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HomeMy WebLinkAbout#4 Variance 514 West 5th Memo To: Planning Commissioners From: Kari Barker, Associate Planner, AICP Date: March 22, 2010 Subject:Variance and OHDS Review- Andrew Klotz - #2010-14 – Variance from a seven foot setback REQUEST th Andrew Klotz, property owner of 514 5 Street W, is requesting the following actions: 1) Grant a 5.5 foot variance from the 7 foot side yard requirement (leaving a 1.5 foot setback). The existing 10.5 foot wide garage would be widened to 16 feet with and nd include a 2 floor living space addition. The garage would also be lengthened by fourteen feet, towards the front of the home. 2) Original Hastings Design Standards Review . The project will exceed five percent of the current assessed building value. 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 home was built in 1924 with the garage added on at a later date. The existing garage currently is nine feet wide with a seven foot garage door. Adjacent Zoning and Land Use The following land uses abut the property: Direction Existing Use Zoning Comp Plan North Residential R-2 – Med Dens Res. U-I – Urb Res. East Residential R-2 – Med Dens Res. U-I – Urb Res. South Residential R-2 – Med Dens Res. U-I – Urb Res. West Residential R-2 – Med Dens 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’ Tree Preservation One tree will be removed as part of the addition. Per the City of Hastings Tree Preservation Plan, the tree must be replaced with one of the following: 1) One tree greater than 3 inches in diameter 2) Two trees less than 3 inches in diameter 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. Staff Response: The topography of the land would not allow the garage to be built in another location. There is a steep drop off on the immediate back side of the garage. 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. Staff Response: The applicant’s current garage is nine feet wide, with a seven foot door. The applicant is proposing a fifteen foot six inch garage space. In comparison, a standard one-car stall garage door is eight to nine feet wide with four feet necessary for framing, for a minimum one-car garage size of twelve to thirteen feet. C. That the special conditions and circumstances do not result from actions of the applicant. Staff Response: Staff concurs with this criterion as the garage was built prior to the applicant purchasing the home. 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. Staff Response: Staff feels that granting the variance would confer special privileges as the proposed garage exceeds the size of a typical one-car garage. VARIANCE RECOMMENDATION - Denial Staff recommends denial of the variance based on the following findings of fact: 1) The proposed variance would confer upon the property owner the ability to construct an unusually wide one stall garage. 2) A unique hardship has not been proven to allow construction of a home and garage addition to be 1.5 feet from a side property line. Lack of a unique situation could confer smaller setbacks on other properties. OHDS REVIEW The applicant is proposing to add living space above the expanded garage. The garage expansion creates a livable second level with seven feet of headroom. In addition, the garage expansion allows the stairs to the second level and basement to come into current Building Code compliance. OHDS Intent Original Hastings Design Standards (OHDS) preserve and enhance traditional neighborhood design by reflecting the general characteristics of buildings dating from 1845 to 1940, which is the predominate era for building construction within the OHDS District. OHDS regulations ensure traditional neighborhood design by incorporating design features such as alleys, carriage houses, front porches, period sensitive housing design, sidewalks, and traditional street lighting. Design standards create and enhance the character of older neighborhoods by establishing regulation to guide property development and rehabilitation consistent with the unique historic character of the neighborhood. The OHDS are derived from the Design Guidelines for Original Hastings, adopted in 2003 by the City Council as part of the Heart of Hastings Master Plan. OHDS regulations are located found in Chapter 10.14, Subd. 4 of the Hastings City Code Garage Location and Access th The location of the garage and access from 5 Street are acceptable. OHDS prohibits new garages from directly abutting a public street if an improved alley way abuts the property. The property does not abut an alley. Materials The applicant is proposing to use cedar shakes on the expansion area, which would match the existing materials on the home. OHDS requirements allow for wood lap siding up to five inches exposed. The cedar shakes on this home are ten inches exposed. Although this is larger the five inch maximum, the material is similar to that used during the time period the home was built. Roof Materials Roofing materials and pitch meet OHDS requirements. 25 year slate colored asphalt shingles are proposed on a 10/12 roof pitch. The materials and roof pitch match the existing home. RECOMMENDATION OHDS - Approval Staff is recommending approval of the OHDS Review ATTACHMENTS Application Aerial View Site Location Map Floor Plan Photographs AERIAL VIEW