regulations. 2) Not allowing a garage as an accessory to a residence would pose an unnecessary hardship on the property owner. 3) The proposed reconstruction of the garage does not increase the residential activity of the property. BE IT FURTHER RESOLVED, the following: 1. A copy of this resolution shall be filed with the Dakota County Recorder's Office by the Hastings City Clerk. Council member put to a vote adopted by moved a second to this resolution and upon being present. 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 20th day of August, 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 (JJF) 1014th St. East Hastings, MN 55033 (SEAL) BACKGROUND INFORMATION Comprehensive Plan Classification The Landuse does not conform to the 2020 Comprehensive Plan. The property is designated C - Commercial. Zoning Classification The subject property is zoned C-3 - Community Regional Commerce. Residential uses are not allowed in this district unless it was legally being used this way at the time of a zoning change and continuously since then. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existin Use North Zonin Com Plan Commercial Business C - 3 - Com. Re . Commerce C - Commercial East Vermillion Street Industrial Business 1- 1 Industrial Park I - Industrial South Commercial Business C-3 - Com. Re . Commerce C - Commercial West R-3 - Med Hi h Dens. Res. U-1 - Urban Res. History The home was constructed in 1890, over 60 years before the City of Hastings adopted a zoning ordinance that controlled landuses. 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. 8. 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. This residential structure was built in 1890, which is more than 60 years before the City of Hastings adopted a zoning ordinance. When zoning was adopted in the 1950's this property was zoned commercial, which does not allow residential as a primary use. The property has continued to operate as residential prior to being zoned commercial, making it a legal nonconforming use. Nonconforming uses are not allowed to expand or rebuild. Prohibiting the ability to construct a garage to serve the home would result in an unusual hardship on the property. Staff has found the following findings of fact and hardships: 4) The existing home was constructed in 1890, well before the establishment of land use regulations. 5) Not allowing a garage as an accessory to a residence would pose an unnecessary hardship on the property owner. 6) The proposed reconstruction of the garage does not increase the residential activity of the property. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. BUILDING CONSIDERATIONS This proposed garage would be permitted and constructed as a residential accessory building and could not be used as a commercial structure. Only the existing driveway access to Vermillion Street will be allowed. A turnaround should be incorporated into the driveway so vehicles will not be required to back-up onto Vermillion Street. ,-- .- . J I 0 I/J .0!1 z' 0 ::; 21 211 90 -I i .1 a:: .. w 19. > III l- t/) -C> z iE ~ 1930 I 1 30 92 11927 . 93 108 .. ~S) ,O~ ~,.....\; ~~~ A\ 1938 _..~.......CT;.,W 2005 LAND USE APPLICATION - CITY OF HASTINGS PLANNING DEPT 101 4th St E, Hastings, MN 55033 ~ Phone: 651.480.2350 ~ Fax: 651.437.7082 Address of Property: \ q 02s' Legal Description of Property: \}(~m\\\\CH"\ S-t. APP.1ican1 Name, ~l)~ (K\~ ~".:J Ad<hi.ess: <--\ \~ -'f .-af\~ ~1- ~D..~ T \ ^Cj _ Phone: \ oC)\ - d~"'>-X"(\OS- Fax: Email: f"\ f T'" ~() 1.0 1 ~ m~(\ (\<.)\'" Property Owner: ~u Dn9 h.O{: Du (\(\~ Address: ..sG,'\Y'~ fftfD-tG.3~- I, (O&'-lo'10d-)~ Phone: $ G./n'\ Cb Fax: Email: S{~~ Description of Request: . \ 0 IT requesting site plan review of multi-family units (three or more attached), are the units intended to be for sale or rental units? Oteck Applicable Une(s) Rezone _ ...Final Plat if 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: $ ~5a. 00 Make Checks payable to City of Hastings. Please ensure that all copies of required documents are at~ applica' for' ormation. ~- /2 - (} A li gna Date (!U()VI~(,t1h \ Q('Uh'l. Applicant ame and Title - PI~e Print OFFICIAL USE ONLY 'f I r File.:# .Q O~ 1- '"33 Rec' d By: ~ It,IltJ''101/l Fee Paid: J4:( [) Receipt # 03/28/05