HomeMy WebLinkAbout1998-10-06 NAC Planning ReportN
INC
PLANNING REPORT
BACKGROUND
Attached for reference:
ANALYSIS
,JRTHWEST ASSOC IAT D CONSULTANTS
COMMUNITY PLANNING - DESIGN MARKET RESEARCH
TO: Tom Melena
FROM: Troy D. Hagen 1 Scott Richards
DATE: 6 October 1998
RE: Oak Park Heights - Keller Garage Variance
FILE NO: 798.02 - 98.06
Mr. Richard Keller is requesting a five (5) foot setback from the west property line in order
to construct a garage addition on Lot 7, Block 1 of Swager Bros. Ninth Addition. The
subject property is located within the R-1: Single Family Residential Zoning District at
14140 Upper 54th Street North. A ten (10) foot setback is required from side yards, which
would be the west and east property lines.
The variance is necessary because of the required ten (10) foot side yard setback from the
west property line. The applicant would like to build an addition onto the existing garage.
The addition would encroach five (5) feet into the setback. The applicant would be unable
to construct to the east due to the front door to the residence being on the east side of the
garage. The only direction the applicant can build would be west toward the property line.
Exhibit A: Site Location
Exhibit B: Site Plan
Exhibit C: Request for submittal by the Building Official
Because the construction of an additional garage onto the existing garage, the applicant
would be encroaching into the ten (10) foot side yard setback, thus requiring a side yard
setback variance. A request for a variance may not be granted unless the following can
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be demonstrated:
1. 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.
a. 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.
b. 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.
c. 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.
In this situation, the special condition would be the inability of the applicant to construct
the addition to the east, due to the location of the front door of the residence. The
possibility of encroaching into the front yard setback (toward the street) will not be
considered by the City.
2. 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 of deny the applicant the ability to put the property in question to
a reasonable use.
If the literal interpretation of the Ordinance were upheld, the applicant would not be able
to construct a usable addition onto the existing garage. A ten (10) foot wide garage (less
width for a door) would prevent the applicant entry into the garage for the storage of
another car or a boat.
3. The special conditions and circumstances causing the undue hardship do not result
from actions of the applicant.
The desire to place the addition on the lot is an action caused by the applicant. However,
the layout of the dwelling is such that the applicant cannot build toward the east (front
door) or rear (existing structure) of the garage.
4. 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
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district under the same conditions.
Dependent upon the circumstances of the neighboring residences, similar allowances may
be granted for such an addition. It would be beneficial to the resident and the City to have
storage for additional cars or a boat. The resident would be able to better protect their
investment and the City would be making it possible for residents to remove items from
open sight, if so desired.
5. The request is not a result of non-conforming lands, structures or buildings in the
same district.
The request is not the result of non-conforming lands, structures or buildings. As the
property exists the lot area and lot width are both net with existing setbacks being met, as
well.
6. The request is not a use variance.
The proposed additions is a permitted accessory use within the R-1 Zoning District,
therefore, the proposal is not a use variance.
7. The variance requested is the minimum variance necessary to accomplish the
intended purpose of the applicant.
The variance requested is the minimum variance necessary to accomplish the proposed
location of the garage addition. In fact, in order to lessen the amount of variance, the
applicant reduced the distance of the front yard setback so as to meet the required
minimum front yard setback of thirty (30) feet.
8. The request does not create an inconvenience to neighboring properties and uses.
The proposed construction of the garage addition to encroach five (5) feet into a required
side setback should not create an inconvenience of the neighborhood.
RECOMMENDATION
Based on the information contained herein, our office recommends that the Planning
Commission make the following motions:
1. Because the proposed variance meets all of the variance criteria established by the
City's Zoning Ordinance, the Planning Commission recommends and the City
Council hereby approves the proposed five (5) foot side yard setback variance.
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2. All provisions stated in the Building Official's letter requesting additional information
(Exhibit C) be complied with by the applicant.
cc: Richard Keller
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EXHIBIT A
11. Whenever possible, the impact of physical barriers is to be reduced to increase
relationships between segregated areas and reinforce continuity and a sense of
community.
12. Combine and integrate varying types of land use when compatible and
complementary and when increased efficiency and land utilization can be achieved
using tools such as planned unit development.
13. Renewal, replacement and redevelopment of substandard and incompatible
development is to be accomplished through public action and private means.
14. High intensity commercial and service centers are to be supported by high density
and medium density housing in close proximity.
15. Discourage `leap frog" urban development in Oak Park Heights by requiring all new
development to be contiguous to existing City services and development.
16. Discourage new development of any kind which does not have direct property
access onto a paved roadway and onto roadways which are not capable of
accommodating the associated traffic increases due to factors such as construction,
alignment, orientation, surfacing, width, site lines, state of repair or joint jurisdiction.
17. When new or expected development meets or exceeds agreed thresholds, initiate
impact studies or cost analysis for public service improvements such as utility
extensions or upgrading, fire and police protection, waste water treatment
allocations, roadway network connections /improvements, recreation system
elements, and schools.
Land Use Compatibility
LAND USE GOALS /POL1CIES
1. Once established, geographic land use designations and related zoning
classifications shall be changed only when it can be demonstrated that such
modifications are in the best interest of the community on a long range perspective
and such changes will maintain land use compatibility and pre-determined goals
and policies of the Comprehensive Plan.
2. Transitions between distinctly differing types of land uses shall be accomplished in
an orderly fashion which does not create a negative (economic, social or physical)
impact on adjoining properties.
OAK PARK HEIGHTS COMPREHENSIVE PLAN UPDATE
POLICY PLAN
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EXHIBIT B
CITY oF
OAK PARK HEIGHTS
14168 N. 57th Street •Box 2007 - Oak Park Heights, MN 55082 Phone: (612) 439 -4439 • FAX 439-0574
October 2, 1998
Mr. & Mrs. Richard Keller
14140 Upper54th St. N.
Oak Park Heights, MN 55082
Re: Proposed Garage Addition
Dear Mr. & Mrs. Keller:
I have reviewed your plan for a garage addition and request that you submit a more detailed plan of the
addition. May I suggest enclosing your Certificate of Survey and adding the following information:
1. The width of the addition;
2. The length of the addition;
3. The square footage of the addition;
4. The square footage of the existing garage;
5. The total square feet of both;
6. The distance to the front property line from the addition; and
7. The distance to the side lot line from the addition.
In reference to your present drawing, you showed the garage addition extending to the front property
setbacks. Please be advised that the City will not allow encroachment of the front setbacks. May I suggest
a two -foot (2') setback from the front of the existing.
I also need a drawing of the addition, showing a minimum of front to side elevations with the required
dimension. This can usually be obtained from your building material supplier.
Per your request, a Public Hearing has been scheduled for October 15, 1998 at 7:00 p.m., to consider a
variance for a five -foot side yard setback. Should you have any questions, please call me.
Sincerely,
Jim Butler,
Building Official
JB:jah
Tree City U.S.A.
EXHIBIT C