HomeMy WebLinkAbout2003-09-04 Planner Memorandum to Planning Commission • •
NAC NORTHWEST ASSOCIATED CONSULTANTS, INC.
5775 Wayzata Boulevard, Suite 555, St, Louis Park, MN 55416
Telephone: 952.595.9636 Facsimile: 952.595.9837 pianners(nacplanning.com
MEMORANDUM
TO: Oak Park Heights Planning Commission
FROM: Scott Richards
DATE: September 4, 2003
RE: Oak Park Heights — Dvorak Variance: 5898 Olinda Avenue North
FILE NO: 798.07 — 03.01
As per your request, I have researched the zoning history for the property at 5898
Olinda Avenue North. The house was constructed in 1957 when this neighborhood was
still a part of Baytown Township and under Washington County regulations. At the time
of construction, the County/Township did not have zoning regulations. In fact, the
County's first zoning ordinance was not adopted until 1967. Before that time, there
were no setback requirements.
The first Village of Oak Park Heights Zoning Ordinance was adopted in November of
1964. The area that included the Olinda Avenue neighborhood was zoned residential.
The residential standards of that ordinance specified a minimum lot size of 6,000 square
feet and a front yard setback of 25 feet. The first City of Oak Park Heights Zoning
Ordinance, adopted in March of 1972, zoned the area along Olinda Avenue as SFU,
Single Family Urban. The current single family standards which include a minimum lot
size of 10,400 square feet and a front yard setback of 30 feet were established at that
time. All of the updates to the Zoning Ordinance have continued these base single
family standards.
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 59 Street and
Olinda labeled as 0010 and 0047. The house is on lot 0010. If combined, both lots
would be 13,000 square feet which would make the lot conforming in terms of lot size.
The public right -of -way of Olinda Avenue varies in width and is approximately 30 feet
wide adjacent to the subject property.
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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 Tight 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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