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Home My WebLink About#11 - 8323 Deer Pond Trl VariancePUBLIC HEARING ITEM 4C – ACTION ITEM STAFF REPORT DATE: 10/3/17 REGULAR MOTION TO: City Council FROM: Emily Becker, Planning Director AGENDA ITEM: Front Yard Setback Variance from Rural Single Family Zoning District Standards REVIEWED BY: Joan Ziertman, Planning Program Assistant BACKGROUND: The City has received a request from Ben Ostarello for a variance from the minimum front setback standards for the Rural Single Family zoning district in order to add an additional stall to an existing attached garage on the property located at 8323 Deer Pond Trail North. ISSUE BEFORE COUNCIL: The Council is being asked to review and consider approval of the above-mentioned request. REQUEST DETAILS/ANALYSIS: Existing Land Use/Zoning: Single-family detached residential home guided for Rural Single Family / Rural Single Family. Surrounding Land Use/ Zoning: Surrounded by single family homes and guided for Rural Single Family / Rural Single Family. History: The property has long been used as a single-family detached dwelling. Deadline for Action: Application Complete – 8/28/2017 60 Day Deadline – 10/27/2017 Extension Letter Mailed – N/A 120 Day Deadline – N/A Applicable Regulations: • Article V - Zoning Administration and Enforcement • Article IX – Rural Districts Variance Request. The applicant is requesting a setback from the minimum front property line setback required within the Rural Single Family (RS) Zoning District. Per Section 154.033 (D) of the Zoning Code, the RS district requires a minimum 30 foot setback from the property line. 2 PUBLIC HEARING ITEM 4C – ACTION ITEM Reason for Request. The reason for the request is to construct a third stall addition on to the existing two stall garage. The encroachment in to the front yard setback would be 8’6”. The applicant’s home was built in 1973, prior to the existence of current zoning standards and is sited at an angle. Any garage addition that would not require a variance from the front setback standards would drastically change the look of the existing property as well as significantly increase the amount of impervious surface on the site. All other standards of the Zoning Code are met. The proposed impervious surface is 11.5%, which is under the 15% maximum allowed impervious surface in the shoreland district. Additionally, the garage is not larger than the footprint of the principal structure, as required by Section 154.406. Further, the Rural District code does not prohibit attached garages from being nearer the front lot line than the principal structure; this standard only applies to detached structures. REVIEW AND ANALYSIS: An applicant must establish and demonstrate compliance with the variance criteria set forth in Lake Elmo City Code Section 154.017 before an exception or modification to city code requirements can be granted. These criteria are listed below, along with comments from Staff regarding applicability of these criteria to the applicant’s request. 1) Practical Difficulties. A variance to the provision of this chapter may be granted by the Board of Adjustment upon the application by the owner of the affected property where the strict enforcement of this chapter would cause practical difficulties because of circumstances unique to the individual property under consideration and then only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. Definition of practical difficulties - “Practical difficulties” as used in connection with the granting of a variance, means that the property owner proposes to use the property in a reasonable manner not permitted by an official control. FINDINGS: The house, which was built prior to current zoning standards, is unique in that the house is sited at an angle, whereas surrounding the faces of garages of surrounding houses are perpendicular to the street. Had the face of the garage been perpendicular to the street, an addition to the garage could have been constructed without the need for a variance. It is not proposed that the principal structure expand in to the front setback, only a portion of the attached garage. 2) Unique Circumstances. The plight of the landowner is due to circumstances unique to the property not created by the landowner. FINDINGS: The house was constructed prior to current zoning standards and is sited at an angle, requiring any expansion of the existing garage to require a variance from the minimum front yard setback requirements. 3) Character of Locality. The proposed variance will not alter the essential character of the locality in which the property in question is located. FINDINGS: The proposed variance will allow an expansion of an existing garage, only requiring a minor alteration to the existing structure, as opposed to requiring construction of an entirely new garage. One of two trees will require removal, but the remaining pine tree provides some screening from the garage. The design and color of the exterior building materials of the addition are similar or compatible with the existing garage and principal building. 4) Adjacent Properties and Traffic. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially 3 PUBLIC HEARING ITEM 4C – ACTION ITEM increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. FINDINGS. The proposed variance will not impair an adequate supply of light and air to properties adjacent to the subject property, increase congestion of public streets or substantially diminish or impair property values within the neighborhood. Planning Commission Review. The Planning Commission considered the above-mentioned request at its September 25, 2017 meeting and recommended approval with a vote of 7-0. No one spoke at the public hearing, but two written comments were received in advance of the public hearing expressing support for the requested variance. FISCAL IMPACT: Staff has not found that the proposed variance will have any fiscal impact to the City. OPTIONS: The Council may: • Recommend approval of the proposed variance. • Recommend approval of the proposed variance with conditions. • Recommend denial of the variance, citing recommended findings of fact for denial. RECOMMENDATION: Staff and the Planning Commission recommend approval of the request from Ben Ostarello for a variance from the City’s Rural Single Family front yard minimum setback requirements for the property located at 8323 Deer Pond Trail N. “Move to adopt Resolution 2017-103 approving the request from Ben Ostarello for a variance from the City’s Rural Single Family minimum front yard setback requirements for the property located at 8323 Deer Pond Trail N.” ATTACHMENTS: 1) Variance application and narrative 2) Proposed Site Plan 3) Resolution 2017-103 W. E. McCrum, Architect1998 Arkwright StreetMaplewood, Minnesota 55117(651) 329-6966bmc55105@gmail.com 11 Resolution 2017-103 1 CITY OF LAKE ELMO WASHINGTON COUNTY STATE OF MINNESOTA RESOLUTION 2017-103 A RESOLUTION APPROVING A VARIANCE FROM MINIMUM FRONT YARD SETBACK STANDARDS WITHIN THE RURAL SINGLE FAMILY ZONING DISTRICT WHEREAS, the City of Lake Elmo is a municipal corporation organized and existing under the laws of the State of Minnesota; and WHEREAS, Ben Ostarello, 8323 Deer Pond Trail N, Lake Elmo, MN 55042 (“Applicant”), has submitted an application to the City of Lake Elmo (the “City”) for a variance from the minimum front yard setback requirements of the Rural Single Family zoning district. WHEREAS, notice has been published, mailed and posted pursuant to the Lake Elmo Zoning Ordinance, Section 154.109; and WHEREAS, the Lake Elmo Planning Commission held a public hearing on said matter on September 25, 2017; and WHEREAS, the Lake Elmo Planning Commission has submitted its report and recommendation to the City Council as part of a Staff Memorandum dated September 25, 2017; and WHEREAS, the City Council considered said matter at its October 3, 2017 meeting. NOW, THEREFORE, based on the testimony elicited and information received, the City Council makes the following: FINDINGS 1) That the procedures for obtaining said Variance are found in the Lake Elmo Zoning Ordinance, Section 154.109. 2) That all the submission requirements of said Section 154.109 have been met by the Applicant. 3) That the proposed variance includes the following components: a) A variance from the minimum front yard setback requirements of the Rural Single Family zoning district to allow a front yard setback for a garage of 21 feet 6 inches. Resolution 2017-103 2 4) That the Variance will be located on property legally described as follows: OACE ACRES 5TH ADD Lot 2 Block 1 Subdivision Cd 37549. PID# 09.029.21.34.0002. 5) That the strict enforcement of Zoning Ordinance would cause practical difficulties and that the property owner proposes to use the property in a reasonable manner not permitted by an official control. Specific findings: The house, which was built prior to current zoning standards, is unique in that the house is sited at an angle, whereas the faces of garages of the surrounding houses are perpendicular to the street. Had the face of the garage been perpendicular to the street, an addition to the garage could have been constructed without the need for a variance. It is not proposed that the principal structure expand in to the front setback, only a portion of the attached garage. 6) That the plight of the landowner is due to circumstances unique to the property not created by the landowner. Specific findings: The house was constructed prior to current zoning standards and is sited at an angle, requiring any expansion of the existing garage to require a variance from the minimum front yard setback requirements. 7) That the proposed variance will not alter the essential character of the locality in which the property in question is located. Specific findings: The proposed variance will allow an expansion of an existing garage, only requiring a minor alteration to the existing structure, as opposed to requiring construction of an entirely new garage. One of two trees will require removal, but the remaining pine tree provides some screening from the garage. The design and color of the exterior building materials of the addition are similar or compatible with the existing garage and principal building. 8) That the proposed variance will not impair an adequate supply of light and air to properties adjacent to the property in question or substantially increase the congestion of the public streets or substantially diminish or impair property values within the neighborhood. Specific findings: The proposed variance will not impair an adequate supply of light and air to properties adjacent to the subject property, increase congestion of public streets or substantially diminish or impair property values within the neighborhood. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted. Passed and duly adopted this 3rd day of October 2017 by the City Council of the City of Lake Elmo, Minnesota. __________________________________ Mike Pearson, Mayor ATTEST: ________________________________ Julie Johnson, City Clerk