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• CITY OF FALCON HEIGHTS
RESOLUTION 2006-20 RECOMMENDING THE APPROVAL OF A VARIANCE
REQUEST FOR FOURTEEN FOOT SETBACK TO ALLOW CONSTRUCTION
OF A PORCH AT 1564 BURTON STREET
WHEREAS the Planning Commission conducted a public hearing on July 25~'
regarding the request of Todd Hegg for a variance from of the Falcon Heights Zoning
Ordinance; and
Street;
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WHEREAS, the Planning Commission approved a variance for 1564 Burton
NOW THEREFORE, BE IT RESOLVED, based on the attached Findings of
Fact and Recommendation, the City Council approves the request of Todd Hegg for a
variance to allow the following: a fourteen foot setback variance to allow
construction of a porch in accordance with plans on file with the City Clerk.
ADOPTED this 23`d day of August, 2006, by the City Council of the City of
Falcon Heights, Minnesota.
CITY OF FALCON HEIGHTS
L
BY: ~
Susan L. Gehrz, Mayor
AND: /~~
Justin Miller, City Administrator
STATE OF MINNESOTA )
( ss.
COUNTY OF RAMSEY )
The foregoing instrument was acknowledged before me this Z~ day of
. 2006, by _<~,~. ~. - Cr~k`yv~ and by
" . , ,respectively the Mayor an City Administrator
of the City of Falcon Heights, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
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~.
"STACEY TEfiESE KREUSER
t NOTARY PUBLIC • MN~NIESOTA
` 1- . y' My Commission EMpiie~ Jr1.31, ZO10
• ,Q.
OTARY PUBLIC
DRAFTED BY:
CAMPBELL KNUTSON
Professional Association
1380 Corporate Center Curve
317 Eagandale Office Center
Eagan, Minnesota 55121
Telephone: (651) 452-5000
RNK
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CITY OF FALCON HEIGHTS
• RAMSEY COUNTY, MINNESOTA
IN RE:
Application of Todd Hegg,
1564 Burton Street, for a variance
from setback requirements.
FINDINGS OF FACT
AND DECISION
On July 25, 2006, the Falcon Heights Planning Commission met at its regularly
scheduled meeting to consider the application of Todd Hegg ("Applicant"), 1564 Burton
Street ("Subject Property"), for a variance from setback requirements for a porch. 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. Based on the record, the
Planning Commission voted to recommend approval of the variance.
On August 23, 2006, the Falcon Heights City Council met at its regularly
scheduled meeting to consider the variance. The City Council now makes the following
Findings of Fact and Decision.
FINDINGS OF FACT:
The Subject Property is zoned R-1, Single Family Residential.
2. The Subject Property is legally described as:
Auditor's Subdivision No. 71, Subj To St The Fol Ex N 12
Ft Lot And All of Lot 7, Blk 6, Ramsey County, Minnesota.
(P I N N o. 2 0.2 9.2 3.12.0 0 7 9)
3. That the granting of the variance will not be detrimental to the public interest.
• The granting of this variance will not be detrimental to the public interest.
• 4. That the granting of the variance will not substantially diminish or impair
property values or improvements in the area.
The granting of this variance will not substantially diminish or impair
property values.
5. That the granting of the variance is necessary for the preservation and enjoyment
of substantial property rights.
The granting of this variance, while not the only solution for the preservation
and enjoyment of substantial property rights, is a reasonable request with
minimal impact.
6. That the variance will not impair an adequate supply of light and air to adjacent
properties.
The variance will not impair an adequate supply of light and air to adjacent
properties.
7. That the variance will not impair the orderly use of the public streets.
The variance will not impair the orderly use of the public streets.
• 8. That the variance will not increase the danger of fire or endan er the ublic
g p
safety.
The variance will not increase the danger of fire or endanger the public
safety.
9. Whether the shape, topographical condition or other similar characteristics 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.
This property is nearly unique in Falcon Heights, in that it has streets on
three sides, the main structure is set at an angle on the property, and the
home was custom-designed by a noted architect. At least half the original
back yard was lost in the past to the extension of Coffman Street between
Folwell and Hoyt. The options are very limited for building any kind of
addition onto this dwelling without encroaching into setback on one side or
another or severely compromising the unique architectural design. Strict
interpretation of the city code also precludes adding another story on top of
the house -even if this could be reconciled with the original architect's plan
• and approved by the University and the Grove Association. The Applicant
has demonstrated an under hardship. The Applicant's proposal is for a
reasonable use of the property.
10. 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.
No material or financial gain will occur in the granting of this variance.
Substantial hardship to the owner would result from a denial, in that original
intention of the architect will not be carried out, leaving the house with a
hazardous window opening on the upper level.
11. 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 to 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.
• Not applicable.
DECISION
The Applicant's request fora 14 foot setback variance is hereby approved.
ADOPTED by the Falcon Heights City Council on this ~~ day of
_, 2006.
CITY OF FALCON HEIGHTS
B . _ ~~.
Y ~/~
Susan L. Gehrz, Mayor
ATTEST:
By:
tin Miller, City Administrator
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