HomeMy WebLinkAbout20100503 - VIII-B-2_Nre
To: Mayor Hicks and City Council Members
From: Kari Barker, Associate Planner, AICP
Date: May 3, 2010
Subject: Variance and OHDS Review- Andrew Klotz - #2010 -14 — Variance
from a seven foot setback and Original Hastings Design Standards
Review
REQUEST
Andrew Klotz, property owner of 514 5 Street W, is requesting the following actions:
1) Grant a 3.5 foot variance from the 7 foot side yard requirement (leaving a 3.5
foot setback). The existing 10.5 foot wide garage would be widened to 16 feet
and would include a second floor living space addition. The garage would be
shortened approximately three feet on the rear and lengthened 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.
PLANNING COMMISSION REVIEW
The Planning Commission met on the item at its April 26, 2010, meeting. Motion by
Vaughan to approve the sideyard setback variance to expand an existing garage at 514
West 5th Street. Vaughan stated his reason for approval was that the garage was
designed to fit into the OHDS district and it was not possible to build the garage further
back on the property. Seconded by Slaten. Upon vote taken, Ayes 3, Nays 4
(Bullington, Zeyen, Peine, Stevens). Motion failed.
Motion by Vaughan to approve the OHDS review for 514 West 5 Street. Seconded by
Peine. Upon vote taken, Ayes 7, Nays 0. Motion carried.
ATTACHMENTS
• Application
• Aerial View
• Site Location Map
• Floor Plan
• Photographs
• Resolution
HISTORY
The Planning Commission met on the aforementioned item at its April 12, 2410,
meeting. The item was tabled to allow the applicant to better determine his property
lines and setbacks.
The applicant was able to locate the two rear property pins along with the front right
property pin. Using these pins, the applicant was able to determine the approximate
location of the left property pin. This determination allowed the applicant to measure his
left sideyard setback at 3.5 feet.
In addition, the applicant remeasured the distance from the proposed garage expansion
to the neighbor's existing garage. This distance was determined to be 8 feet and 5
inches.
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 -1 —
U'rban 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 -1
— Urb
Res.
East
Residential
R -2 — Med Dens Res.
U -1
— Urb
Res.
South
Residential
R -2 — Med Dens Res.
U -1
— Urb
Res.
West
Residential
R -2 — Med Dens Res.
U -1
— 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 3.5 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
The location of the garage and access from Stn 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. Twenty -five year slate colored
asphalt shingles are proposed on a 10112 roof pitch. The materials and roof pitch match
the existing home.
RECOMMENDATION OHDS - Approval
Staff is recommending approval of the OHDS Review.
10'I 4 Street east, Has #�ngs "IVIN
55033 '
p. 657 -4480 -2359 f.651-437 -7082
www.ci.hastings.m n.us
Land Use Application
Address or PID of Property:
Applicant Name: o.eAr .,4 Pik V Z--
Address: 5J 4 S -t W 15•- \Q
Phone: 1 a 2. 3 - 4 Z3
Fax:
Email: CmArew • V'1 0 (e i's. car VA4 • ; 1
Property Owner: /fir tkd 'i lxc� ►!1 -
Address: 51y s�zth s/` hZ
1r SS 6 S 3
Phone: 'Z 3 3 -I 'Z 3 3
Fax: , , ...,,,.., �.._
Email: et"e\reyj IL Id r C 4cs. cAr+L4V ;
Description of Request: � ,f was -�' e �� raa A - 40 /
6rAt, -6 6 ,-� "lr3 ! rlC !3 !Ar i AAr6-dto A1.9 1�.
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
Minor Subdivision
$500
Final Plat
$600
Special Use Permit
$500
Variance
$250
Comp Plan Amend.
$500
Vacation
$400
Lot Split /Lot Line Adj. $50
_ House Move
$500
_ Annexation
$500 plus legal expenses
Prelim Plat
$500 + escrow
EAW
$500 + $1,000 escrow
Site Plan
$500 + escrow
Total Amount Due: $
Make checks payable to City of Hastings.
Credit cards also accepted.
Plea ensue that all co pi gf-required documents are atta
Applicant Signature Date Owner Signature Date
Applicant Name and Title - Please Print Owner Name'- Please Print
OF'F'ICIAL USE ONLY
File # Rec'd By: Date Rec'd:
Fee Paid: Receipt # App, Complete
AERIAL VIEW
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First Floor Plan
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14)
HASTINGS CITY COUNCIL
RESOLUTION NO..
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
DENYING A SIDE YARD VARIANCE TO ANDREW KLOTZ AT
514 5" STREET W, DAKOTA COUNTY, MINNESOTA
Council member
Resolution and moved its adoption:
introduced the following
WHEREAS, Andrew Klotz has petitioned for a variance from Ordinance 155.50
requiring a seven foot setback. The applicant is requesting a three foot, six inch setback
to allow for an addition to an existing garage.
On property legally described as follows: Addition Number 13, Lot 12, Block 28, Dakota
County, Minnesota.
WHEREAS, on April 12, 2010, 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 did not
recommend 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 denies the variance as requested 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 3.5 feet from a side property line. Lack of a unique situation
could confer smaller setbacks on other properties.
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 3, 2010, by the following vote.
Ayes:
Nays:
Absent:
ATTEST:
Paul I 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 3 rd day of
May, 2010, 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 (KSB)
101 4th St. East
Hastings, MIDI 55033