HomeMy WebLinkAbout2000-09-05 NAC Planning ReportNORTHWEST ASSOCIATED CONSULTANTS
I N C COMMUNITY PLANNING - DESIGN - MARKET RESEARCH
PLANNING REPORT
TO: Tom Melena
FROM: Jason Lindahl / Scott Richards
1 it,
A'ATE: September 5, 20(W
M
nop. -ariance
I.-XL--. Oak Park Hei — Mandt Side Yard Setback T
FILE: 798.07 — 00.0"I
The applicants, Terr and Christine Mandt, are re a four-foot side y ard
setback variance to allow the construction of a 192 s foot three-season
room addition to their existin sin famil home. The subject propert is zoned
R-1 , Sin Famil Residential District and located at 1421 Upper 54 Street
North. A variance is necessar in this case because the proposed addition
encroaches four-feet into the re 1 0-foot side y ard setback from the easterl
propert line.
Attached for Reference:
Exhibit A.-
Site Location M@'�;
Exhibit B:
Site Plan
Exhibit C:
Floor Plan
Exhibit D-
Elevations
ANALYSIS
The setback standards for properties in the R-1, Sin Famil Residential
District are outlined in the chart below. As illustrated, the proposed addition fails
to meet the 10-foot side y ard setback standard. As a result, the applicant is
seekin a four-foot side y ard setback variance.
Setback Standards for Properties in the R-1 District
Setback Re Existt P rQ u sed Status As EL o T osed)
Front Yard 30 ft. 45 ft. 45 ft. Unchan
Side Yard 10 ft. 18 ft, 6ft. Chan
LRear Yard L_30 ft. L 120 ft. 120 ft. Unchan
5775 WAYZATA BOULEVARD, SUITE 555 ST. LOUIS PARK, MINNESOTA 554 1 6
PHONE 61 2-595-9636 FAX 612- 595 -9537 E-MAIL NAC�WINTERNET.COM
According to Section 401.04.A.5, a variance from the terms of the city ordinance
shall not be granted unless it can be demonstrated that:
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,
structure or buildings in the same district.
Finding There are no special conditions or circumstances that are
particular to the land, structure, or building that would cause an undue
hardship. Therefore, an undue hardship will not result from the denial of
this variance.
2. Literal interpretation of the provisions of this ordinance would deprive the
applicant 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.
Finding: Literal interpretation of the ordinance will not deprive the
applicants of rights commonly enjoyed by other properties in the R -1
District or deny the applicant the ability to use their property as a single
family home.
3. The special conditions and circumstances causing the undue hardship do
not result from the actions of the applicant.
Finding: since there are no special conditions or circumstances, such as
topography or stands of mature trees, causing an undue hardship in this
case, this provision is not applicable.
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 district under the same conditions.
Finding: Granting this variance request would confer on the applicants
special privileges that are denied by the ordinance to other lands,
structures and buildings in the R -1 [district in that it would lessen the
setback requirement for this property without the existence of an undue
hardship. The applicants may construct the proposed addition on the
north side of their existing home without receiving a variance.
5. The request is not a result of non - conforming lands, structures, or
buildings, in the same district.
wa
Finding: This variance request is net the result of non - conforming lands,
structures, or buildings in the R -1 District.
6. The request is not a use variance.
Finding: The applicant is requesting a four -foot side yard variance, which
is a structural, rather than a use variance.
7. The variance request is the minimum variance necessary to accomplish
the intended purpose of the applicant.
Finding: The request is not the minimum variance necessary in this case
because the applicant could construct the addition on the north (back) side
of the home without receiving a variance.
8. The request does not create an inconvenience to the neighboring
properties and uses.
il
Finding: To date, staff' has not received any comments from neighboring
properties regarding this request.
In summary, the applicants have not demonstrated that their proposal meets the
requirements to grant a variance as set forth in Section 401.04.A.5 of the City
Code. specifically, these findings indicate: that the applicants have reasonable
use of their property; that there are no special circumstances or conditions
affecting the land, structure, or building that are particular to this property; that
the building official has inspected the subject property and found no
topographical or structural issues that would prevent the applicants from
constructing the addition on the back side of their home; and that the applicants
have not demonstrated a hardship.
Na P
Staff recommends denial of a four (4) foot side variance to allow the construction
of a 192 square foot three - season addition on the east side of the existing .single
family home located at 14210 Upper 54 Street North. This recommendation is
based on the findings contained in this report.
pc: Kris Danielson
Terry and Christine Mandt
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