HomeMy WebLinkAbout2003-08-05 NAC Planning ReportPLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: August 5, 2003
RE: Oak Park Heights — Dvorak Variance: 5898 Olinda Avenue North
FILE NO: 798.07 — 03.01
BACKGROUND
J. Michae and Carolyn Dvorak have requested a variance from rear yard setbacks in
order to construct a 160 square foot (10 feet wide by 16 feet long) attached screen
porch. The Dvoraks will also build a 10 foot by 10 foot deck adjacent to the porch. The
deck would be allowed within the rear yard setback. The house is currently 32 feet from
the rear property line, requiring a variance of eight feet to allow the 10 foot wide porch.
A variance is necessary in that a 30 foot setback is required from rear property lines in
the R-2, Low and Medium Density Residential District.
Attached for reference:
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
ANALYSIS
NORTHWEST ASSOCIATED CONSULTANTS, INC.
5775 Wayzata Boulevard, Suite 555, St. Louis Park, MN 55416
Telphone: 952.595.9636 Facsimile: 952.505.9837 plarmersPnacplarining.com
Site Elevation
Front Elevation
Site Elevation/Foundation Plan
Cross Sections
Floor Plans
West Elevation
Applicant Narrative
Existing Conditions. The applicant is proposing the addition to the west side of the
existing house. The screened porch would be adjacent to the existing dining room of
the house. The rear yard of the lot is relatively fiat and no mature trees would be
affected by the addition.
a. Undue hardship will result if the variance is denied due to the existence of special conditions and
circumstances 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.
The house was originally constructed with a 40 foot front yard setback. The existing
side yard setbacks are 10 feet on the north and 34 feet on the south. The difficulty in
adding to the rear of this structure has resulted from the original placement of the house
10 feet more than the 30 foot setback.
As indicated, the 10 foot by 10 foot deck can be constructed in the rear setback area as
long as it is set back at least five feet from the rear and side yards.
The applicant could construct a screened porch as a freestanding accessory structure.
The building would need to be six feet from the house and have a setback of eight feet
from the rear lot line and five feet from side lot lines.
VARIANCE CRITERIA
Section 401.04.A.5 of the Zoning Ordinance states that a variance from the terms of this
Ordinance shall not be granted unless it can be demonstrated that:
g.
1) Special conditions may include exceptional topographic or water conditions or, in the
case of an existing lot or parcel of record, narrowness, shallowness, insufficient area or
shape of the property.
2) Undue hardship caused by the special conditions and circumstances may not be solely
economic in nature, if a reasonable use of the property exists under the terms of this
Title.
3) Special conditions and circumstances causing undue hardship shall not be a result of lot
size or building location when the lot qualifies as a buildable parcel.
b. Literal interpretation of the provisions of this Ordinance would deprive the applicant of rights
commonly enjoyed by other properties in the same district under the terms of this Ordinance or
deny the applicant the ability to put the property in question to a reasonable use.
c. The special conditions and circumstances causing the undue hardship do not result from the
actions of the applicant
d. Granting the variance requested will not confer on the applicant any special privilege that is
denied by this Ordinance to other lands, structures or buildings in the same district under the
same conditions.
e. The request is not a result of non-conforming lands, structures or buildings in the same district.
f. The request is not a use variance.
The variance requested is the minimum variance necessary to accomplish the intended purpose
of the applicant.
h. The request does not create an inconvenience to neighboring properties and uses.
The preference of the applicant is to have the porch attached to the house adjacent to
the dining room, but other options exist that would allow for at least a three season
room that would be a detached structure. A structure at least six feet from the existing
house that would meet side and rear setbacks would not require a variance.
Staff does not find there to be an undue hardship in this case. There are no special
conditions or circumstances related to topography, vegetation, or other conditions that
would provide justification for a variance. Options would be available to the applicant to
construct a detached accessory porch in the rear yard area. Staff is also concerned
that the extent to which the setback area would be encroached and the precedent that
may be set if the City were to approve variances without adequate justification.
RECOMMENDATION
Staff does not support the variance request and would recommend denial of the
application. If the applicant makes a case for undue hardship and if the Planning
Commission finds that the application meets the criteria for granting a variance, the
Planning Commission may recommend approval subject to comments and conditions of
the Planning Commission and staff.
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Project Narrative
Variance Request
J. Michael & Carolyn L. Dvorak
5898 Olinda Ave. No.
pid #04 029 20 210010
This request is for a variance from the rear setback line of 8.0 feet for the construction of
an attached screen porch and deck. The screen porch will be 10' (wide) x 16' (long) and
the deck 10'x10'.
This will run 26 feet long along the back of the house and extend 10 feet wide into the
yard. The 10 feet wide is the reason for the request due to the narrow (100') lot depth.
We have a 40' setback, and a 28' wide house, which gets us to 68', which is just 2' shy of
the 30' backyard setback; therefore the 8' variance request to construct a 10' wide porch.
The screen porch will be of frame construction attached to the house with attached
rooflines.
EXHIBIT G