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HomeMy WebLinkAbout20100621 - VIII-B-4Memo To: Mayor Hicks and City Council Members From: Justin Fortney, Associate Planner Date: June 21, 2010 Subject: Mark Loosbrock — Variance #2010 -29 - Variance to side setback of a non - conforming structure at 725 3 rd Street West REQUEST Mark Loosbrock is proposing to build an addition onto the rear of his house and requests the following actions to allow it 1 . Variance from City Code Chapter 155.50, Residential District Lot Regulations, The existing home has a 6 -foot Sideyard setback. The current City Code requires homes in the R -2 district to have a seven -foot sideyard setback. The applicant is applying for a 1 -foot Sideyard variance to build the proposed addition in the rear. 2. Variance to a non - conforming structure due to it having insufficient front yard setback (17' rather than 20') and insufficient sideyard setback (6' rather than 7') RECOMMENDATION At the June 14 Planning Commission meeting the Planning Commission voted to recommend approval of the variance 5 -0. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No members of the public spoke at the meeting or have made comments to staff. ATTACHMENTS • Resolution • Location Map • Aerial Photograph • Site Plan Map • Elevation Drawings BACKGROUND INFORMATION Comprehensive Plan Classification, zoning, and land use The use conforms to the 2020 Comprehensive Plan. The subject and adjacent properties are designated U -1 — Urban Residential. The subject and adjacent properties are zoned R -2 — Medium Density Residential. Single - family homes are a permitted use in the R -2 District. This property is not within the OHDS (Original Hastings Design Standards) area. There are no design requirements to be reviewed. History The home was constructed in 1873, many years before setback requirements. VARIANCE REVIEW Area Setback Minimum Setback Requirements Front 20' Minimum setback requirements for homes in the R -2 District are: Side 7' Rear 20' 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 15. 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. HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A VARIANCE TO THE SIDE SETBACK AT 725 3 RD ST W FOR MARK LOOSBROCK. Council member moved its adoption: introduced the following Resolution and WHEREAS, Mark Loosbrock, owner, has petitioned for a variance to expand the rear of the house into the required side yard setback located at 725 3 rd Street West, legally described as Lot 5, Block 17, ADDITION NO. 13, Dakota County, Minnesota; and WHEREAS, on June 14, 2010, the request 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 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; and 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: 1) The existing home was constructed in 1873 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. That the City Council hereby approves the proposed variance as presented to the City Council with the following condition: 1) The variance only applies to the house and proposed addition. 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 (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 21S day of June 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 (JJF) 101 4th St. East Hastings, MN 55033 Site Location Map Site Location ZL'E 3 803 801 751 739 735 713 711 707 x701 653 639 804 80� 750 740 726 720 738 7�:+ III Ilu 708 700 � 650 636 3RD ST W w Site Location Z 855 X747 745 739 719 705 300 731 725 L X 36 74© 7 724 714 1 706 700 301 651 632 " I Aolw h' Name jm*' WA F, k� „` Site Plan Map -17' 31' �39' 4 ' 11 35' fi' RIGHT SIDE ELEVATION REAR ELEVATION