The URL can be used to link to this page

Home My WebLink AboutBZ Packet 08.24.23If you need accommodations for the meeting please contact Rachel Juba at (651) 762-6304 or rjuba@ci.hugo.mn.us, thank you. Agenda Hugo Board of Zoning Adjustments and Appeals Thursday, August 24, 2023 Hugo City Hall 6:30 PM A. ROLL CALL: Arcand, Petty, Weidt B. APPROVAL OF MINUTES 1. October 27, 2022 C. PUBLIC HEARING 1. Nick Heinle, Prairie Homes, LLC. – Variance request for 14320 Grantaire Lane North, to allow for a window well to encroach 3 feet, 8 inches into the side yard setback where 2 feet is allowed by ordinance. D. NEW BUSINESS E. OLD BUSINESS F. ADJOURNMENT Minutes for the Board of Zoning Meeting of Thursday, October 27 , 2022 Chair Weidt called the meeting to order at 6:30 pm. PRESENT: Petty, Arcand, Weidt. ABSENT: None. STAFF: Bryan Bear, City Administrator Max Gort, Associate Planner Approval of Minutes for the BOZA Meeting of August 11, 2022 Board Member Petty made a motion, seconded by Arcand to approve minutes for the meeting of August 11, 2022. Ayes: All. Nay: None. Motion carried. Public Hearing: Susan Wolfe – 12776 Goodview Avenue North accessory building placement variance. Staff provided a background on the request submitted by Susan Wolfe located at 12276 Goodview Avenue North. The property is a 2-acre lot in the Single-Family Residential (R-3) zoning district. The request was to allow for a variance from the requirement that accessory buildings in urban residential zoning districts be placed behind the profile of the principal building in relation to the street. The applicant is constructing a 1,500 square foot building to be placed in front of the profile of the house. Staff analyzed the requests based on the criteria outlined in the City Code. Staff stated that there are practical difficulties in meeting the building placement requirement. The proposed location of the building would be adequately screened from view by existing trees. If the applicant were to locate the accessory building behind the house, substantial grading and tree removal would need to occur. The variance request meets the spirit and intent of the City Code and would not change the essential character of the neighborhood. It is in staff’s opinion that the applicant meets all requirements necessary to approve the variance request for property located at 12776 Goodview Avenue North. Staff recommended approval of the variance request. Chair Weidt opened the public hearing at 6:35pm. No one spoke. October 27, 2022 BOZA Minutes Page 2 Chair Weidt closed public hearing at 6:36pm. The Board discussed the variance application. Petty and Arcand restate that the proposal meets the necessary conditions for a variance. Board member Petty made a motion, seconded by board member Arcand, to approve the variance request for Susan Wolfe on property located at 12776 Goodview Avenue North. Ayes: All. Nay: None. Motion carried. The request will be considered at the City Council meeting of November 7th, 2022. Adjournment Board member Petty made a motion, Arcand seconded, to adjourn at 6:40pm. Ayes: All. Nay: None. Motion Carried. Respectfully Submitted, Max Gort, Associate Planner Agenda Number C.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Hugo Board of Zoning Adjustments FROM: Rachel Juba, Community Development Director SUBJECT: Nick Heinle – Prairie Homes, LLC, 14320 Grantaire Lane North. Variance request from the side yard setback for location of window wells. DATE: August 18, 2023, for the Board Meeting on August 24, 2023 ZONING: Planned Unit Development (PUD) REVIEW DEADLINE: September 29, 2023 1. DESCRIPTION OF REQUEST: The applicant is requesting a variance to allow window wells to encroach 3 feet, 8 inches into the required setback, where 2 feet is allowed by ordinance. The property is approximately .22 acres and is located within the Victor Gardens neighborhood. The setback requirements for the PUD are the following: Yard Setback Front – House Setback 15 ft Front – Garage Setback 25 ft Side – House Side 10 ft Side – Garage Side 5 ft Rear – House 25 ft Rear – Garage 5 ft 2. BACKGROUND: On June 28, 2023, there was a building permit issued for the new construction house. The survey and house plans showed the proposed encroachment of the window wells. The house is currently under construction and the window wells have already been constructed. The permit was issued in error since the window well encroachment exceeded the 2 foot encroachment allowance. It Heinle Variance – 14320 Grantaire Lane North Page 2 2 was brought to staffs attention and staff required the applicant to apply for a variance to allow the additional encroachment of 1 foot 8 inches. 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 4. ANALYSIS: A. Surrounding Land Use and Zoning The surrounding properties are zoned Planned Unit Development (PUD) in the Victor Gardens neighborhood. 5. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The requested variance is from the dimensional standards of the ordinance and is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; Window wells are allowed to encroach 2 feet into the required setback. For example, if there is a 5 foot side yard setback a window well can encroach 2 feet into the required setback. Building code requires window wells to be at least 3 feet for safe exits in case of an emergency. Because of the building code requirement, and the walls of the window wells, the applicant is requesting the window wells to encroach 3 feet 8 inches into the required side yard setbacks. The applicant is proposing to use the property in a reasonable manner. Heinle Variance – 14320 Grantaire Lane North Page 3 3 b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is a typical lot in the area. The house meets the setback requirements, but the window wells exceed the encroachment allowance by 1 foot 8 inches. If the encroachment was caught during the building permit phase the house could have been redesigned to meet the ordinance regulation. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The window wells would not noticeably change the character of the area. A permit was issued for the new house. The property owner went through the proper steps to construct the house. Staff was in error when permitting the house. Considering the unusual circumstances that led to the construction of the window wells, a case can be made that there are now practical difficulties in meeting the ordinance because of the time and materials that the applicant has put into the house. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The proposed window wells are relatively small and at grade, so as to not dominate the look of the house. The spirit and intent of the ordinance for a side yard setback is to require a minimum amount of space between buildings and the property line and to not have structures obstructing the view between buildings. Although the window wells encroach into the side yard setback, it is the staff’s opinion that the window wells are at grade and will not obstruct view, therefore would meet the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Window wells are permitted in the PUD zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by municipal sewer and water. Heinle Variance – 14320 Grantaire Lane North Page 4 4 6. CONCLUSION: It is in staff’s opinion that the applicant should be granted the variance request for the window wells that are constructed. A permit was issued for the new house. The property owner went through the proper steps to construct the house. Staff was in error when permitting the house. Considering the unusual circumstances that led to the construction of the window wells, a case can be made that there are now practical difficulties in meeting the ordinance because of the time and materials that the applicant has put into the house. 7. RECOMMENDATION: Staff recommends approval of the variance request. ATTACHMENTS: 1. Location Map 2. Resolution 3. Survey 4. Applicant’s Narrative RESOLUTION 2023-____ APPROVING A VARIANCE TO ALLOW WINDOW WELLS TO ENCROACH 3 FEET 8 INCHES INTO THE REQUIRED SIDE YARD SETBACK FOR THE PROPERTY LOCATED AT 14320 GRANTAIRE LANE NORTH WHEREAS, Nick Heinle, Prairie Homes LLC, has requested a variance to allow window wells to encroach 3 feet 8 inches into the required side yard setback on property described as follows: Lot 10, Block 3, Victor Gardens East WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance at a duly called public meeting and recommended approval, and; 1. The requested variance is from the dimensional standards of the ordinance and is permissible by law. 2. The applicant is proposing to use the property in a reasonable manner. 3. The window wells would not noticeably change the character of the area. 4. A permit was issued for the new house. The property owner went through the proper steps to construct the house. Staff was in error when permitting the house. Considering the unusual circumstances that led to the construction of the window wells, a case is made that there are now practical difficulties in meeting the ordinance because of the time and materials that the applicant has put into the house. 5. Although the window wells encroach into the side yard setback, window wells are at grade and will not obstruct view, therefore would meet the spirit and intent of the ordinance. 6. Window wells are permitted in the PUD zoning district. 7. The property is not located within a FEMA designated floodplain. 8. The property is served by municipal sewer and water. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request to allow window wells to encroach 3 feet 8 inches into the required side yard setback. Resolution 2023-_____ Page 2 ADOPTED by the City Council this 5th day of September, 2023. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk CERTIFICATE OF SURVEY ~for~ PRAIRIE HOMES LLC ~Of~ 14320 GRANTAIRE LANE NORTH HUGO, MN 91.-7.9 / �-9>8,; . �/" / GRAPHIC SCALE 20 O 10 20 -t�---------------___,/� 1 INCH = 20 FEET / / / If not in red ink, it is not an original copy 17.8 \ / 'jJ-7.13 \,,✓ ><918.4 \ \ \ x919.3 \ 918.6 •9� FNDREBAR23021 x918.5 \ 918.Bx \ 919.J FNDREBAR.23021 \ /\ X / > / \ / \ \ \ \ \ / X919.6 x919.3 x919 ,0 x919.3 \ \ \ X919.6 � 1'°..o OG.o\S\ �� x919,6 -� 19.7 � "J1,V'/� 919 � '/ 921 ··--...... 9,20 x920.8 \ \ x921.0 \ \ X919.9 x920,3 40 ! / x920.4 x919.8 x920.1 /�20,5 / LEGEND e DENOTES IRON MONUMENT FOUND 0 DENOTES IRON MONUMENT SET DIAG: 52.00 X 65.00 = 83.24 (8'4" POURED WALL BASEMENT) )8((800.0) DENOTES PROPOSED ELEVATION xlOll.2 / li'l DENOTES EXISTING ELEVATION PROPOSED ELEVATIONS \ \ \ X922.6 \ DENOTES DIRECTION OF DRAINAGE DENOTES WOOD HUB/METAL SPIKE AT 11 FOOT OFFSET (UNLESS OTHERWISE NOTED) [CJ DENOTES CABLE PEDESTAL TOP OF WALL AT HOUSE = 923.5 TOP OF WALL AT GARAGE = 922.2 GARAGE FLOOR= 921.8 LOWEST FLOOR= 915.5 TOP OF FOOTING = 915.2 (DROP GARAGE 16 INCHES) [] DENOTES ELECTRICAL BOX iTI DENOTES TELEPHONE PEDESTAL DENOTES EXISTING CONTOURS DENOTES EXISTING WATER MAIN ---->--- ' - - 7 L_ __ _J ,-;-:-:-:i L _._ ._._ _J DENOTES EXISTING SANITARY SEWER DENOTES BITUMINOUS SURFACE DENOTES CONCRETE SURFACE LOWEST ALLOWABLE FLOOR ELEVATION = 915.5 PER THE GRADING PLAN. *BUILDER TO VERIFY HOUSE DIMENSIONS, SEWER DEPTH AND FOUNDATION DEPTH. * DRIVEWAYS ARE SHOWN FOR GRAPHIC PURPOSES ONLY. FINAL DRIVEWAY DESIGN AND LOCATION TO BE DETERMINED BY CONTRACTOR. * FINISHED GRADE ADJACENT TO HOME SHALL BE 0.5 FEET BELOW TOP OF BLOCK EXCEPT AT DRIVEWAY AND PATIO. Lot 10, Block 3, VICTOR GARDENS EAST, Washington County, Minnesota. DATUM: Washington JOB NO. 230424HS \ \ \ \ SCALE: 1" = 20 ' E. G. RUD & SONS INC. \ \ \ \ I hereby certify that this plan, survey or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. By: �P�RE�ll �Ml�NA�R�Y -- Minnesota License No. -�4=15=7�8�_ REVISIONS DATE: 05-19-23 >--+---+-------+---1 DRAWN BY: RF/JN Professional Land Surveyors 6776 Lake Drive NE, Suite 11 O Lino Lakes, MN 55014 Dated 19th day of May 2023. NO. DATE DESCRIPTION BY CREW: TBD Tel. (651) 361-8200 Fax (651) 361-8701 www.egrud.com 10-3 Window Well Window Well 1 Rachel Juba From:Info Prairie Homes <info@prairiehomes-llc.com> Sent:Friday, August 18, 2023 9:11 AM To:Rachel Juba; Max Gort Subject:Variance Narrative Caution: This email originated outside our organization; please use caution. Hi Rachel, Below is the narrative for the window well variance located at 14320 Grantaire Lane N: We are requesting a variance of 1' 8" for the window well located on the south side of the home.This will allow the basement bedroom window egress to meet minimum building code of 3' wide.The variance is permissible by law. It is not a structure that protrudes above grade, it does not affect the floodplain and does not block any view. There will be a cover installed to mitigate any safety concerns along with a fence located on the East side of the window well to prevent anyone from entering the rear yard. Thanks Nick -- To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet. Cait & Nick Prairie Homes, LLC prairiehomes-llc.com