HomeMy WebLinkAboutVIII-11 Resolution - Reauthorization of Variance to Erect Carport - 295 West 15th St
City Council Memorandum
To: Mayor Fasbender and City Councilmembers
From: John Hinzman, Community Development Director
Date: April 1, 2019
Item: Resolution: Reauthorization of Variance ‐ Paul Peters #2016‐35 – Variance – Carport
Setback
Council Action Requested:
Adopt the attached resolution reauthorizing approval of a sideyard setback variance for Paul
Peters to construct a carport at 295 15th Street W. A simple majority vote is necessary for
approval.
Background Information:
The City Council approved the original variance granting a 2.5 foot variance to the minimum 7
foot minimum sideyard setback requirement for construction of a carport on September 6,
2016. Approval was subject to a one year sunset clause requiring substantial completion. Mr.
Peters was unable to begin the project due to health issues (see attached letter), but is now
looking to construct the carport.
The City Council voted 7‐0 to approve the variance with limited discussion.
Financial Impact:
N\A
Advisory Commission Discussion:
The Planning Commission voted 7‐0 to recommend approval at the August 22, 2016 meeting with
limited discussion. Neighbors were notified of the request and no comments were received.
Council Committee Discussion:
N\A
Attachments:
Resolution
Applicant Letter
Staff report – Planning Commission August 22, 2016
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HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS
REAUTHORIZING A VARIANCE TO THE SIDEYARD SETBACK FOR AN
ATTACHED CARPORT AT 295 15th STREET WEST
Council member _______________________ introduced the following Resolution and moved its
adoption:
WHEREAS, Paul Peters has petitioned for a 2.5-foot foot variance from the required 7-
foot side setback requirement for an attached carport on an R-2 zoned parcel. The property is
located at 295 15th Street East, legally described as the East 60 Feet of the West 180 Feet of Lot
2, Auditors Subdivision No 10, Dakota County MN.
WHEREAS, on August 22, 2016, 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 upon review of the request on September 6, 2016, the City Council adopted
Resolution No. 9-12-16 approving the variance subject to certain conditions including a sunset
clause requiring certain progress be achieved within one year or approval would be null and void;
and
WHEREAS significant progress was not made within the one year period as directed by
the resolution for approval due to health issues of the applicant; and
WHEREAS the applicant seeks to reauthorize the approvals granted in Resolution No. 9-
12-16 to allow construction to commence.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HASTINGS AS FOLLOWS:
That the City Council hereby reauthorizes the approval granted by City Council Resolution No. 9-
12-16. Approving the variance as presented to the City Council based on the following findings
of fact:
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Evidence that practical difficulties in complying with the regulations exist
o The uncommonly small garage does not fit a fishing boat or pickup truck.
o Placing a carport over the driveway that meets the setbacks will block items from
being removed from the garage like lawnmowers, snow blowers, etc. there would not
be room to bring them between the home and vehicle or the posts and vehicle.
Circumstances relating to these difficulties may not have been created by the landowner.
o The property was constructed in 1951, many years before the applicant purchased it.
The variance may not alter the essential character of the locality
o The character of the area will remain unchanged, the carport will be in line with the
front building line of the area and existing house.
o Additionally, as it is an open structure, it will not appear to clutter the side property
line.
o There is vegetation along the east property line creating an extra buffer from the
neighbor.
With the following conditions:
1) Conformance with the Planning Commission Staff Report and plans dated August 22, 2016.
2) Approval is subject to a one year Sunset Clause; if progress on the proposal is not
made 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.
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Adopted by the Hastings City Council on April 1, 2019, by the following vote:
Ayes:
Nays:
Absent:
ATTEST: __________________________
Mary Fasbender, Mayor
________________________________
Julie Flaten
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 1st day of April 2019, as
disclosed by the records of the City of Hastings on file and of record in the office.
________________________________
Julie Flaten
City Clerk (SEAL)
This instrument drafted by:
City of Hastings (JJF)
101 4th St. E.
Hastings, MN 55033
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To: Planning Commission
From: Justin Fortney, City Planner
Date: August 22, 2016
Item: Variance – Carport Setback
PLANNING COMMISSION ACTION REQUESTED:
Review and make a recommendation on the proposed carport setback variance
Background
The applicant would like to build an attached carport onto his home. His attached one-car
garage is very small and does not house his vehicle or boat. The carport will be attached to
the east side of the house, in front of the attached garage that is set back from the front of
the house. The applicant contends that if the carport was constructed to meet the 7-foot
setback, the width of the carport would only be 10-feet wide, which would be difficult to
back his 8.8-foot boat into. In addition, once a vehicle is in the carport, there would not be
enough room on either side of it to pass a lawnmower or snow blower past the vehicle from
inside the garage.
Comprehensive Plan Classification
The 2030 Comprehensive Plan designates the property as Low Density Residential.
Zoning Classification
The property is zoned R-2 Medium Density Residence, the following land uses abut the
property:
Direction Existing Use Zoning Comp Plan
North Residential R-2 MD Res Low Density Res
East Residential R-2 MD Res Low Density Res
South Residential R-2 MD Res Low Density Res
West Residential R-2 MD Res Low Density Res
Existing Condition
The lot is very small at 3,960 SF (60’ wide by 66’ deep) and the home is 1,026 SF.
Planning Commission Memorandum
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Variance review
Below is a list of variance requirements that must be satisfied prior to approval of a variance
with the findings summarized below each item:
• Evidence that practical difficulties in complying with the regulations exist
o The uncommonly small garage does not fit a fishing boat or pickup truck.
o Placing a carport over the driveway that meets the setbacks will block items
from being removed from the garage like lawnmowers, snow blowers, etc. there
would not be room to bring them between the home and vehicle or the posts
and vehicle.
• Circumstances relating to these difficulties may not have been created by the
landowner.
o The property was constructed in 1951, many years before the applicant
purchased it.
• The variance may not alter the essential character of the locality
o The character of the area will remain unchanged, the carport will be in line with
the front building line of the area and existing house.
o Additionally, as it is an open structure, it will not appear to clutter the side
property line.
o There is vegetation along the east property line creating an extra buffer from the
neighbor.
Notification
Neighbors were notified of the request and no comments have been received.
Recommended Action:
Staff recommends approval of the variance, subject to the following conditions:
1) Conformance with the Planning Commission Staff Report and plans dated August 22,
2016.
2) Approval is subject to a one year Sunset Clause; if progress on the proposal is
not made within one year of City Council approval, the approval is null and void.
Attachments:
• Aerial Photographs
• Photograph
• Plan
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