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HomeMy WebLinkAboutStaff report for PC 052609 Planning Commission 5/26/09 ITEM: Variance requests for 1496 Larpenteur Avenue SUBMITTED BY: Deborah Jones, Zoning and Planning Director REVIEWED BY: Justin Miller, City Administrator Roger Knutson, City Attorney EXPLANATION: Background/History/Property Description: 1496 West Larpenteur, PIN 222923220144, is located on the south side of Larpenteur Avenue, midway between Arona and Pascal Streets in Falcon Heights. The legal description is “W ½ Lot 10 Bk. 13, Northome 3rd Addition Ramsey County, Minnesota.” The parcel is approximately 50 feet wide by 115 feet deep, with an area of approximately 5663.8 square feet. The property is zoned R-4 “R-4 medium density multiple-family residential district – apartment buildings” and has been maintained in this use since 1946 when the existing 8-unit apartment building was constructed. Of all residential properties in Falcon Heights, 1496 Larpenteur has the highest housing density in units per acre. The owner of 1496 W. Larpenteur has applied for variances in order to build a new detached garage facing the alley behind the building. The proposed garage would have space for five vehicles and a covered walkway between the back yard and the alley for more convenient tenant access. It would replace an existing two-car garage at the east side of the rear of the lot. The property has five on-site parking spaces, three uncovered and two in the existing garage. According to the owner, only one of the garage spaces is used for vehicle parking at the present time due to storage needs for building maintenance. West Side Setback Variance The required setback from the side property line is 5 feet unless the property meets conditions for one of the exceptions defined in Section 113-240(c) of the city code. The existing garage meets the conditions to allow the setback to be narrowed to 2 feet at the east side of the property but not the west side. The applicant requests a variance of three feet on the west side in order to build the garage at two feet from the property line on the west. Otherwise, the garage could not accommodate five vehicles and a proposed breezeway through the building. No variance is sought in the rear setback, which will be five feet from the alley right-of-way, as required by code. Area Variances Section 113-240(p) of the code restricts detached accessory buildings to no more than 40% of the rear 30 feet of the lot and 1000 square feet over all. The proposed garage would exceed both of these limits, having an area of 1015 square feet and occupying 67.5% of the rear 30 feet of the property. The owner requests (1) a variance of 27.5% above the 40% limit for the rear 30 feet of the lot and (2) a variance of 15 square feet above the overall limit for detached accessory structures. These two variances are separate but interdependent. The first is essential to the proposed new garage; the second one may not be. Analysis: That the granting of the variance will not be detrimental to the public welfare. Staff finds that granting of the variances will not be detrimental to the public welfare. The proposed garage represents no net loss of on site parking and the practical gain of one space. b. That the granting of the variance will not substantially diminish or impair property values or improvements in the area. Staff finds that granting the variances will not substantially diminish or impair property values or improvements in the area. The applicant cites increased value to tenants and improved value of the property among his reasons for requesting the variances. That the granting of the variance is necessary for the preservation and enjoyment of substantial property rights. Staff finds that granting of the variances is not necessary for the preservation and enjoyment of substantial property rights. However, it is reasonable for a rental property owner to want to provide enclosed parking for tenants in Minnesota, if space allows. That the variances will not impair an adequate supply of light and air to adjacent property. Staff finds that the variances will not impair an adequate supply of light and air to adjacent properties. e. That the variance will not impair the orderly use of the public streets; Staff finds that the variances will not impair the orderly use of public streets. There will be no net decrease in off street parking. See (a) above. f. That the variance(s) will not increase the danger of fire or endanger the public safety; Staff finds that the variances will not increase the danger of fire or endanger the public safety. 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. Staff finds that the characteristics of the property do distinguish it substantially from other R-4 properties in Falcon Heights. 1496 Larpenteur is one of only nine apartment buildings in Falcon Heights with alley access, all of which have limited on street parking. Of those nine, it is one of the two that occupy single-family-size lots. In fact, 1496 Larpenteur is smaller than most single family parcels. Unlike the neighboring 5-unit building at 1492 Larpenteur on a similar lot, this building has 8 units, making this the highest density residential property in the city in units per acre. Both 1492 and 1496 have front property lines set farther from the street centerline than the other properties on the block. The constraints imposed by the small size and intense use of this property do create a particular hardship in limiting the property to no more than a double garage under the requirements of the city code. This is not practical for multi-family residential property. 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. Since the owner now has the option of removing and not replacing the existing garage, or replacing it on the existing footprint without added enclosed parking – both at much lower cost – staff finds that the variance is not sought principally to increase financial gain to the owner. While the city no longer requires enclosed parking for apartment properties on alleys, covered parking is a reasonable and desirable amenity for a multi-family dwelling in Minnesota. In particular, the area restrictions in Sec. 113-240(p), possibly intended to apply primarily to single-family properties, would constitute a major impediment to the construction of new enclosed parking on many multi-family properties in the city. This is certainly a hardship to tenants. 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. Not applicable. Comments from Residents and Businesses: A neighbor on California behind 1496 Larpenteur contacted staff the week of May 18 to express concern about the setback variance being requested, that the proposed building would be too close to the alley and impair access to garages on both sides. Upon being informed that the application included only the west side setback and did not include the rear setback, which will be maintained at 5 feet per ordinance, the resident said he had no further concerns or objections. No additional comments from the public had been received by Staff as of May 22, 2009. Staff Recommendation: Staff recommends approval of the setback variance and the 40% area variance for the following reasons: Given the size and narrowness of the lot, the 40% limit is impractical for a multi-family property and rules out any significant improvement in parking configuration for 1496 Larpenteur. The proposed garage does not reduce the amount of on-site parking at 1496 Larpenteur. In fact, it creates an additional usable space for parking that was formerly used for storage. Although the city now exempts apartment properties on alleys from the requirement that at least half the parking be enclosed, covered parking is still a desirable amenity in this climate, and the proposed garage would improve the value of this property as housing in the community and improve the quality for tenants. Denying the setback variance on the west would require the elimination of the covered walkway from the plan. Staff considers a walkway through the building a better design and better use of space than requiring extra room between the west end and the property line. Provided the walkway is kept well lit and clear (and not used for storage, which would be a code violation), it would provide much easier access to the alley for residents than walking around the ends of the building. Staff makes no recommendation on the request for additional square feet of detached accessory structure above the 1000 square feet allowed. Making the building narrower by 7 inches would be sufficient to lower the area below 1000 square feet. The width could be removed from the walkway without impact on the vehicle space. The applicant has not demonstrated that the extra width, and thus the additional 15 square feet, is necessary. Attachments: Variance application with attached letter from applicant Proposed site plan (sketch) Parking data for Falcon Heights apartment buildings with alley access Maps of the block on the south side of Larpenteur between Arona and Pascal Legal notice of public hearing, published May 12, 2009 Letter to property owners within 350 feet. Map of 350 mailed notice area Action Requested: Open Public Hearing Take comments from the public Close the Public Hearing Discussion Make a recommendation to the City Council regarding the variances requested for 1496 Larpenteur. The Commission may, at commissioners’ discretion, consider the variances separately and make separate recommendations on each: Variance of 3 feet in the side setback on the west side (Sec. 113-240(c) ) Variance of 27.5% over the 40% limit to area of structures in the required rear yard (Sec. 113-240(p) ) Variance of 15 square feet over the 1000 square feet limit for total area of detached accessory structures. (Sec. 113-240(p) )