HomeMy WebLinkAbout20091005 - VIII-B-2
Variance – 1906 Eddy St
City Council Memo – October 5, 2009
Page 1
Memo
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner
Date: October 5, 2009
SubjectGary Anderson
:– Variance #2009-28 - Variance to expand a
nonconforming structure at 1906 Eddy Street
REQUEST
Gary Anderson is requesting the following variances from City Code Chapter 155:
(1)151.11 Nonconforming Uses, (B) (1) No use shall be expanded, changed,
enlarged, or altered in a way which increases its nonconformity.
The nonconformity results from the existing garage having a 1 foot sideyard setback. The
current City Code requires an accessory structure to be no closer than 5 feet to the rear or
adjacent interior side lot line.
The applicants request the variance in order to add a 22’ X 21’ foot addition to the
existing garage. The addition would have a five-foot sideyard setback.
RECOMMENDATION
At the September 28, 2009, Planning Commission meeting, the Commission voted 4-1 to
recommend approval of the variance. The Commissioner that objected cited disagreement
with the large size of accessory structures. No one from the public spoke for or against the
item during the meeting.
ATTACHMENTS
Resolution
Aerial Map
Building Plans
Application
Letter from neighbor
Variance – 1906 Eddy St
City Council Memo – October 5, 2009
Page 2
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.
Adjacent Zoning and Land Use
The following land uses abut the property:
Direction Existing Use Zoning Comp Plan
North
Single-Family Home R-2 – Med Dens. Res. U-1 – Urban Res.
East
Single-Family Home R-3 – Med-High Dens. Res.U-1 – Urban Res.
South
Single-Family Home R-2 – Med Dens. Res. U-1 – Urban Res.
West
Single-Family Home R-2 – Med Dens. Res. U-1 – Urban Res.
History
The home was constructed in 1950 and purchased by the applicants in 1993. The existing
garage is approximately 528 square feet. The new addition will be 462 square feet, for a
total of 990 square feet.
VARIANCE REVIEW
Per 155.05 Application of District Regulations (D) (11), homes without a garage are allowed
two detached structures with a combined total of 1000 square feet.
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.
Variance – 1906 Eddy St
City Council Memo – October 5, 2009
Page 3
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 negative 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 VARIANCE TO EXPAND A NONCONFORMING USE
AT 1906 EDDY STREET LEGALLY DESCRIBED AS
AUDITORS SUBDIVISION NO 10 S 78 FT OF E 150 FT OF LOT 10
Council member _______________________ introduced the following
Resolution and ___________________ moved its adoption:
WHEREAS
, Gary Anderson has petitioned for a variance to expand a
nonconforming structure located at 1906 Eddy Street legally described as AUDITORS
SUBDIVISION NO 10 S 78 FT OF E 150 FT OF LOT 10
WHEREAS
, on September 28, 2009, the Site Plan was reviewed by 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 (4-1) of the
request to the City Council subject to the conditions contained herein; and
WHEREAS
The City Council has reviewed the request and concurs with the
recommendation of the Planning Commission.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HASTINGS AS FOLLOWS:
That the City Council hereby approves the Variance as presented to the City Council
based on the following findings of fact:
Approval of the variance is recommended based on the following findings of fact and
hardships:
1)The existing shed was constructed before the establishment of the current zoning
setbacks.
2)The proposed addition does not increase the nonconformity of the home.
3)The special conditions and circumstances do not result from actions of the
applicant.
Council member __________________ moved a second to this resolution and upon
being put to a vote adopted by _____ present.
Ayes: ____
Nays: _____
Absent: ______
ATTEST:
_______________________________
Paul J. Hicks
Mayor
_______________________________
Melanie Mesko Lee
City Clerk
I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to
th
and adopted by the City of Hastings, County of Dakota, Minnesota, on the 5 of October
2009, 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
101 4th St. East
Hastings, MN 55033
(KSSB)
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