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HomeMy WebLinkAbout1997 Variance - Front & Side Yard Setbacks Page 3 - City Cou. .1 Minutes 09/09/97 Councilmember Beaudet said that the minutes should be amended to read, "Councilmember Beaudet expressed concern that the money allocated for the feasibility study of the North outlet of Prison Pond has been spent and that Oak Park Heights has overpaid. Council then directed Deputy Clerk /Finance Director Holst to report back to the Council how much the Watershed Management Organization has spent on this project." • Councilmember Turnquist, seconded by Swenson, moved to approve the minutes with changes. Carried 5 -0. Public Hearings: Request for Variance from the Front and Side Yard Setback to Construct a Garage and Addition - Sandra Boettcher - 5857 Olinda "A Avenue North - Mayor Schaaf opened the Public Hearing at 7:30. Ms. Boettcher was present to answer any questions. She said the plans include converting the existing garage into a family room, constructing two additional bedrooms, and constructing a two -car garage. She said she needed the variance because there is no other place on her property where a two -car garage would fit. Ms. Boettcher then said that they designed the garage to be deeper rather than wider to provide storage space and for aesthetic reasons. They cannot move the garage further back because there is an old septic in the backyard and because then the garage would interfere with the existing addition off the back of the house. Byron Nelson of 5308 Olene Avenue came before the Council to support Ms. Boettcher's request. He said that it would improve the look of the neighborhood and that he was in favor of the variance Councilmember Swenson, seconded by Turnquist, moved to close the 4 Public Hearing at 7:36. Councilmember Turnquist, seconded by Swenson, moved to grant the variance on the hardship of a shallow lot and not having enough room to park their cars. Carried 5 -0. Resolution 97 -09 -33 - Proposed Construction of Public Improvements - Brackey West Addition - Mayor Schaaf opened the Public Hearing at 7:38. Administrator Robertson read the notice and reported that he had not received any oral or written objections to the proposed construction. He then read Resolution 97- 09 -33, Ordering the Improvements and Approving the Final Plans and Specifications on the Brackey West /Stillwater Ford Utility Improvements of 1997. Councilmember Turnquist, seconded by Swenson, moved to close the Public Hearing at 7:40. Carried 5 -0. Councilmember Swenson, seconded by Turnquist, moved to approve Resolution 97- 09 -33. Carried 5 -0. Continuation of Public Hearing - Proposed Zoning Ordinance Amendment - Mayor Schaaf opened the Continuation of the Public Hearing at 7:41. City Planner Richards clarified the changes requested by Council at the last meeting. 1. The exemption of government buildings from light pollution requirements if they need it for security Enclosure 6 • 4 MEMO Date: September 4, 1997 To: Mayor & Council From: Mike Robertson, City Administrator Re: Variance Requests from Sandy Boettcher, 5857 Olinda Avenue North Sandy Boettcher is requesting a variance of 7 feet from the side yard setback and 2 feet from the front yard setback in order to install a garage and an addition on to her house. Boettcher's property is located within a R -2, Single Family Residential District, which requires a 30 foot front yard setback and a 10 foot side yard setback. I have attached a copy of Ms. Boettcher's letter which states the reasons why she is requesting a variance. The letter states that Boettcher wishes to add a 2 -car garage addition to her home. As part of the addition she is converting the existing 1 -car garage into a family room as well as adding a partial second story over the existing house. I have included her list of neighbors who have by their signatures indicated no objection to Ms. Boettcher's plans. I have also attached a copy of Ms. Boettcher's drawing of her lot and proposed addition, which shows that it would be 33 feet between the side of her addition and her neighbor's garage. If Council will recall that Ms. Boettcher's partner, Rick Wells, was before the Council in December, 1996 to discuss a parking ticket he had received for parking a car on the street because the household had four cars and only a one car garage. Mr. Wells discussed his difficulties in adding additional parking to his site at that time. Analysis: According to the City Zoning Ordinance, a request for variance cannot be granted unless the following can 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 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 the result of lot size or building location when the lot qualifies as a buildable parcel. The Boettcher's lot is 80 feet wide, which is fairly average for Oak Park Heights. However, the lot is only 90 feet deep, which is fairly shallow. The shallow depth of the lot and the current "L" shaped design of the house does not leave enough room to put a two car garage in back of the house. 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 or deny the applicant the ability to put the property in question to a reasonable use. Ms. Boettcher already enjoys a one car garage and reasonable use of the property. 3. The special conditions and circumstances causing the undue hardship do not result from the actions of the applicant. The special conditions result from the size of the lot and not from the actions of the applicant. 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. Granting the variance will confer the privilege of constructing a two car garage. The same conditions (adjoining house being 33 feet away) probably do not exist for many lots in the Boettcher's neighborhood. 5. The request is not a result of non - conforming lands, structures, or buildings in the same district. The request is not a result of non - conforming lands, structures, or buildings in the same district. As the property and house currently exist all setback requirements are met. 6. The request is not a use variance. The proposed garage is a permitted use in the R -2 Zoning District and therefore the request is not a use variance. 7. The variance requested is the minimum variance necessary to accomplish the intended purpose of the applicant. The variance is requested is the minimum necessary to build a two car garage. 8. The request does not create an inconvenience to neighborhood properties and use. The proposed garage should not create an inconvenience in Ms. Boettcher's neighborhood. Recommendation: I recommend the variance be approved due to the hardship caused because the shallowness of the lot does not allow enough room to construct a two car garage. Current City ordinances require that enough room be left on a lot for the construction of a two car garage. In addition, Council should be aware that this neighborhood will probably experience similar requests for expansion in the future. Ms. Boettcher told me that she looked to purchase a larger home nearby but could not find any that were affordable to her. She said that it was more affordable to remodel her present home than to purchase another. A Motion to approve would be: "I move that the variance be approved due to the hardship of a shallow lot not allowing enough room for a two car garage. a"\ /—\ CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING REQUEST FOR VARIANCE The City of Oak Park Heights will hold a Public Hearing on Tuesday, September 9, 1997 at 7:30 P.M. at Oak Park Heights City Hall at 14168 North 57th Street to discuss a request by Sandy Boettcher of 5857 Olinda Avenue North for a Variance from Zoning Ordinance requirements. The requested Variance is for two feet from the required 30 foot front yard setback and seven feet from the required 10 foot side yard setback in order to construct a garage and an addition to the house. All who wish to comment are asked to attend and be heard. Date: August 25, 1997 BY ORDER OF THE CITY COUNCIL / Michael Robertson City Administrator 9 129 — i (o ma.L9 e d Q_ I po tic / d— Page 2 - City Council Minutes 08/12/97 Water Management Organizations - Councilmember Beaudet reported that the Middle St. Croix WMO will meet September 24 at 7:00 p.m. at Bayport City Hall. Recycling Award - Administrator Robertson reported that the recipient of a $25.00 check from the City of Oak Park Heights for participating in its recycling program is Sally Knutson of 14315 56th Street North. Oak Park Heights Business Group - The next meeting will be on September 10, 1997. Bridge Report - Nothing to report. Consent Agenda: 1. Approve Bills and Investments . Approve Council Meeting Minutes - July 22, 1997 Set Public Hearing for August 26, 1997 - Request for a riance from the side and front yard setback to construct a garage - Sandra Boettcher, 5857 Olinda Avenue North. 4. Resolution 97 -08 -29 - A Resolution Authorizing Application for a Metropolitan Council Planning Assistance Grant 5. Police Equipment Grant Request Councilmember Beaudet requested pulling the July 22, 1997 minutes off the agenda. Councilmember Turnquist, seconded by Swenson, moved to approve the Consent Agenda as amended. Carried 5 -0. Councilmember Beaudet noted that the price of the Procolor bill was $1,508.69. He also requested the minutes be amended to read, "Councilmember Beaudet said that he thought he would be reimbursed by the City's lobbyist on the proposed bridge because the photos were used on behalf of the City as part of a presentation on the bridge." Councilmember Turnquist, seconded by Robert, moved to approve the minutes with changes. Carried 5 -0. Public Hearings: Request for a Variance - Construct a Screen Porch on an Existing Deck - Pamela Sanderson - 14010 54th Street - Mayor Schaaf opened the hearing at 7:31. With no one wishing to speak on the proposed variance, Councilmember Turnquist, seconded by Swenson, moved to close the public hearing at 7:32. Carried 5 -0. Councilmember Swenson, seconded by Robert, moved to approve the variance. Carried 4 -1, Councilmember Beaudet opposed. *66 A � 6 A y g 11U Enclosure 6B MCK APPROPRIATE BOX: (J FEE: ( ) Amendment ( ) Rezoning: $400.00 + 400.00 Escrow ( ) Comprehensive Plan Amendment: 350.00 + 350.00 Escrow ( ) Conditional Use Permit: 300.00 + 300.00 Escrow ( X) V iance (t ) Single Family: 150.00 Other Residential, Commercial & Industrial 300.00 + 300.00 Escrow ( ) List Reason For Hardship ( ) Subdivision: 350.00 + 350.00 Escrow ( ) Minor Subdivision (See Section 1.G., Sub. Ord.): 300.00 + 150.00 Escrow ( ) Planned Unit Development: ( ) Concept Plan 700.00 + 1,000. Escrow ( ) General Plan 700.00 + 1,000. Escrow ( ) Street Vacation: 100.00 + 100.00 Escrow Legal Description of Property: Address: 1857 E)hnA4 Aw. N' Oak I'lc , _ Lot(s) 1 Block(s) Addition(s) (If metes and bounds - at ach description) Desc iption of ' equest: c � e Applicant Name: a r.._ her Phone: 1 13' -08R Address: 4 g4'7 cob in rta AV . iJ . City: ''ak 're-k VW State: /AIL Zip: ,.%nt ?, Owner (If other than applicant): Name: Phone: Address: City: State: Zip: In signing this application, I hereby acknowledge that I have read and fully understand the applicable provisions of the Zoning and Subdivision Ordinances and current administrative procedures. I further acknowledge the fee explanation as outlined in the application procedures and hereby agree to pay all statements received pertaining to additional application expenses. iv a. t 8-5 Applicant's Signature Date YOUR REQUEST WILL NOT BE SCHEDULED FOR PUBLIC HEARING OR CONSIDERATION BY CITY ADVISORY BODIES UNTIL ALL REQUIRED INFORMATION HAS BEEN REVIEWED AND FOUND TO BE ADEQUATE BY CITY STAFF . • ■•*"•■ jtAlLt a vo.4\ c,Dots\-t 0\-Ack-Tt o e \ 9 kot ykt t9- 0v fiAL SO tA- 1,04 O bu-r 'A..Oro, (+0 acc Ohe\DCLect ° u c . 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