HomeMy WebLinkAbout7C, Variance Request at 1126 Benton Way
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Request for Council Action
Prepared By:
Meagan Beekman
Council Meeting Date: July 27, 2009
Variance Request at 1126 Benton Way
Budgeted Amount:
N/A
Actual Amount:
Funding Source:
N/A
N/A
Recommendation:
Approve Planning Case 09-012 for Three Variances at 1126 Benton Way, Based on the Findings
of Fact and the Submitted Plans, as Amended by the Five Conditions in the July 27, 2009, Report
to the City Council.
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Supportin!! Documents:
1. July 8, 2009, Draft Planning Commission Minutes
2. July 8, 2009, Report to the Planning Commission - http://www.ci.arden-hills.mn.us
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KJ?\IIBJllEES
MEMORANDUM
DATE: July 27, 2009
TO: Mayor & City Council
FROM: Meagan Beekman, City Planner
SUBJECT: Planning Case #09-012
Variance
Nelson Family Irrevocable Trust
Trustee Linda Nelson
1126 Benton Way
Reauest
Motion to Approve Planning Case 09-012 for Three Variances at 1126 Benton Way, Based on
the Findings of Fact and the Submitted Plans, as Amended by the Five Conditions in the July 27,
2009, Report to the City Council.
Back2round
The applicant is the trustee of the family trust that owns and manages the property at 1126
Benton Way, which is located in the Hunters Park Second Addition and part of the Hunter's Park
Homeowners Association. The applicant is proposing to construct a 585 square foot addition on
the south side of the home between the existing home and detached garage. The addition would
be located entirely on the main floor of the home and would consist of a bedroom and bathroom.
The proposed addition would stay in line with the existing building line to the rear of the
property and step back slightly from the existing building line in the front.
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 front yard setback;
City of Arden Hills
City Council MeetingforJuly 27,2009
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· Encroach eight feet into the rear yard setback;
· Increase the structure coverage to 26 percent.
The existing detached garage would remain unchanged.
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 A and C). There are no
previous variance requests on file for this property.
The property is within the Hunters Park Homeowners Association, which plays a role in the
variance process and is discussed in more detail in the below section.
Findin2S of Fact
The Planning Commission offers the following fourteen findings of fact for review:
General Findings
1. Although the 8,712 square foot lot was approved as part of the Hunters Park PUD, it does
not meet the minimum requirements of the R-3 Zone.
2. The existing dwelling encroaches into the required front, side, and rear setbacks. The
detached garage encroaches on the southern side yard setback.
3. The proposed addition would encroach into the rear yard setback by eight feet and into
the front yard setback by four feet.
4. The proposed addition does not encroach on either side setbacks
5. The landscape area would be reduced from 67 percent to 60 percent of the lot. A
variance is required to reduce landscape area below 65 percent.
6. The dwelling with the proposed addition would not exceed the 35 foot height limit.
7. Dwellings are permitted structures within the R-3 Zone.
8. The existing dwelling and the proposed garage are outside of the 100-year flood plain,
wetlands, and easements.
Variance Findings:
9. A dwelling and addition are reasonable uses within the R-3 Zone.
10. The nonconforming lot size for the R-3 Zone, which was approved as part of the PUD,
may present a unique situation that warrants the requested variances. There are no
unique topographical conditions.
11. It is unlikely the proposed addition would have a negative impact on the property or the
neighborhood. The addition would not increase the encroachment of the existing home
and would be screened from neighbors by the detached garage.
City of Arden Hills
City Council Meetingfor July 27, 2009
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12. The increased lot coverage is unlikely to have a negative impact because of the adjacent
shared green space to the north of the subject property. There is a total of seven acres of
Homeowners Association common green space throughout the neighborhood.
13. The proposed plans and setback variance for the dwelling do not appear to be based on
economic considerations alone.
14. The applicant has received approval from the Hunters Park Architectural and
Environmental Committee for the proposed addition.
Recommendation
The Planning Commission unanimously recommends approval of Planning Case 09-012 for a
three variances at 1126 Benton Way, based on the Findings of Fact and the submitted plans, as
amended by the following five conditions:
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.
5. The addition shall match the existing home in siding color and style.
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. "
4. Table for additional information.
The findings of fact in this planning case report support approval of the variance request. If the
City Council chooses to deny the variance, findings that support this motion must be stated for
the record prior to voting on the motion.
Deadline for A2encv Actions
The City of Arden Hills deemed the application complete on June 10, 2009. Pursuant to
Minnesota State Statute, the City must act on this request by August 9, 2009, (60 days), unless
City of Arden Hills
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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
A - July 8, 2009, Draft Planning Commission Meeting Minutes
B - July 8, 2009, Report to the Planning Commission
http://www.ci.ardenhills.mn.us/planningcase
City of Arden Hills
City Council Meetingfor July 27, 2009
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Meeting - Memo - Nelson Variance.doc
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Attachment A
July 8,2009, Draft Planning
Commission
Meeting Minutes
July 27, 2009, City Council Meeting
Draft Planning Commission Minutes - July 8, 2009
Planninl! Case 09-012: Variance: 1126 Benton Way: Nelson Familv
Trust
City Planner Beekman advised that the applicant was requesting three
variances for an addition at 1126 Benton Way. She displayed an
aerial view of the lot and explained the three variances requested. She
explained that the subdivision was unique and that any changes made
to the properties would require a variance. She advised that staff
offers the following 14 findings of fact for review:
1. Although the 8,712 square foot lot was approved as part of the
Hunters Park PUD, it does not meet the minimum requirements of
the R-3 zone.
2. The existing dwelling encroaches into the required front, side, and
rear setbacks. The detached garage encroaches on the southern
side yard setbacks.
3. The proposed addition would encroach into the rear yard setback
by eight feet and into the front yard setback by four feet.
4. The proposed addition does not encroach on either side setbacks.
5. The landscape area would be reduced from 67 percent to 60
percent of the lot. A variance is required to reduce landscaping
area below 65 percent.
6. The dwelling with the proposed addition would not exceed the 35-
foot height limit.
7. Dwellings are permitted structures within the R-3 zone.
8. The existing dwelling and the proposed garage are outside of the
100-year flood plain, wetlands, and easements.
9. A dwelling and addition are reasonable uses within the R-3 zone.
10. The nonconforming lot size for the R-3 zone, which was approved
as part of the PUD, may present a unique situation that warrants
the requested variances. There are no unique topographical
conditions.
II.!t is unlikely the proposed addition would have a negative impact
on the property or the neighborhood. The addition would not
increase the encroachment of the existing home and would be
screened from neighbors by the detached garage.
12. The increase lot coverage is unlikely to have a negative impact
because of the shared adjacent shared green space to the north of
the subject property. There is a total of seven acres of
Homeowners Association common green space throughout the
neighborhood.
13. The proposed plans and setback variance for the dwelling do not
appear to be based on economic considerations alone.
14. The application has received approval from the Hunters Park
Architectural and Environmental Committee for the proposed
addition.
City Planner Beekman reported that one call was received in favor of
the variance. Staffrecommended approval of the variance subject to
the following five conditions:
1 B 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 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.
5. The addition shall match the existing home in siding and color and
style.
Chair Larson confirmed that the original setback on the house did not
meet the setbacks at the time built. He confirmed that the access to
the home was fro'm a private drive rather than Benton Drive.
City Planner Beekman advised that any expansion of the structures
would require a variance because of the way the development was
setup.
Commissioner Zimmerman confirmed that the setbacks requested
were not any greater than what was already there.
Commissioner Holewa questioned where the common area for the
development was located.
City Planner Beekman pointed out the common areas.
Commissioner Zimmerman moved, seconded by Commissioner
Holewa, to recommend approval of Planning Case 09-012, variance at
1126 Benton Way, based on the findings of fact, the submitted plans,
and the five conditions as listed in staff s July 8, 2009 report.
Commissioner Holewa was disturbed at the permeable surface within
the association. He thought that the association could have done a.
rain garden to improve the absorption of rain water.
The motion carried unanimously (7-0).
Attachment B
July 8,2009,
Report to the Planning Commission
Available online at:
http://www.ci.arden-hills.mn.us
July 27, 2009, City Council Meeting