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Home My WebLink About20070521 - VIII-B-2Memo ~Il~-B_2 To: Mayor Hicks and City Council Members From: Justin Fortney, Associate Planner Date: May 21, 2007 Subject: Variance- David Huebsch - #2007-20- A variance from the side setback at 1611 Tyler Street REQUEST David Huebsch seeks the following variance in order to reconstruct a 24' x 14' detached garage 2' into the accessory building setback. The previous building of the same size and location was destroyed by fire. • 2' variance to the 5' side yard setback requirement to rebuild anon-conforming structure (detached garage), as stipulated in the R-2 Zoning District. The previous garage encroached 2 feet into the required 5' setback. 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. No members of the public spoke to the issue during the public hearing. ATTACHMENTS • Resolution • Location Map • Aerial Photograph • Application Variance - 1611 Tyler Street City Council Memo -May 17, 2007 Page 2 ANALYSIS The proposed location would situate the building 3' from the property line, which is the minimum distance allowed before the building code requires any fireproofing of the structure. The proposed reconstruction would occur on an existing foundation of a previous structure that was recently demolished because it was burned beyond repair. The zoning ordinance requires compliance with all current codes should a structure be destroyed by any means to an extent of more than 50% of its replacement cost. The location of reconstruction is southeast (behind and to the side) of the existing home at 1611 Tyler Street: 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 and Two Family homes are a permitted uses in the R-2 District. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existin Use Zonin Com Plan North Sin le-Famil Home R-2 -Med Dens. Res. U-1 - Urban Res. East Sin le-Famil Home R-2 -Med Dens. Res. U-1 -Urban Res. South Sin le-Famil Home R-2 -Med Dens. Res. U-1 - Urban Res. West Tyler Street Sin le-Famil Home R-2 -Med Dens. Res. U-1 - Urban Res. History The home was constructed in 1955, one year before the City of Hastings adopted a zoning ordinance requiring setbacks. Variance - 1611 Tyler Street City Council Memo -May 15, 2007 Page 3 VARIANCE REVIEW Minimum Setback Requirements Minimum setback requirements for accessory structures in the R-2 District are: Area Setback Front 20' Side 5' Corner Side 10' Rear 5' 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. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING A SIDE YARD VARIANCE TO DAVID HUEBSCH AT 1611 TYLER STREET, DAKOTA COUNTY, MINNESOTA Council member moved its adoption: introduced the following Resolution and WHEREAS, David Huebsch has petitioned for a variance from Ordinance 10, Section 10.26 requiring a five foot setback. The applicant is requesting a three foot setback to allow for the rebuilding of a demolished garage. The subject property is legally described as Lot 9, Block 1, Le Duc's Third addition, 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 approval 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 approves the variance as requested based on the following findings of fact: 1) The existing home was constructed in 1955 before the establishment of zoning setbacks and building permit approval. 2) Requiring the existing foundation to be removed and rebuilt an additional 2' from the side property line would pose an unnecessary hardship on the applicant. 3) The proposed reconstruction of the accessory building does not encroach any further into the deficient setback. 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 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 May 21, 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 21St day of May, 2007, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 I I ~ ~ I ~ I 1525 1534 I ~ I I I I I 1601 1602 I I I I I I 1603 1606 I I ~I I ~I NI } W ~ 1605 1610 W I ~I JI ~ ~I I I I I 1607 1616 I I I I I I 1623 1622 I I I - ~ - I 17TH ST E I - - - - - - ~ - - - - - - - J I I I I 1525 1532 1603 1602 1607 1608 ~~' ~tQ LOGfit101'1 1611 1614 1617 1616 1623 1626 1631 415 I ~ ~ 507 C~ ~ ~'Qij9Q~ SD9 I ,R I .ST I N2 ~ ~ 513 I ~ ~ I I I 1603 ~ S!! I ~6 ~ ~ w l ._I I 1609 510 4 ~ I 516 I I 1621 I S22 I I I 1627 I 501 I 9U3 I 907 I 1633 I I I 1701 1700 I 17TW ST E 1 4- - - - - ' - - - - - - I 1703 1706 I LAND USE APPLICATION -CITY OF HASTINGS PLANNING DEPT 1014 St E, Hastings, MN 55033 ~ Phone: 651.480.2350 --Fax: 651.437.7082 Address of Property: ~ ~~~ T~~~/ S~ret~- ~~5+.~~ /t+l~? SSU3? Legal Description of Property: Applicant Name: ~C~V~~ ~~~~b`~~ Property Owner: l~oe ~~~c-~JSc.L` Address: ~~'' `e- Address: Phone: (05l - ~(SO- ~35'OS Phone: Fax: Fax: Email: ~~ ~ . l ueloscl. ~ ~-N~-~tc.Co~~ Email: Description of Request: ~a+ i arse ~ 5 ~ cle 1/ a~ d S c j ~c K- 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) Please Note! All Fees and Escrows are due at time of application. Rezone $500 _ Final Plat $600 Variance $250 Vacation $400 House Move $500 _ Prelim Plat $500 + escrow Site Plan $500 + escrow Minor Subdivision $500 Special Use Permit $500 Comp Plan Amend. $500 Lot Split/Lot Line Adj. $50 _ Annexation $500 plus legal expenses EAW $500 plus $1,000 escrow Please see reverse side for escrow amounts required. Total Amount Due: $ S ~ Make Checks payable to City of Hastings. Please ensure that all copies of required documents are attached. See reverse side of this application for i''nforOmat//ion. Applicant Signature Date Owner Signature Date Applicant Name and Title -Please Print Owner Name -Please Print OFFICIAL USE ONLY p~g~pg File # ^-_'.CD 7-~ C Recd By: JuSf- ti FG•7 ^^~1 Date Recd: .5-~/'~ 7 Fee Paid: is n> Receipt # 510 N'O App. Complete ~_