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Home My WebLink About09-24-07 Item 4E, PC07-21 Variance at 1907 County Road D Request for Council Action Prepared By: Dept.: Council Mtg. Date: Final Action Needed By: James Lehnhoff --CommunHy'"[)"evef ment 9-24-07 10-13-07 Agenda Budgeted Ammillt:"- Actual Amount: Funding Source: 4.E r~" "'Ijljl;lll'''HiIl\''''''':!ifu1""~='=1 Motion~fp7,~:~;;~~~g ca~:if7--=-021-for-a-Vari~mce at 1907 CountY Roa-crifbasecron the Findings of Fact and--Hie Submitted Plans 35 Amended by the Four Conditions in the September 5, 2007, Planning Case Report. .. " "'ltl_li~!JiI!!lik~~1L"""""__"_____""""""""""""""______""""""""""""""""""""""""""""""""""""""""""""" """""""""""""""""" """"""""""""""" Approve Planning Case 07-021 for a Variance at 1907 County Road 0 based on the Findings of Fact and the Submitted Plans as Amended by! the Four Conditions in the September 5, 2007, Planning Case Report. Planning: 9-05"07 Approval PTRC: "~=~~1lf$1ill~~~!js;pt~;;;b~;24;2iiii7,M~;;;~t~;h;;cilyc;;~~~;1 """""""""""""""" """"""""" """"""""" """ "" "----- ,,"" .rR~~~]~t!9~~~?~..~ ""~~:"~.~"-~"-~~~~_~~=~~~~~:~~~_~" :_:_:_-_:~..:~~~-.:.:~.:."~- "~:":~"~"~_=_~~~~~~~~~~~~~~~~_________ . ." _ _________________________________ Ordinance No.: Engineering Recommendation: 1_____.__ ~t!~r_~.:y_..~:.??~_~~_~~~!~?~_:____ X Other: :_________"___________n___..__._._____......................................."......."_"- -4:e=1":.-braft"'Pl"a,l'ili'ng"-Commiss-io-n--iTiln'l,tes--- . 4,E-~:PlanniI19c:;"a"s~"Il~pgrtQT:Q~1, None. None. ~f~--rr .,=trff~Q ';"""-"~' -''iM~fm ~ ~ ~ ~~~ ~<pi tm, ,. ~ . ~ W ~'9~ ~B~t~ H~ II i!,~ ",:!i'f .!: i\'z HUHHiU lI!J:~ \'\'\'<:.11II0 ~~:m:: . 'fi . ~ ~ --- 'f;1.' " <> 0' .. ~ ~ ~ <l.l .. -< ~ / ~, #' ~" '_~!i ,.., -J~_ 1_llo'W ,... I I ,~- "'" .... 191:1 tlll~ ~$ U2fL 1!l21 -_1m!' "" "'" "" ,~. I ~ """ f?:~ 1&1':1 ... ~~t !@ ~; ,... 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" I , ~ I :$ n g " I ~ " -'$ ;;:- / -~ .~ \ " " oS o :;;: ~ - .3 J ] " - " ] ~ _ " l5 cS .~ :>,\0 e~~ ,s<ll- .$ ~] ~.~< :s p..$ ~3.g 'b~~ =~ = .s: e-8 1;j .";;; ==<2 e 8'''0"0 8~a :~:e ... g.... ~'" e S'- S ~<Il] 8 - " ci',s ~~r--- O,J::::15 ""N ~~i: ga.=: ~..g~ .0"'<1 g,si! ~lo dUO "~~ .5 ~t: os? coo .~ ~J I "O~"O liio@ >>.,,- "Iii" ~~~ _ 8; "iEt 806 p..eu e-8,s '"O~r--- ".,,0 ]la;; !:l~;;:; 8".:; _",0 raI ~ 8 e .s.~~ .~ Q u d.d .~ 6 ~ g.'lam e~~ ~:OP .. ~c:: ~gg ~5N -_0 j"O~ U "3 ~ ~ 3 ~ ] ,'.,',. .. ~: ;; "' u ~ o '" MEMORANDUM DATE: September 24, 2007 CC Agenda Item 4.E TO: Mayor & City Conncil J=ffi L,h"hoff, City Pl=~ Planning Case #07-021 Variance Anthony Rakow 1907 County Road D FROM: SUBJECT: ReQuest Motion to approve Planning Case 07-021 for a variance at 1907 County Road D based on the findings of fact and the submitted plans, as amended by the four conditions in the September 5, 2007, planning case report. Backl!:round The property owner is proposing to construct a 257 square foot addition to the existing 1.5 story home at 1907 County Road D. The dwelling has a single car attached garage along the western side of the structure. The proposed addition would be constructed adjacent to the garage and it would wrap aronnd to the northwestern comer of the building. The addition would provide a second garage stall and a small addition to the dwelling. The current footprint ofthe structure is 1,120 square feet. Along the front ofthe house, the existing attached garage extends 2.65 feet and an entryway extends 4.65 feet into the 40 foot front yard structure setback (Attachment 3B-1 & 2 of the September 5, 2007 Planning Case Report). The applicant is proposing to keep the addition in line with the existing garage to maintain the architectural lines and continuity of the structure. Approximately 12.5 square feet of the proposed 257 square foot addition would be within the front yard setback. The remaining 244.5 square feet of the addition is outside of all setbacks and a variance is not required for that part of the addition. The structure was built in 1941 prior to the incorporation of the City of Arden Hills. There are not any other variances on file for this property. \\Metro~jnet\ardenhills\Planning\Planning Cases\2007\07-021 Rakow Variance (PC Approved) \092407 - CC Report - Rakow Variance.doc Page I of3 The applicant has submitted a description of the proposed addition, a response to the variance evaluation criteria, and a survey of the property (Attachment 3B-I of the September 5, 2007 Planning Case Report). Findine:s of Fact Staff offers the following thirteen findings of fact for review: General Findings I. The lot size and width exceed the minimum R-2 requirements. The lot width of 65 feet is nonconforming in the R-2 Zone. 2. The existing garage encroaches 2.65 feet and the entryway encroaches 4.65 feet into the forty foot front yard setback. The structure meets all other R-2 setback requirements. 3. The proposed addition would encroach 2.65 feet into the front yard setback. Approximately 12.5 square feet of the proposed 257 square foot addition is within the front yard setback. The area of the addition outside of the setbacks does not require a variance. The proposed addition would be in line with the existing garage. 4. The proposed addition does not encroach on the rear or front setbacks. 5. The existing and proposed lot coverage meets the R-2 Zone requirements. 6. The dwelling with the proposed addition would not exceed the 35 foot height limit. 7. Dwellings are permitted structures within the R-2 Zone. 8. The existing dwelling and the proposed garage are outside of the 100-year flood plain, wetlands, and easements. 9. The lot was created and the structure was built prior to the incorporation of the City of Arden Hills. The structure was built in 1941. Variance Findings: 10. A dwelling and addition are reasonable uses within the R-2 Zone. 11. This situation is unique because the substandard lot was created and developed prior to the incorporation of the City of Arden Hills and before current code requirements. 12. Since the proposed addition would not encroach any farther into the front yard setback than the existing structure, the addition is unlikely to have a negative impact on the property or the neighborhood. The continued encroachment would not have a noticeable visual impact. 13. The proposed plans and setback variance for the dwelling do not appear to be based on economic considerations alone. Recommendation The Planning Commission unanimously recommends approval (7-0) of Planning Case 07-021 for a variance at 1907 County Road D based on the findings of fact and the submitted plans, as amended by the 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. \\Metro-inetlardenhillslPlanninglPlanning Cases\2007\07-021 Rakow Variance (PCApproved)\092407 ~ CC Reporl- Rakow Variance. doc Page 2 of3 2. The applicant shall use best management practices (BMPs) to control erosion at all times during construction. 3. The applicant shall obtain approval 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. If the City denies the petitioners request, "...it must state in writing the reasons for the denial at the time it denies the request. n 4. Table for additional information. The findings offact in this planning case report support approval of the variance request. If the City Council chooses to deny the variance, fmdings that deny the variance must be stated for the record prior to voting on the denial. Deadline for Al!encv Actions The City of Arden Hills received the completed application for this request on August 15, 2007. Pursuant to Minnesota State Statute, the City must act on this request by October 13,2007 (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 4.E-l 4.E-2 Draft Planning Commission Meeting Minutes September 5, 2007, Report to the Planning Commission- htto://www.ci.arden-hills.mn.us/nlanningcase \lMetro-inet\ardenhills\PlanningIPlanning Cases\2007\07-021 Rakow Variance (PCApproved)\092407 - CC Report - Rakow Variance.doc Page 3 on Attachment 4E-l Planning Commission Meeting Minutes: · September 5, 2007 (draft) September 24,2007, City Council Meeting ...... LL. <C 0= C ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 5, 2007 5 PLANNING CASE # 07-021- VARIANCE; ANTHONY RAKOW; 1907 CNTY ROAD D Mr. Lehnhoff reported that the applicant submitted a variance request to construct a 257 square foot addition along the northern and western sides of the dwelling that encroaches 2.65 feet into the front yard setback. He then provided background information and said staff recommends approval subject to the four conditions: I. The project shall be completed in accordance with the plans submitted as amended by the conditions of approval. Any significant changes to these pl~&b'"flS determined by the City Planner, shall require review and approval by the Plag C6mmission. 3. The applicant shall obtain approval from the the issuance of any building permits. 2. The applicant shall use best management practices times during construction. prior to 4. The structure shall conform to all other City Code. Chair Sand opened the floor to Commission questions. Commissioner Larson inquired 1!th~!16twfJ.S <;reated the 85-foot minimum. Mr. Lehnhoff stated that it was created prim' J9thfllireation of Arden Hills and this subdivision may have been created byithe Qounty.,.,iHe stated that we do not have a copy of the zoning regulatignsiifthere were a,ny'jJrior to the incorporation of Arden Hills. ....d .... >'. . " CommissionerJ\1gdesette inq*ired ifther~:has been a discussion about the roofline. Mr. Lehnhoff stated thatthey h<i.vflnothad that discussion. AnthonyRakow,1907 CoJ.)~ty Road D, stated the plan for the roof line would be to have it follow the curreiitrooflin'e. Coinmissioner Mod~ette stated that she does see how the roof line is continuous from the view of the front. .. Chair Sand iiiqllired if there were any responses from the neighbors. Mr. Lehnhoff stated they have n(jfreceived any response from the neighbors. Mr. Rakow stated that the neighbors to the west are renters and he hasn't spoken with the owner and the neighbors to the east are in support of it. Chair Sand stated that he has noticed other houses III the area that have a similar architectural affect. Commissioner Thompson inquired about Mr. Rakow's intent to use the space. Mr. Rakow stated that the garage space would be increased in width and depth. ARDEN HILLS PLANNING COMMISSION - SEPTEMBER 5, 2007 6 Commissioner Thompson inquired about the construction of the garage. Mr. Rakow stated that the existing garage would be removed and a larger garage would be placed there. Chair Sand inquired if a portion of the addition would be living space. Mr. Rakow stated that approximately 20% would be living space. Chair Sand inquired if the intent would be to increase the depth of t Commissioner Larson inquired about the size of the trusses. trusses would be 30 feet. Commissioner Holewa inquired about the back oftheinteriorof garage. Chair Sand stated that they are trying to understand if the garage would b.c. or 4 cars. Mr. Rakow stated that it would be .abIe.to have 3 cars. Commissioner Modesette inquired if there were plans to have dormers installed. Mr. Rakow stated he wasn't planning to have any dormers. ""."...."w. . Chair Sand inquired if there wbuig.' h\1, af! ipterior to provide a separation between the garage and the living spil~e. Mr.;J{akgV\' stated that there would be about 7 feet for the interior wall and it would 15e.a firewall, This Planning Case will be reviewed at the Monday, September 24, 2007, City Council meeting. ~~ <:)~ Attachment 4E-2 Report to the Planning Commission From September 5, 2007. Available online at: hUn: Ilwww.cLarden-hills.mn.us September 24,2007, City Council Meeting