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Home My WebLink About1989-10-04 Planning Report . i • FA:,w Northwest Associated Consultants, Inc. C U R B A N P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H C �py PLANNING REPORT TO: Oak Park Heights Mayor and City Council FROM: Kris Aaker /Curtis Gutoske DATE: 4 October 1989 RE: Oak Park Heights -- Condon Variance Request for 14405 55th Street FILE NO: 798.02 - 89.23 BACKGROUND Frank and Mary Condon are requesting a variance to construct a 20 x 12 foot storage shed to be located on the southeast corner of their residential lot at 14405 55th Street in Oak Park Heights. Please refer to Exhibit A - Site Detail. The variance is being requested to allow a storage shed larger than the 150 square fctot maximum per the Ordinance. EXECUTIVE SUMMARY Based on the possibility of setting a questionable precedent, our office recommends the denial of the Condon variance request allow a 240 square foot storage shed at 14405 55th Street. Thii.- recommendation is based on the following findings: 1. There exists a lack of demonstrated physical hardship specific and unique to the parcel. 2, The variance is against the intent of the new Accessory Buildings, Uses, and Equipment ordinance which is to discourage and prohibit large accessory buildings upon single family lots when already accompanied by a garage. [1 the. City Council would like to accommodate the applicants' request., we would recommend the City amend its Ordinance allowing exceptions in accessory building area by conditional use permit.. The applicants' request could then be processed as a CUP rather than a variance and the City would eliminate the risk of settlrcg a. .questionable precedent. 4601 Excelsior Blvd. • Suite 410 • Minneapolis, MN 55416 • (612) 925 -9420 • Fax 925 -2721 • • ISSUES AND ANALYSIS The proposed storage shed is to be of wood construction, with 2" X 16" studs at 16" on center with a concrete floor and apron and with an eight foot wide garage door providing entrance. The building is specified to have one or two windows with a shingled roof. Mr. Condon has stated that he would locate the building in the southeast corner of his lot within the required setback area. Setbacks. The minimum setback requirements for an accessory building are as follows: Zoning District Front Yard Side Yard Rear Yard R -1 Accessory buildings 5 feet 8 feet must be located in the rear of a yard Although no site plan was submitted for project location measurements, the application would be required to locate the shed within these setback parameters. Accessory Building Requirements. The size of the accessory building is based on attached garage floor area measurements. For the Condon residence, an accessory building cannot exceed 150 square feet based on the size of their attached double garage assumed to be over 300 square feet. The Condons are requesting a variance to allow an additional 90 square feet of shed floor area. Use. The Ordinance states that a property owner may have one (1) private detached or attached garage per residence. Additional accessory buildings are subordinate buildings which are reasonable, necessary and incidental to the conduct of the primary building. The Ordinance does not allow a second garage on a residence and as such, the applicant will not be allowed to store private passenger vehicles or be allowed driveway access to the storage facility. Variance Request. The City Council may approve a variance where it is found the variance will not: 1. Impair an adequate supply of light and air to the adjacent property. 2. Unreasonably increase the congestion of the public street. 3. Increase the danger of fire or endanger public safety. 4. Unreasonably diminish or impair established property values within the neighborhood or in any other way be contrary to the intent of the Ordinance. • • In review of the variance criteria, the proposed variance has been found to satisfy all four provisions. However, in addition to the previous criteria, the variance must also be a non - economic hardship resulting in the reasonable use of the property. For purposes of variance justification, a hardship is defined as a situation whereby some reason on narrowness, shallowness, or shape of a parcel of land or lot, the strict application of the Ordinance would result in exceptional and unique difficulties when utilizing the parcel or lot in a manner customary and legally permissible. The accessory building variance is being requested by the applicant because of an increase in family size. Mr. Condon stated on his application that: "The reason for the change is because I recently got married so my family size has doubled to six." Technically, this is not a non - economic hardship unique to the parcel and does not satisfy the complete variance criteria. Conditional Use Permit. In November of 1988, the City Council approved the final draft of the Zoning Ordinance amendment pertaining to accessory buildings. The Council requested that the amendment eliminate conditional use language, therefore eliminating a procedure to allow larger accessory buildings. The Council had taken deliberate action to decrease the possibility of requests for larger accessory buildings. The amended Ordinance reflects the Council's intent on this issue. During its final draft stage, the sentence "except by conditional use permit pursuant to Section 401.16 of the Ordinance" was removed from the language of the amendment. If it is the intent of the Council at this time to allow for such procedures, the Ordinance should again be amended to reinstate the conditional use language. cc: LaVonne Wilson Lyle Eckberg Mark Vierling Frank Leier Frank and Mary Condon v. • . 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