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HomeMy WebLinkAboutPCMin_94Mar28• MINUTES REGULAR PLANNING COMMISSION MEETING MARCH 28, 1994 7 P.M. PRESENT ABSENT Tom Brace Kay Andrews Lee Barry Wendy Treadwell Paul Kuettel Ken Salzberg Lisa Lampi (arrived at 7:30) ALSO PRESENT Susan Hoyt, Administrator Sam Jacobs, City Council Liaison Phil Carlson, Planning Consultant Meeting was called to order at 7:05 p.m. by Chairperson Barry. Minutes of the February 28, 1994 we approved as written. REQUEST FOR A VARIANCE TO CHAPTER 9-4.01 SUBDIVISION (4) OF FIFTEEN FEET THREE INCHES (15'-3") TO THE REQUIRED THIRTY FOOT REAR YEAR SETBACK, AND TO CHAPTER 9-2.04 SUBDIVISION 1(c) OF TWO FEET THREE INCHES (2'3") TO THE REQUIRED FIVE FOOT SIDE YARD SETBACK • FOR 1775 ASBURY STREET. Hoyt briefly reviewed the February 28 planning commission recommendation regarding the request for a variance at 1775 Asbury by property owners, Mr. and Mrs. Wiger. She said that the commission requested that the Wigers revise their proposed construction plans by expanding their house into the sideyard rather than further into the rearyard. This would require a less substantial variance request than the one submitted. Mrs. Wiger explained that no new plans were submitted because it would not be financially feasible to expand into the sideyard and she understood that any revisions should go in this direction. And they would like to have their original variance request reexamined and approved. The Olsons, of 1780 Snelling Drive, to the rear of 1775 Asbury, said they objected because of the proximity to their rear yard and the possible invasion of their privacy. A discussion followed regarding the impact that the addition of a two story home 14 feet from the rearyard would have on the adjacent property at 1780 N. Snelling Drive. The commission also discussed the fact that the Wiger • property is not unusually small in area, that there are other blocks configured in the same manner in Falcon Heights, and that there is space to expand into the PC Minutes 3/28/94 Page 2 sideyard and, therefore, the request did not meet the standards for granting a variance. Salzberg moved to recommend that the city council deny the Wiger's request for a variance to Chapter 9-4.01 Subd. 4 of 15' 3" to the required 30 foot rearyard setback for the following reasons: 1. The property owner did not demonstrate a hardship in order to have a variance granted. 2. Any past variances granted by the city, and any building or site improvements that do not conform to the city's zoning code, do not create a hardship for a property owner requesting a variance, and therefore, are not a reason for granting a variance. • Although there are some existing structures which encroach into the rear yard further than the 30 foot rear yard setback along this block with the shallow lots, the city records do not show that any variances were granted for this purpose. No additions appear to be two stories in height. Two building permits for rearyard additions were found in the files. 3. A property owner's preference for how the interior space is arranged in a home or how the exterior of a home is designed are not identified as a hardship standard for granting a variance. If a variance was the only way to preserve the architectural or historical significance of a structure, this might meet the standards for granting a variance. The proposed addition of a two story attached garage to this two story home will change the exterior appearance and symmetry of the structure. 4. A fence, even a six foot high fence, or a tall hedge, will not eliminate the impact of a two story garage and house within fourteen feet of the neighboring property to the west because the addition will be substantially higher than the fence or landscaping. 5. The variance request does not meet the standards for granting a variance. • Additional specific points in the discussion included that: • PC Minutes 3/28/94 Page 3 • The property is not unusually small in area for Falcon Heights. There are three blocks that are configured in this manner in the city. • There is an alternative method for constructing an addition to the property that does not require a substantial variance. • Any additional cost for constructing to the south of the property instead of to the west of the property is not a reason for granting a variance. • The adjacent property value at 1780 North Snelling Drive might be negatively affected by the addition of a two story home 14 feet from its rearyard, which is also quite shallow. (The variance does not require that a dollar amount to be assigned to a loss of property value, but that it be based upon a commissioner's sense of whether • or not 1780 North snelling would be more desirable, less desirable or remain the same as a result of granting the variance for the neighbor the east.l Seconded by Kuettel and unanimously approved. Hoyt told the Wigers this would be on the April 13 city council agenda and that they were welcome to attend. She also told them they could reapply for a variance at any time with a different set of plans. ANNOUNCEMENTS: Hoyt announced that Carla Asleson was hired to be the new administrative assistant/planner. Carla is currently working for the City of Mounds View and will start work here on April 18. Meeting adjourned at 8:50 p.m. Susan Hoyt, Administrator • Dee Swenson, Recording Secretary