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Home My WebLink About20100517 - VIII-B-4Memo To: Mayor Hicks and City Council Members From: Kari Barker, Associate Planner, AICP Date: May 17, 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. HISTORY The City Council met on the item at its May 3, 2010, meeting. The item was tabled to obtain more information as follows. 1) Garage at neighboring property (516 5 St W) - The neighboring garage is located less than seven feet from the property line. It is unknown when the garage was built, though it was most likely built before 1984. There are no records in the file for the garage and paper files were started in 1984. A variance was not applied for the garage. 2) Applicant's intent to build if variance is modified for a smaller garage size — The applicant stated at the Planning Commission meeting that he would not desire to build the garage if a smaller sized garage was approved. This is in part because the size of the garage expansion would allow the stairs, headroom, and other items in the home to come up to current code. He further stated that less benefit would come from a smaller garage, but with close to the same price. 3) Sizes of garages for neighboring properties Address # of stalls 516 5th St West 2 stalls 512 5th St West 2 stalls 513 5th St West 2 stalls + door 515 5th St West 1 stall 517 5th St West 2+ stalls 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 5 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 • Resolution • Application • Aerial View • Site Location Map • Existing front view • New front view • Floor Plan Planning Commission review The Planning Commission met on the aforementioned item at its April 12, 2010, 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 — 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 -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 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. Twenty -five 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. 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 and moved its adoption: introduced the following Resolution 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 26, 2010, a review of 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 17, 2010, 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 17"' 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, MN 55033 HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING OHDS REVIEW TO ANDREW KLOTZ AT 514 5" STREET W, DAKOTA COUNTY, MINNESOTA Council member and moved its adoption: introduced the following Resolution WHEREAS, Andrew Klotz has petitioned for Original Hastings Design Standard Review for a garage expansion and addition. On property legally described as follows: Addition Number 13, Lot 12, Block 28, Dakota County, Minnesota. WHEREAS, on April 26, 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 recommended approval of the Original Hastings Design Standards Review. 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 Original Hastings Design Standards Review 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 17, 2010, 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 17` 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, MN 55033 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 5145 1h 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 17, 2010, 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 17 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, MN 55033 d 77 ■ _ - - _ -„ Street fast, I�at�ngs, MN 55033 p. 651480 -2359 f. 651 -437 -7082 wwwxi.hastings.mn.us Land Use Application Address or PID of Property: Applicant Name: AA " w K64 Address: 5,_ 1 5-A W Phone: q 2'33 Fax: Email: avtArew • V-10 c (e W1, V+% ; 1 Property Owner: &Aigbd li lxc�d h - Address: _ 57y syh s;A W � -5s Phone: 33 '-('13 3 Fax: ... --_ Email: 6.�.A . Kj efz C G s, cArwry Description of Request: � was �' � `� e cta reie, s 4b /.5 ' 4 " �(o � 9 ` `, M - 15 -6 ke - lv r : r� (1 ('l4 � s� G, e%lirLx,N_P AfP icI L, Nnr c; . L - 'e+' IFl"', _ flot -I AArfi -& F.! % L4hL,# ._ I -tm'r SYT r 1. "'— VJ (G10 a,41- k1v'4- 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 V Variance $250 Comp Plan Amend. $500 Vacation $400 Lot Split /Lot Line Adj. $50 L7., -_..� AIf�__. -, _ 1 to se Mo e &r-nn .P.JUU A.,_�_.,_... t. ._� Pir Lexation d�Cnn ��___ 7_�_Y _ �:JUU p1i s Iegal expenses Prelim Plat $500 + escrow EAW $500 + $1,000 escrow Site Plan $500 + escrow Total Amount Due: $ 00 Make checks payable to City of Hastings. Credit cards also accepted. 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