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Home My WebLink AboutCCRes_04-15• CITY OF FALCONHEIGHTS RESOLUTION N0.2004-15 September 8, 2004 APPROVAL OF LOT COVERAGE VARIANCE REQUEST FROM STEVEN GENZ, FOR PROPERTY LOCATED AT 1885 ASBURY STREET, FALCON HEIGHTS, MINNESOTA WHEREAS, on August 24, 2004, the Planning Commission conducted a public hearing regarding Steven Genz's request for a variance from Section 9-2.05, Subd. 2d of the Falcon Heights Zoning Ordinance, for property at 1885 Asbury Street, Falcon Heights, Minnesota, and WHEREAS, the Planning Commission recommended approval of the variance request, as presented by Steven Genz, and prepared a resolution and Findings of Fact and Recommendation for Council consideration, • NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby approves Steven Genz's request for a variance of 647 additional square feet of impervious lot coverage above the amount allowed by code (Section 9-2.05, Subd.2d of the Falcon Heights Zoning Ordinance) to allow 4,134 square feet of impervious surface for property located at 1885 Asbury Street, and hereby adopts the resolution and Findings of Fact and Recommendation prepared and submitted by the Planning Commission. ADOPTED by the City Council of Falcon Heights, Minnesota on September 8, 2004. Moved by: Lindstrom Approved by: - _,u~.t Susan L. Gehrz, Mayor September 8, 2004 GEHRZ KUETTEL 5 In Favor LAMB ~/ / LINDSTROM 0 Against l i~'~?'t' TALBOT Attested by: Heather M. Worthington City Administrator September 8, 2004 • CITY OF FALCON HEIGHTS • RAMSEY COUNTY, MINNESOTA RESOLUTION NO. 04- A RESOLUTION RECOMMENDING APPROVAL OF LOT COVERAGE VARIANCE REQUEST • • WHEREAS, on August 24, 2004 the Planning Commission conducted a public hearing regarding Steven Genz's request for a variance from Section 9-2.05, Subd. 2d of the Falcon Heights Zoning Ordinance. NOW THEREFORE, Based on the attached Findings of Fact and Recommendation, the Planning Commission recommends that the City Council approve Steven Genz's request for a variance from Section 9-2.05, Subd. 2d of the Falcon Heights Zoning Ordinance to allow 4,134 square feet of impervious surface. ~y SOD `f ADOPTED this ~7 -day of ~ , ~3, by the Planning Commission of the City of Falcon Heights, Minnesota. CITY O ALCON IG S BY: ATTEST: Planning Commission Chair By:Jebo c7'ont Its: PJQhni ~ Coo-~ty~4'~w" 113664v01 RNK:08/13/2004 CITY OF FALCON HEIGHTS • RAMSEY COUNTY, MINNESOTA IN RE: Application of Steven Genz, FINDINGS OF FACT 1885 Asbury Street, for a variance AND RECOMMENDATION from impervious surface coverage limitations. On August 24, 2004, the Falcon Heights Planning Commission met at its regularly scheduled meeting to consider the application of Steven Genz, 1885 Asbury Street, for a variance from impervious surface coverage limitations for a single family home in the R-1 Zoning District. The Planning Commission conducted a public hearing on the proposed Variance preceded by published and mailed notice. The applicant was present and the Planning • Commission heard testimony from all interested persons wishing to speak and now makes the following: FINDINGS OF FACT: The subject property is zoned R-l, One Family Residential District. 2. The subject property is legally described as: Lot 3, Block 1, Juhl's Roselawn Addition 3. The applicant seeks a variance from Section 9-2.05, Subd. 2d (Impervious Coverage) of the Falcon Heights Zoning Ordinance. 4. The subject property is 11,622 square feet. Section 9-2.05, Subd. 2d allows a maximum impervious lot coverage of 30% of the lot area or 3,320 square feet, whichever is greater. The subject properly is therefore allowed 3,487 square feet of impervious lot coverage. • The lot coverage is currently 3,900 square feet which is 413 square feet more than allowed. 113667v01 RNIC:08/13/2004 5. The applicant's proposal is to add a 624 foot bedroom addition to the home and to • remove a 90 square foot shed, 220 square feet of sidewalk, and an 80 square foot patio. The net impervious surface for the lot with the addition and deletions would be 4,134 square feet which exceeds the current impervious surface coverage by 234 square feet and is 647 square feet more than allowed by ordinance without a variance. 6. Section 9-15.03 Subd. 4 of Falcon Height's Zoning Ordinance directs the City to make the following findings when considering a request for a variance: a) That the granting of the variance will not be detrimental to the public welfare. The Planning Commission finds that granting of this variance will not be detrimental to the public welfare. b) That the granting of the variance will not substantially diminish or impair property values or improvements in the area. • The Planning Commission finds that the granting of this variance will not substantially diminish or impair property values. c) That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The Planning Commission finds that the granting of these variances is necessary for the preservation and enjoyment of substantial property rights. d) That the variance will not impair an adequate supply of light and air to adjacent property. The Planning Commission finds that the variance will not impair an adequate supply of light and air to the adjacent properties. e) That the variance will not impair the orderly use of the public streets. The Planning Commission finds that the variance will not impair the orderly use of the public streets. • 113667v01 2 RNK:08/13/2004 f) That the variance will not increase the danger of fire or endanger • the public safety. The Planning Commission finds that the variance will not increase the danger of fire or endanger the public safety. • g) Whether the shape, topographical condition or other similar characteristic of the tract is such as to distinguish it substantially from all of the other properties in the zoning district of which it is a part, or whether a particular hardship, as distinguished from mere inconvenience to the owner, would result if the strict letter of the Chapter were carried out. The Planning Commission finds that denial of the variance would create a hardship not a mere inconvenience to the owner. h) Whether the variance is sought principally to increase financial gain to the owner of the property, and to determine whether a substantial hardship to the owner would result from a denial of the variance. The Planning Commission finds these variances are not sought to increase financial gain to the owner of the property. The Planning Commission finds that substantial hardship would be imposed by denial of the variance on lot coverage, in that the size of the lot would preclude the owner from adding a needed bedroom. i) Whether the conditions which give rise to the application for the variance arose after the adoption of this Chapter of the Code of the City of Falcon Heights or any amendment thereto which placed the tract in a zoning District different from what it was under the Chapter. In the consideration Of this item, the City shall make diligent inquiry as to all changes in the property and shall refuse to grant the variance if the problem is one that can be solved through a proper application of a conditional use permit or an amendment of the Zoning code. Financial hardship shall not be a basis for the granting of a variance when the owner purchased the property in reliance on a promise that a variance would be granted, and the City shall dismiss the appeal if it shall appear that the property was purchased on such reliance. The Planning Commission finds that the conditions which give rise to the need for a variance is that the restrictions on impervious surface were enacted after the lot was created and after the existing house was constructed. A conditional use permit or a code amendment are not feasible alternatives to the variance. • 113667v01 RNK:08/13/2004 RECOMMENDATION • The Plannin Commission recommends that the Cit Council a g y pprove the appllcatlon for a variance from Section 9-2.05, Subd. 2d of the Falcon Heights Zoning Ordinance for Steve Genz. ADOPTED b the Falcon Hei hts Plannin a~ ~~- y g g Commission on this ~ day of 2004 F By: ATTEST: • B ~ Y~_ ____GLorell nHeS Its: 1'lann~~~g ariR ZdK+na Coo~tv~e-h9v- • is Chairperson G COMMISSION 113667x01 4 IZNK:08/13/2004