HomeMy WebLinkAbout10-05-05 NAC Planning ReportPLANNING REPORT
TO: Eric Johnson
FROM: Scott Richards
DATE: October 5, 2005
RE: Oak Park Heights MacDonald Variance: 5810 Olinda Avenue North
FILE NO: 798.07 05.01
BACKGROUND
Kathleen MacDonald has requested a variance from the rear yard setback at her
property at 5810 Olinda Avenue North. The variance would allow construction of a 128
square foot bathroom addition (16' X 8') to a bedroom of the home. The home is
currently 10 feet from the rear lot line. The bathroom addition would result in a two foot
setback. 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:
ANALYSIS
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4800 Olson Memorial Highway, Suite 202, Golden Valley, MN 55422
Telephone: 763.231.2555 Facsimile: 763.231.2561 planners@Thacplanning.com
Property Location
Aerial Plat
Site Plan
Site Plan
Applicant Correspondence
Building Code Excerpt
ENCLOSURE 2
Existing Conditions. The applicant is proposing the addition on the west side of the
existing home. As it exists, the home encroaches 20 feet on the rear setback
requirement of 30 feet. A property survey was not submitted with this application. The
applicant will need to verify all property lines if the variance is approved. The house is
setback 10 feet from the side lot line in compliance with the R-2 District standards, The
rear yard of the lot is relatively fiat and no mature trees would be affected by the
addition.
A bathroom addition could be made to the bedroom on the south side. A 16 by 19'
courtyard exists adjacent to an existing bathroom and the structure's plumbing. An
addition within this courtyard area would not be within the 30 foot rear yard setback, but
if it does not extend beyond the current rear of the structure, it can be done without a
variance. Additionally, the Building Code would not allow windows on the west side of
the proposed building addition. Window openings of less than three feet from the
property line must have a one hour fire resistance rating.
VARIANCE CRITERIA
Section 401.04A5 of the Zoning Ordinance states that a variance from the terms of this
Ordinance shalt not be granted unless it can be demonstrated that:
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.
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,
0. 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.
g.
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 place the bathroom addition on the west side of the
bedroom. There is a reasonable alternative to this request and that is to construct the
bathroom within the courtyard on the south wall of the bedroom. That addition 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 bathroom on the south side of the bedroom within the courtyard 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. At a minimum, the applicant should be required to
provide a survey of the property to verify lot line and building locations.
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EXHIBIT A
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NORTH
ALE: 1 inch 54 feet
SEA 4TAP -RA'4 INDEX
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NO ADD ?NAL CHANGES HAVE BEEN REPORTED TO DATE
DATE OF PHOTOGRAPHY' Ate, .X7
EXHIBIT B
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LAND RECORDS AS THEY APPEAR IN VARIOUS WASHINGTON COLN
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EXHIBIT C
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EXHIBIT D
SEP -29 2 5 10 :03 OAK PARK HEIGHTS CITY
Oak Fark Heights Planning Commission,
r variance my to build a bathroom on my
am Kathleen MacDonald and 1 am applying f� a a �n replacement two and it is no ion functional for e 1 h
�r�e. lived in rny home f�� 21 years is t� that needs to be stepp aver
the shower_ It is in my small bathroom w
years ���i Is hard to get into a handicap the bathroom off my bedroom_ 1 want to ha a walk In
to ��t t� the shower. years and would like to remain my home, as I b+�� et older, My
shower this new ��rm I am 57 with my other leg. Thank you for your
knee will eventually need to be reply. I am also having trouble w
consideration in this matter.
S
62.4
Steen MacDonald
PLa-e-4.0fk2-e-1<,
P.02/02
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TOTAL P.02
E HIBIT E
R301.2.4 R302.1
kNlm or less, shall be in accordance with Chapters 5, 6 and
S. Buildings in regions with ground snow loads greater than
70 psf (3.35 kNlm shah be designed in accordance with ac-
cepted engineering practice.
R301.2.4 Floodplain construction. Buildings and struc-
tures constructed in flood hazard areas (including A or V
Zones) as established in Table R301.2(1) shall be designed
and constructed in accordance with Section R327.
Exception: Buildings in floodways that are designated
on the Flood Insurance Rate Maps (FIRM) or the Flood
Boundary and Floodway Maps (FBFM) that are pro-
vided by the National Flood Insurance Program shall not
be approved under this section; the provisions of the In-
ternational Building Code shall apply.
R301.3 Dead load. The actual weights of materials and con-
struction shall be used for determining dead load with consid-
eration for the dead load of fixed service equipment.
R301.4 Live load. The minimum uniformly distributed live
load shall be as provided in Table 8301.4.
TABLE R301.4
MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS
(in pounds per square foot)
Attics without storage
Attics with storage
Rooms other than sleeping rooms
Sleeping rooms
Stairs
Guardrails and handrails
For SI: 1 pound per square foot 0.0479 kN/m
1 square inch 645 mm 2 1 pound 4.45 N.
a. Elevated garage floors shall be capable of supporting a 2,000 -pound load
applied over a 20- square -inch area.
b. No storage with roof slope not over 3 units in 12 units.
0. Individual stair treads shall be designed for the uniformly distributed live
load or a 300 -pound concentrated load acting over an area of 4 square
inches, whichever produces the greater stresses.
d. A single concentrated load applied in any direction at any pointaalong th
top.
e. Attics constructed with wood trusses shall be designed in accordance with
Section R802.10.1.
f. See Section R502.2.1 for decks attached to exterior wails.
R301.5 Roof load. Roof shall be designed for the live load in-
dicated in Table R301.5 or the snow load indicated in Table
R301.2(1), whichever is greater.
42
10
20
40
30
40°
200
BUILDING PLANNING
TABLE R301.5
MINIMUM ROOF LIVE LOADS IN POUNDS -FORCE
PER SQUARE FOOT OF HORIZONTAL PROJECTION
ROOF SLOPE
Flat or rise less than 4 inches per foot
(1 :3)
Rise 4 inches per foot (1 :3) to less than
12 inches per foot (1:1)
Rise 12 inches er foot (1:1) and greater
TRIBUTARY LOADED
AREA IN SQUARE FEET
FOR ANY STRUCTURAL
MEMBER
0 to
200
20
16
12
201 to
600
16
14
12
Over
600
12
12
12
For Sl: 1 square foot 0.0929 m
1 pound per square foot 0.0479 kNlm
1 inch per foot 0.0833 mm/m.
R301.6 Deflection. The allowable deflection of any structural
member under the live load listed in Sections 8301.4 and
8301.5 shall not exceed the values in Table R301.6.
TABLE R301.6
ALLOWABLE DEFLECTION OF STRUCTURAL MEMBERS
STRUCTURAL MEMBER
Rafters having slopes greater than 3/12 with no
finished ceiling attached to rafters
All other structural members
Exterior walls with plaster or stucco finish
Exterior walls --wind loadsa with brittle finishes
Exterior walls --wind loadsa with flexible finishes
ALLOWABLE
DEFLECTION
L/180
H/180
L/360
Interior walls and partitions
Floors andplastered ceilings
L /240
H/360
L1240
L/120
NOTE: L span length, H span height.
a. The wind load shall be permitted to be taken as 0.7 times the Component
and Cladding loads for the purpose of the determining deflection limits
herein.
R301.7 Nominal sizes. For the purposes of this code, where di-
mensions of lumber are specified, they shall be deemed to be
nominal dimensions unless specifically designated as actual di-
mensions.
y b
SECTION R302
LOCATION ON LOT
4 0 R302.1 Exterior walls. Exterior walls with a fire se .aration
distance less than 3 feet (914 mm) shall have not less than a
one -hour fire resistive rain; with ex osure from both sides.
Pro ections shall not extend be and the distance determined by
the following two methods, whichever results in the lesser pro-
jections:
A point one third the distance to the property line from an
assumed vertical plane located where protected openings
are required.
EXHIBIT F
2000 INTERNATIONAL RESIDENTIAL CODE®
BUILDING PLANNING
2. More than 12 inches (305 trim) into areas where openings
are prohibited.
Pro' ections extendin into the fire separation distance shall
have not less than one -hour fire- resistive construction on the
underside. The above provisions shall not apply to walls which
are perpendicular to the line used to determine the fire separa-
tion distance.
Exception: Tool and storage sheds, playhouses and similar
structures exempted from permits by Section R105.2 are not
required to provide wall protection based on location on the
lot. Projections beyond the exterior wall shall not extend
over the lot line.
R302.2 0 enin+s. 0 enin: s shall not be ermitted in the exte-
rior wall of a dwelling or accessory building with a fire separa-
tion distance less than 3 feet (914 xntn). This distance shall be
measured perpendicular to the line used to determine the fire
separation distance.
Exceptions:
1. Openings shall be permitted in walls that are perpen-
dicular to the line used to determine the fire separation
distance.
2. Foundation vents installed in compliance with this
code are permitted.
R3023 Penetrations. Penetrations located in the exterior wall
of a dwelling with a fire separation distance less than 3 feet (914
mm) shall be protected in accordance with Section R321.3.
Exception: Penetrations shall be permitted in walls that are
perpendicular to the line used to determine the fire separa-
tion distance.
SECTION R303
LIGHT, VENTILATION AND HEATING
R303.1 Habitable rooms. All habitable rooms shall be pro-
vided with aggregate glazing area of not less than 8 percent of
the floor area of such rooms. Natural ventilation shall be
through windows, doors, louvers or other approved openings to
the outdoor air. Such openings shall be provided with ready ac-
cess or shall otherwise be readily controllable by the building
occupants. The minimum openable area to the outdoors shall
be 4 percent of the floor area being ventilated.
Exceptions:
1. The glazed areas need not be openable where the open-
ing is not required by Section R310 and an approved me-
chanical ventilation system is provided capable of
producing 0.35 air change per hour in the room or a
whole -house mechanical ventilation system is installed
capable of supplying outdoor ventilation air of 15 cubic
feet per minute (cfm) (7.08 L/s) per occupant computed
on the basis of two occupants for the first bedroom and
one occupant for each additional bedroom.
2. The glazed areas need not be provided in rooms where
Exception 1 above is satisfied and artificial light is
provided capable of producing an average illumina-
tion of 6 footcandles (6.46 lux) over the area of the
R302.2 R303.6
room at a height of 30 inches (762 mm) above the
floor level.
R303.2 Adjoining rooms. For the purpose of determining
light and ventilation requirements, any room shall be consid-
ered as a portion of an adjoining room when at least one -half of
the area of the common wall is open and unobstructed and pro-
vides an opening of not less than one -tenth of the floor area of
the interior room but not less than 25 square feet (2.32 m
R303.3 Bathrooms. Bathrooms, water closet compartments
and other similar rooms shall be provided with aggregate glaz-
ing area in windows of not less than 3 square feet (0.279 m
one-half of which must be openable.
Exception: The glazed areas shall not be required where ar-
tificial light and a mechanical ventilation system are pro-
vided. The minimum ventilation rates shall be 50 cfm (23.6
Lls) for inter ventilation or 20 cfm (9.41_,/s) for con-
tinuous ventilation. Ventilation air from the space shall be
exhausted directly to the outside.
R303.4 Stairway illumination. All interior and exterior stair-
ways shall be provided with a means to illuminate the stairs, in-
cluding the landings and treads. Interior stairways shall be
provided with an artificial light source located in the immediate
vicinity of each landing of the stairway. Exterior stairways
shall be provided with an artificial light source located in the
immediate vicinity of the top landing of the stairway. Exterior
stairways providing access to a basement from the outside
grade level shall be provided with an artificial light source lo-
cated in the immediate vicinity of the bottom landing of the
stairway.
Exception: An artificial light source is not required at the
top and bottom landing, provided an artificial light source is
located directly over each stairway section.
R303.4.1 Light activation. The control for activation of the
required interior stairway lighting shall be accessible at the
top and bottom of each stair without traversing any step of
the stair. The illumination of exterior stairs shall be con-
trolled from inside the dwelling unit.
Exception: Lights that are continuously illuminated or
automatically activated.
R303.5 Required glazed openings. Required glazed openings
shall open directly onto a street or public alley, or a yard or
court located on the same lot as the building.
R303.5.1 Roofed porches. Required glazed openings may
face into a roofed porch where the porch abuts a street, yard
or court and the longer side of the porch is at least 65 percent
open and unobstructed and the ceiling height is not less than
7 feet (2134 mm).
R303,6 Required heating. When the winter design tempera-
ture in Table R301.2(1) is below 60 °F (16 °C), every dwelling
unit shall be provided with heating facilities capable of main-
taining a minimum room temperature of 68 °F (20 °C) at a point
3 feet (914 mm) above the floor and 2 feet (610 mm) from exte-
rior walls in all habitable rooms at the design temperature.
2000 INTERNATIONAL RESIDENTIAL CODE® 43