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To: Mayor Hicks & City Council From: Justin Fortney, Associate Planner Date: November 5, 2012 Item: OHDS and variances -detached garage – 408 Ashland Street – Blake and Rebecca Kiernan
City Council Action Requested: Review and take action on the following requests for a new detached garage: 1) OHDS (Original Hastings Design Standards) review 2) Variance to have a driveway
located on a street rather than the alley 3) Five foot variance to the ten foot corner sideyard setback Background Information: Please see the attached Planning Commission Memorandum
for background information. Financial Impact: None Advisory Commission Discussion: The Planning Commission voted 4-0 to recommend approval of the request at the October 22, 2012 meeting.
No members of the public spoke at the meeting Staff Recommendation: Staff recommends approval of the first two requests, but does not recommend approval of the corner sideyard setback.
It appears the garage can be reduced in size and reconfigured to meet the setback requirement. The proposed placement is much closer to 4th Street than neighboring structures. Council
Committee Discussion: None Attachments: ! Resolutions ! Planning Commission Staff Report – October 22, 2012 City Council Memorandum
HASTINGS CITY COUNCIL RESOLUTION NO. _____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING ORIGINAL HASTINGS DESIGN STANDARDS REVIEW APPROVAL FOR THE CONSTRUCTION OF
A DETACHED GARAGE AT 408 ASHLAND STREET -BLAKE AND REBECCA KIERNAN Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Blake
and Rebecca Kiernan have petitioned for an application to construct a detached garage at 408 Ashland Street, legally described as follows: Lot 1, Block 25, Town of Hastings Blocks 1
Thru 99 Addition, Hastings, Dakota County, MN WHEREAS, property improvements are subject to City Code Chapter 155.07, Subd. (D) Original Hastings Design Standards; and WHEREAS, the Planning
Commission of the City of Hastings recommended approval of the request. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council concurs
with the recommendation of the Planning Commission and hereby approves the Original Hastings Design Standards Review as presented to the City Council subject to the following conditions:
1. Conformance with the City Council Staff Report and plans dated November 5, 2012. 2. Approval of a building permit. 3. Approval is subject to a one year Sunset Clause; if significant
progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void.
Council member __________________ moved a second to this resolution and upon being put to a vote adopted by _____ present. Adopted by the Hastings City Council on November 5, 2012, 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 5th day of November, 2012,
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
HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING DRIVEWAY VARIANCE AT 408 ASHLAND STREET -BLAKE AND REBECCA KIERNAN Council
member _______________________ introduced the following Resolution and moved its adoption: WHEREAS, Blake and Rebecca Kiernan, have petitioned for a variance Hastings City Code Chapter
155.23, Subd. D(6) – Original Hastings Design Standards in order to build a driveway onto a street rather than an alley as required by OHDS requirements for the construction of a detached
garage, located at 408 Ashland Street, legally described as Lot 1, Block 25, Town of Hastings Blks 1 Thru 99 Addition, Hastings, Dakota County, MN; and WHEREAS, on October 22, 2012,
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. Practical difficulties exist due to the location of the existing house near the alley and topographical changes on the property. The
existing situation does not allow adequate space to provide a driveway from the alley 2. The variance is in harmony with the purposed and intent of the ordinance. Access to the alley
is not possible in this situation due to topographical relief and location of the existing home.
3. Providing a garage is a reasonable use of the property. 4. Granting the variance ill not alter the essential character of the locality. There are 15 properties that access streets
rather than alleys within 350-feet of this property, including three on Ashland Street; and That the City Council hereby approves the proposed variance as presented to the City Council
with the following conditions: 1) Conformance with the City Council Staff Report and plans dated November 5th 2012. 2) Approval of a building permit. 3) Approval is subject to a one
year Sunset Clause; if significant progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. 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 5th day of November 2012, 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
HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A VARIANCE TO THE SIDE SETBACK REQUIREMENT FOR THE CONSTRUCTION OF A DETACHED
GARAGE AT 408 ASHLAND STREET -BLAKE AND REBECCA KIERNAN Council member _______________________ introduced the following Resolution and moved its adoption: WHEREAS, Blake and Rebecca
Kiernan, have petitioned for a five foot variance from the ten foot minimum corner side setback established in Hastings City Code Chapter 155.05, Subd. D(11) – Accessory Building Setbacks,
to build a detached structure located at 408 Ashland Street, legally described as Lot 1, Block 25, Town of Hastings Blks 1 Thru 99 Addition, Hastings, Dakota County, MN; and WHEREAS,
on October 22, 2012, 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: The placement of the existing home and topographical changes on the property present a practical difficulty.
That the City Council hereby approves the proposed variance as presented to the City Council with the following conditions:
1) Conformance with the City Council Staff Report and plans dated November 5th 2012. 2) Approval of a building permit. 3) Approval is subject to a one year Sunset Clause; if significant
progress is not made towards construction of the proposal within one year of City Council approval, the approval is null and void. 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 5th day of November 2012, 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
To: Planning Commission Members From: Justin Fortney, Associate Planner Date: October 22, 2012 Item: Tabled -OHDS review for a detached garage & Variance for driveway-#2012-41 – 408
Ashland Street – Blake and Rebecca Kiernan Request: Remove from the table and consider the following requests: ! Build a new detached garage which requires OHDS review ! Variance to
install a new driveway for the proposed garage that accesses Ashland Street, rather than the alley as required by OHDS regulations ! Side setback variance Background Information: This
item was tabled from the October 8th Planning Commission meeting to allow the applicants time to locate their water and sewer lines along with clarifying their request. The applicants
would like to remove a dilapidated garage on the south portion of the property and build a new garage on the north side. The home was constructed in 1870 and is zoned R-2 (Medium Density
Residential). OHDS Review: The structure is proposed to 30’X30’ (900 Sq Ft). This will allow them to keep the garden shed (94.5 Sq Ft) on the property. It is proposed to have a 10/12
pitched roof, blue 4” lap vinyl siding to match the house, two 8’-wide overhead doors, a service door, and no windows. The garage will be highly visible from 4th Street East. The current
1.5 car garage does not meet setback requirements and a larger garage in that area would certainly not meet them. For this reason, they propose building it on the north side of the property.
OHDS regulations require garages to have similar building materials and design elements as the main structure. The home has vinyl siding and a shingled roof with about a 10/12 pitched
roof. The proposed garage has these same features but has no windows proposed. Windows should be added with similar size and shape of the house’s windows to meet the OHDS regulations.
Water and Sewer Lines The water and sewer lines were located to be running near the middle of the property. This makes avoiding them difficult. The applicants are choosing to build the
garage over these lines. There are no ordinances against this. Driveway Variance (4th Street East) OHDS regulations require that garage access be taken from an alley when one exists.
The applicants state that this is not possible because they have no room for a driveway. This is due to an existing shed, hot tub/patio, and a retaining wall being located 2-feet in
from the west property line. In addition, the applicants state that a driveway from the alley will direct water from the raised alley down to their home. Water from the alley draining
towards the house has always been a concern of the applicants. Planning Commission Memorandum
While the location of the shed, hot tub/patio may have been a result of the landowner, the existing topography and west retaining wall do limit the ability to have a driveway from the
alley to the proposed garage. In addition, if granted, this variance would not alter the essential character of the locality because there are currently about 15 properties that directly
access streets rather than alleys within 350-feet of this property, including three on Ashland. Front Setback (Ashland St) The garage is positioned 10-feet from the front property line.
While a 20-foot setback is normally required, the following provision of the zoning ordinance will allow the 10-foot setback. Where adjacent structures have front yard setbacks different
from those required, the minimum front yard setback shall be the average setback of the structures, but in no case shall the front yard setback be less than 10 feet. (Two neighbors to
the south have zero-foot setbacks and the neighbor to the north has 23-feet). Side Setback Variance (4th Street East) The required side setback is 10-feet from the property line. The
applicants are proposing a 5-foot setback. This will place the garage very close to 4th Street East. Since most houses along 4th Street East front it, they are between 15’ to 40’ from
the property line. The applicants state this is due to needing room to turn vehicles into the side-loaded garage. There is not a definitive amount of space needed for this. The plan
shows a 27.5’ turn around area to the retaining wall and house. The parking lot standards for a 2-way drive isle to pull into a 90-degree parking stall is only 22-feet. To approve a
variance, the following findings must be made: ! Evidence that practical difficulties in complying with the regulations exist ! Circumstances relating to these difficulties may not have
been created by the landowner ! Does the proposal put property to use in a reasonable manner ! The variance may not alter the essential character of the locality These findings must
be made prior to the approval of this side variance Attachments ! Aerial Photograph ! Site Plan ! Photographs
Site Plan