2023.11.06 RESO 2023-38 Variance for 12033 Everton

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RESOLUTION 2023-38 APPROVING A VARIANCE FROM THE REAR AND SIDE YARD REQUIREMENTS FOR PROPERTY LOCATED AT 12033 EVERTON AVENUE NORTH WHEREAS, Hunter and Brayanna Smith have requested approval of a variance to allow the proposed 1,200 square foot accessory building to be 10 feet from the rear yard property line, where 30 feet is required by ordinance, on property legally described as follows: Lots 7, 8, 9, 10, 22, 23, and 24, Block 7, Shadyside No. 4, Washington County, Minnesota. WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said variance at a duly called public hearing on October 12, 2023, and recommends approval with the following findings and conditions: 1. The proposed facilities shall be in adherence to the site plan dated September 8, 2023. 2. The proposed variance is permissible by law. 3. The existing rows of trees are to provide screening from the road, and the proposed location meets all accessory building size and placement requirements, establishing the accessory building as a reasonable use. 4. The property is constrained by sloping terrain and existing trees. The proposed location prevents the applicant from needing to grade and removing a significant amount of existing trees, creating unique circumstances that are not created by the landowner. 5. The proposed location of the building is well screened by existing trees both from the street, which does not create a visual disruption relative to the adjacent properties and road. The requested variance will not alter the essential character of the neighborhood. 6. There are practical difficulties in meeting the ordinance standards. 7. The spirit and intent of the ordinance for a rear and side yard setback is to require a minimum amount of space between buildings and the property line. It is the staff s opinion that there would be a reasonable amount of space between the accessory building and the property line, although a portion of the addition would encroach into the rear and side yard setback. The variance as requested meets the spirit and intent of the ordinance. 8. The use is allowed in the R-1 zoning district. 9. The property is not located within a floodplain area. 10. The property is served by City sewer and water.