HomeMy WebLinkAbout2003-09-04 NAC Planning MemoNORTHWEST ASSOCIATED CONSULTANTS., INC.
5776 Wa Boulevard, Suite 655, St, Louis Park, MN 65416
Telephone: 952,595,9636 Facsirnile: 952.595.93,31-7 plannersOnacplannin
MEMORANDUM
TO Oak Park Hei Plannin Commission
FROM: Scott Richards
DATE: September 4, 2003
RE: Oak Park Hei — Dvorak Variance: 5898 Olinda Avenue North
FILE NO: 798-07 — 03.01
As per y our re I have researched the zonin histor for the propert at 5898
Olinda Avenue North. The house was constructed in 1957 when this nei was
still a part of Ba Township and under Washin Count re At the time
of construction, the Count did not have zonin re In fact, the
Count first zonin ordinance was not adopted until 1967. Before that time, there
were no setback re
The first Villa of Oak Park Hei Zonin Ordinance was adopted in November of
1964. The area that included the Olinda Avenue nei was zoned residential.
The residential standards of that ordinance specified a minimum lot size of 6,000 s
feet and a front y ard setback of 25 feet. The first Cit of Oak Park Hei Zonin
Ordinance, adopted in March of 1972, zoned the area alon Olinda Avenue as SFU,
Sin Famil Urban. The current sin famil standards which include a minimum lot
size of 10,400 s feet and a front y ard setback of 30 feet were established at that
time. All of the updates to the Zonin Ordinance have continued these base sin
famil standards.
I have also obtained copies of the section maps and aerials that include the subject
properties. The Dvoraks own the properties located at the corner of 59th Street and
Olinda labeled as 0010 and 0047. The house is on lot 0010. If combined, both lots
would be 13,000 s feet which would make the lot conformin in terms of lot size.
The public ri of Olinda Avenue varies in width and is approximatel 30 feet
wide adjacent to the subject property.
The aerial photo indicates that the front yard setbacks of properties on the west side of
olinda vary from 25 feet to 40 feet. Most of the homes on that side of the block were
constructed with a 30 foot front yard setback. The Dvorak house was setback the
greatest distance. Two other homes have 35 foot setbacks.
Based upon this new background information, staff has not changed its original position
that the variance for this property should be denied. Alternatives exist for an addition
onto the house that will meet setback requirements. Additionally, a three season porch
could be added to the property as an accessory building with required setbacks of eight
feet from the rear yard, six feet from the principal structure, and five feet from side lot
lines.
In previous variance cases where there has been no hardship, the Planning
Commission has recommended denial and the City Council has affirmed that decision.
The City should avoid setting a precedence on setback issues that would not be
favorable in all cases. The Dvoraks have a reasonable use of their property. They are
not being denied its reasonable use, especially in light of the fact that the house can be
added onto on the south or east sides and a porch could be constructed as an
accessory structure in the rear yard.
Attached for reference:
Exhibit 1: Section Map
Exhibit 2: Aerial Photo
PC: Eric Johnson
J. Michael and Carolyn Dvorak
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