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HomeMy WebLinkAboutIX-04 and 04(a-c) Matthew and Sandra Heiman - Home and Garage Addition (502 6th Street E) City Council Memorandum To: Mayor Fasbender & City Councilmembers From: Justin Fortney, City Planner Date: March 7, 2022 Item: Hold Public Hearing– Vacation of Easement and OHDS Review – Heiman – 502 6th Street E Council Action Requested: Hold a public hearing to consider vacating portions of a drainage and utility easement and OHDS review of a house addition and detached garage. A simple majority is necessary for the requested actions. Background Information: History - Mathew Heiman, owner of 502 East 6th Street received approval for vacation of the unused alleyway to allow construction of a garage in 2020. He had proposed to construct the garage up to the extent of the vacated alleyway. The vacation created a drainage and utility easement over the vacated alley to protect the existing utilities. The applicant is now proposing to locate the garage partially within the vacated alleyway that is encumbered by the easement. He believes all the utilities are concentrated outside of his proposed garage location. This would allow the partial vacation of the easement. The applicant states there is a private telephone and cable line extending across the alley into his property in addition to a gas line running from the east and ending in the vacated alley behind his property. There are also aerial power lines going through the area. All the utility companies and area property owners have been contacted regarding the proposed vacation and none have responded. OHDS Review The OHDS (Original Hastings Design Standards) were created to 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. The district is located as shown on the map. IX-04 and 04(a-c) The review requirements apply to projects over 10% value of the existing structure and that have a visual affect on the streetscape. The HPC (Heritage Preservation Commission) reviews OHDS projects and makes a recommendation to the City Council. The applicants propose to demolish a small detached garage and add a kitchen and garage addition to the home, along with a detached garage. The detached garage will include a home office. The home office is not related to a home occupation. Recommendation – Approval of the vacation is recommended, unless any utility company believes the remaining easement would not address their utility infrastructure. Financial Impact: N\A Advisory Commission Discussion: The HPC reviewed the OHDS proposal at their February 15th meeting and unanimously recommended approval. Council Committee Discussion: N\A Attachments: • Resolution for easement vacation • Resolution for OHDS approval • HPC staff report – February 15, 2022 • Utility site plan provided by the applicant IX-04 and 04(a-c) HASTINGS CITY COUNCIL RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED UPON BLOCK 134 TOWN OF HASTINGS BLKS 100 THRU 199 ADDITION Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, On October 5, 2020 the City of Hastings vacated the western 100-feet of the alley within Block 134, TOWN OF HASTINGS BLKS 100 THRU 199 ADDITION, Dakota County, Minnesota; and WHEREAS, a drainage and utility easement was recorded upon said vacated alley; and WHEREAS, Matthew and Sandra Heiman of 502 6th Street East, have petitioned to vacate a portion of said drainage and utility easement legally described as follows: The drainage and utility easement established upon the western 100 feet of the alley within Block 134, TOWN OF HASTINGS BLKS 100 THRU 199 ADDITION, Dakota County, Minnesota; except that portion located directly five feet north and five feet south of the centerline of said vacated alley WHEREAS, on March 7, 2022, a public hearing on the proposed partial vacation was held before the City Council of the City of Hastings at the request of Matthew and Sandra Heiman, which was preceded by proper notice, as required by state law, city charter, and city ordinance; and WHEREAS, The City of Hastings in all respects proceeded with the vacation hearing as required by the city charter, ordinances, and applicable statues; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the request to vacate said easement as legally described above is hereby approved subject to the following conditions: IX-04 and 04(a-c) 1. Applicant shall provide documentation from all utility companies presently operating within the existing drainage and utility easement accepting the proposed vacation of easement. 2. The vacation of easement shall not become effective until recorded with Dakota County. 3. If buried utilities serving multiple parcels are found to exist outside the newly established drainage and utility easement on the applicant’s property, the applicant must make every effort to grant a private utility easement to the affected utility owner. Council member ______________________ moved a second to this resolution and upon being put to a vote it was adopted by all Council Members present. Adopted by the Hastings City Council on March 7, 2022, by the following vote: Ayes: Nays: Absent: ATTEST: __________________________ Mary Fasbender, Mayor ________________________________ Kelly Murtaugh City Clerk 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 7th day of March, 2022, as disclosed by the records of the City of Hastings on file and of record in the office. ________________________________ Kelly Murtaugh City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. E. Hastings, MN 55033 IX-04 and 04(a-c) HASTINGS CITY COUNCIL RESOLUTION NO. _________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS APPROVING THE ORIGINAL HASTINGS DESIGN STANDARDS REVIEW FOR A HOME ADDITION AND DETACHED GARAGE Council member ___________________________ introduced the following Resolution and moved its adoption: WHEREAS, Matthew and Sandra Heiman petitioned for Original Hastings Design Standards (OHDS) approval to construct a new home at 502 6th Street East, legally described as Lot 4, Block 134, TOWN OF HASTINGS BLKS 100 THRU 199, Dakota County, Minnesota; and WHEREAS, on February 15, 2020 the Heritage Preservation Commission reviewed the application and forwarded to the City Council a recommendation for approval; and WHEREAS, The City Council has reviewed the request and concurs with the recommendation of the Heritage Preservation Commission. 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 hereby approves the OHDS review as presented subject to the following conditions: 1) Conformance with the plans submitted with the City Council Staff Report dated March 7, 2022. 2) The project must adhere to minimum zoning requirements and receive a building permit. 3) The subject drainage and utility easement must either be vacated in the location of the proposed encroachment or the building must be moved from the encroachment. 4) Approval is subject to an 18-month Sunset Clause; work must begin within 18- months of City Council approval or approval is null and void. IX-04 and 04(a-c) Council member _____________________ moved a second to this resolution, and upon being put to a vote it was adopted by all Council members present. Adopted by the Hastings City Council on March 7, 2022, by the following vote: Ayes: Nays: Absent: ______________________________ Mary Fasbender, Mayor ATTEST: ______________________________ Kelly Murtaugh, City Clerk 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 7th day of March 2022, as disclosed by the records of the City of Hastings on file and of record in the office. ______________________________ Kelly Murtaugh , City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 IX-04 and 04(a-c) To: Heritage Preservation Commission From: Justin Fortney, City Planner Date: February 15, 2022 Item: OHDS Review for House Addition and Detached Garage – 502 6th St E – Matt and Sandra Heiman HPC ACTION REQUESTED: Review the proposed plans and provide a recommendation to the City Council. BACKGROUND Existing Condition OHDS Intent The purpose of the OHDS area is to 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 regulations to guide property development and rehabilitation consistent with the unique historic character of the neighborhood. The intent is to preserve that streetscape’s character rather than the actual historical fabric that historical designation is intended to protect. The full set of guidelines may be found in the zoning code: R-2 Original Hastings design Standards Site Layout The applicants propose to remove a small detached garage and replace it with an attached kitchen addition and modest garage. The addition and garage are proposed on the back of the house with a west facing garage door. It will access the same driveway that accesses 6th Street E. HPC Memorandum IX-04 and 04(a-c) The applicants are also proposing a new 700 Sf detached garage in the rear of the property facing north to access the existing driveway. The garage is an oversized one car with a small office. The addition and detached garage will be no higher than the existing peak of the home. The proposals will match the architecture and some of the existing roof angles of the home. Setbacks Minimum Proposed North (Front) 6th St E 20’ (or inline with neighbors, but no less than 10’ N/A East 7’ N/A West 10’ 10’ South (Garage) 5’ 5’ 3” but Easement Encroachment The proposed detached garage is partially within the vacated alley, which as a condition of vacation, is now a drainage and utility easement. Accessory structures are not allowed within an easement. Some positioning adjustment will be necessary. Vehicular Access and Circulation The OHDS regulations require new detached garages to access developed alleys. There is not a developed alley and this portion of the platted alley was vacated. Developing an alley in this area would be complicated due to the existing RR tracks. Design Review The current OHDS Guidelines include many requirements based on the immediate neighborhood average. Designing a house by averaging the type and number of neighboring features is near an impossible task and certainly would not guarantee a good design. The proposal was designed well to match the existing house. Having a small attached and a detached garage keep the building scale lower and is a more traditional appearance of a detached structure/ carriage house. Scale The homes in the area are a mix of one- and two-story homes. There are a mix of very small and large homes. The home to the west is a large two-story home with an enormous detached garage/ the home to the south is a modern home with a large garage attached to the front. IX-04 and 04(a-c) The scale of the existing home is similar to the neighborhood average. It is very old, but has had many changes over the years. Recommendation Staff recommends approval with the following conditions, based on the design being of a similar scale and layout of the subject and surrounding properties. The design and scale would not cause a distraction from the appearance or character of the streetscape. Since the phases of the plan are documented to 2023, the approval should condition an 18-month approval rather than the typical 12-month to allow for permitting and completion without the need for reauthorization. 1. Approval is subject to an 18-month Sunset Clause; building permit must be obtained and work begun within 18-months of City Council approval or approval is null and void. 2. Placement of the detached garage must not be within any easements. Attachments - Location Map - Certified Survey - Plans - Area Photos LOCATION MAP IX-04 and 04(a-c) Existing Proposed IX-04 and 04(a-c) IX-04 and 04(a-c) IX-04 and 04(a-c) 505 7th st E Behind subject home 420 6th St E west of home IX-04 and 04(a-c) East of Home – 508 & 510 6th St E North of Home – 509 6th St E IX-04 and 04(a-c) Vacated alley IX-04 and 04(a-c)