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Home My WebLink About09-24-07 Item 4D, PC07-20 for Variance at 1185 Benton Way Prepared By: Dept.: Council Mtg. Date: Final Action Needed By: Agenda Item:__ 4.D Request for Council Action Budgeted Amount: Actual Amount: .. Funding Source: -"g :: -e1 "est~lSiS ." ".".".".".".". ""."_.".".".,."."._".,.".".".,.."".".".,..,.".,..,..,..,.".,...,....,.....,....".......".,..........".,..,...."...."........._......"_,,_,,_''.''__''._,_.____.___''___.__''.''._.''..._''_..__.__...''_..________.____,_.__,_____________________________~_______~___~~___~__________~~_~__~______ Motion to Approve Planning Case 07-020 for Three Variances at 1185 Benton Way based on the Findings of Fact and the Submitted Plans, as; Amended by the Four Conditions in the September 5, 2007, Planning Case Report. , - of" _fu~l1cr~1[n1ili1<_~rlBlllit~ ~__~_____~~_~__~_~~~~~~_.~_~_~.___"_"_"_"."."."."."__""."."."."..."...."."....._".".."..."....."...............".........."."....,.."."...."....".".......,.,....."",...~...~..~~...,,,..~~..~........,..._""_"___"______'__", Approve Planning Case 07-020 for Three Variances at 1185 Benton Way based on the Findings of Fact and the Submitted Plans, as Amendedi by the Four Conditions in the September 5, 2007, Planning Case Report. ' Planning: PTRC: 9-05-07 Approval X Memo/Letter: September 24,2007, Memo to the City Council Resolution No.: Ordinance No.: ..... .".~,,~ Engineering Recommendation: Attorney Recommendation: X Other: :g:~: ~raft . "0 107-020. None. Wnnn'ffifffifl!)Fl~t'h'lf~()'ffiffi'Efn1S~-&illmiligfug!1 None. ..... ~ ~ = = .... = Q,l ~ lrl 00 """ """ ~ ~ ~ ."ii ~ ~ B:'l ~U~ff HI h1id~~nH ~ ~ &'U.5lnlZ'" Q..:..... !jjJ!', \'\'\'<.110 ~ 0 :i! 0 . .5 " 'C g S '" "0 Iii " " " oS 0 '~i-:g a"O ON ~g~ ....~ 0-< -1l~.. " 0." \ g8~ HI5-- . ~~] -~ ? C~ ~ .g ~~ ..5!o~ ._"'" .... S'"E2! It;,o 8:g~ :.8"0 n21 .- 0 t ~~ S 8'- 8 .~18 ~ c^,2 ~~r- "00 0""0 ."N . . "E~~ ~,.g .if ];~ B.El '" ""d~"E ~ on8 c e e B" " 0 .- " o~<1) ; @ 8 ]~1 .0 >'"t;l~ oliiB L. .0 ~S !5oS ~~8 e~.s 'O~r--. 0"'0 ]@~ ~ Eo~ ~~~ :a~:E! ~!3'^ -; 0:;:1 "" ""a .s,~Q) fj!l'a "g ~ g " 0 .~ 0 ti H&( -116$. #!p g.'~j 8" 0 .~:;~ tl~ i ~B . l! tiSt Q:le8; ~,go ".. ~.sr-: fa <~~ tl "3 on ~ is 0.. ~ ., <l) .i2 tvp tt!l3: j-'IIZ "" \1110' ~ v ~ v; "' u !!3 o on . .. .+ ~ ----A~HILLS MEMORANDUM DATE: September 24, 2007 CC Agenda Item 4.D TO: Mayor & City Council James Lehnhoff, City Plann~ Planning Case #07-020 Variance Edward Bacig 1185 Benton Way FROM: SUBJECT: ReQuest Motion to approve Planning Case 07-020 for three variances at 1185 Benton Way based on the fmdings of fact and the submitted plans, as amended by the four conditions in the September 5, 2007, planning case report. Back!!round The applicant owns a 1,465 square foot dwelling at 1185 Benton Way, which is located south of Harriet Avenue and west of Lexington Avenue in the southeastern part of the City. Of the 1,465 square feet ofliving space in the existing space, 1,045 are on the main floor and 420 square feet of fInished space are in the basement. He is proposing to construct a 691 square foot addition to the dwelling (431 square feet on the main floor and 260 square feet on the upper floor). The house with the proposed addition would have 2,156 square feet. With the proposed addition, the applicant is requesting three variances. Due to the design of the proposed addition, all three conditions are contingent upon each other. The proposed addition would: . Encroach four feet into the southern side yard setback where nine feet would be required; . Increase the lot's structure coverage from 18.2 percent to 25.7 percent where 25 percent is the limit; and, . Reduce the landscaped area on the lot from 65.1 percent to 58.3 percent where 65 percent is the minimum. The existing 514 square feet detached garage would remain unchanged. IIMetro-inet\ardenhillsIPlanningIPlanning Cases\2007\07-020 Bacig Variance (PC Approved) \092407 - CC Report - Badg Variance. doc Page I of3 The applicant has submitted a letter addressing the variance criteria, a site plan of the property, and elevations of the existing and proposed structure (Attachment 3A-l of the report to the Planning Commission). Although the applicant's letter states that the property is in the R-2 Zone, the property is actually in the R - 3 Zone. This typo does not impact the applicant's proposal. There are no previous variance requests on file for this property. The Hunters Park Homeowners Association has reviewed the proposed plans and approved them, as have the immediate neighbors to this property. Findinl!s of Fact Staff offers the following fifteen findings of fact for review: General Findings 1. Although the 8,250 square foot lot was approved as part of the Hunters Park POD, it does not meet the minimum requirements of the R-3 Zone. 2. The existing dwelling meets all property line setbacks. The detached garage encroaches on the front yard and southern side yard setbacks. 3. The proposed addition would reduce the combined side yard setbacks from 17.5 feet to 11.5 feet. The southern side yard setback would be reduced from 11.5 feet to five feet. The northern side yard setback would remain at six feet. A variance is required if the two side setbacks do not equal fifteen feet or more. 4. The proposed addition does not encroach on the rear or front setbacks. 5. The structure coverage is proposed to increase from 18.9 percent to 25.7 percent of the lot. A variance is required to exceed 25 percent structure coverage on the lot. 6. The landscape area would be reduced from 65.1 percent to 58.3 percent of the lot. A variance is required to reduce landscape area below 65 percent. 7. The dwelling with the proposed addition would not exceed the 35 foot height limit. 8. Dwellings are permitted structures within the R-3 Zone. 9. The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. Variance Findings: 10. A dwelling and addition are reasonable uses within the R-3 Zone. 11. This lot is unique because its lot size was substandard for the R-3 when this subdivision was approved by the City. 12. It is unlikely the proposed addition would have a negative impact on the property or the neighborhood. The addition will not reduce the northern side yard setback, and the southern property line is adjacent to common space that is owned by the Hunters Park Homeowner's Association. The nearest dwelling unit to the south of the subj ect property is approximately sixty feet away. 13. The increase lot coverage is unlikely to have a negative impact because of the shared adj acent shared green space to the south of the subj ect property. There is a total of seven acres of Homeowners Association common green space throughout the neighborhood. IlMetro-inet\ardenhillslPlanninglPlanning Cases\2007107-020 Bacig Variance (PC Approved)\092407 - CC Report - Bacig Variance. doc Page 2 of3 14. The proposed plans and setback variance for the dwelling do not appear to be based on economic considerations alone. 15. The applicant has received approval from the Hunters Park Architectural and Environmental Committee for the proposed addition. Recommendation The Planning Commission unanimously recommends approval (7-0) of Planning Case 07-020 for three variances at 1185 Benton Way based on the Findings of Fact and the submitted plans, as amended by the following four conditions in the September 5, 2007, Planning Case Report. 1. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these plans, as determined by the City Planner, shall require review and approval by the Planning Commission. 2. The applicant shall use best management practices (BMPs) to control erosion at all times during construction. 3. The applicant shall obtain approval or a waiver from the Rice Creek Watershed District prior to the issuance of any building permits. 4. The structure shall conform to all other regulations in the City Code. Options 1. Approve the proposal as submitted. 2. Approve the proposal with conditions. 3. Deny the application with reasons for denial. lfthe City denies the petitioners request, "...it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. The findings offact in this planning case report support approval of the variance request. lfthe City Council chooses to deny the variance, findings that deny the variance must be stated for the record prior to voting on the motion. Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on August 14,2007. Pursuant to Minnesota State Statute, the City must act on this request by October 12, 2007 (60 days), unless the City provides the petitioner with written reasons for an additional 60 day review period. The City may with the petitioners' consent extend the review period beyond the 120 days. Attachments 4D-I Draft Planning Commission Meeting Minutes 4D-2 September 5, 2007, Report to the Planning Commission- http://www.ci.arden-hills.mn.us/planningcase \\Metro-inet\ardenhills\Planning\Planning Cases\2007\07-020 Bacig Variance (PC Approved)I092407 - CC Report - Bacig Variance. doc Page 3 on Attachment 4D-1 Planning Commission Meeting Minutes: · September 5, 2007 (draft) September 24, 2007, City Council Meeting ..... u... <3: Q:: C ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 5, 2007 3 A. PLANNING CASE #07-020 - VARIANCE; EDWARD BACIG; 1185 BENTON WAY Mr. Lehnhoff reported that the applicant submitted a request for three variances to construct a 691 square foot addition to the dwelling that encroaches four feet into the southern side yard setback; increases the lot's structure coverage from 18.2 percent to 25.7 percent; and reduces the landscaped area on the lot from 65.1 percent to 58.3 percent. He then provided background information and said staff re,g~~ended approval subject to the following conditions: . . 1. The project shall be completed in accordance with the the conditions of approval. Any significant changes the City Planner, shall require review and approv si111JRitted as amended by ese plafi!j.\;,lls determined by "Planning Eli> is.sion. 2. The applicant shall use best management times during construction. 3. The applicant shall obtain approval or a District prior to the issuance of any building .. 4. The structure shall conform to allof!l~Fte,g1-l1ations ilFihe City Code. Mr. Lehnhoff indicated he received a"Phon.e;call the neighbor south of the property and they are in suppo..rti.ofthJi:;variance a!ndproposal. Chair Sand oPe,8~Q the floor Commission questions. Commissioner Larson homeowner's associatIOn was a PUD. Mr. Lehnh()ff$tated'~at it C~.mmissioner Larson stated that it appears to be one of the large,lHots. Mr. Lehnhof .. te,(! that it is one of the larger lots within the development. 9Bll1missioner Larson inqt(fr'ed about the location of the lot lines. Mr. Lehnhoff demonstrated the location on an aerial photograph. Commissioner Modesette arrived at 6:41 p.m. Mr. Lehnhoffstated that given the unusual nature of being within a PUD, staff made the interpretation that the front of the house is oriented toward the east. Chair Sand inquired about the opinion of the neighbor to the north. Mr. Lehnhoff stated that he has not had contact with them, but as part of the homeowner's association there is a requirement for the immediate neighbors to sign off on it. Commissioner Larson moved, seconded by Commissioner Zimmerman, to recommend approval of Planning Case #07-020, Variance for Edward Bacig, 1185 Benton Way, ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 5, 2007 4 subject to the four conditions as listed in staffs September 5, 2007 report due to the circumstances in this planning case are unique to the property and neighborhood because it is a substandard size lot that was approved by the City and, therefore, appears to have resulted in a substandard size Jot. The motion carried unanimously (7-0). OR This planning case will be reviewed at the Monday, September 24, 2007, City Council meeting. Attachment 4 D - 2 September 5, 2007, Report to the Planning Commission From September 5, 2007 Available online at: hap: Ilwww.cLarden-hills.mn.us September 24, 2007, City Council Meeting