b.
City Board of Adjustment
- Meeting Date:
- 07/01/2020
- SUBJECT
- City Variance 1313 - 521 Judith Lane
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1313 - 521 Judith Lane - This is a variance from 27-310(i) requiring a minimum of eight foot side setback when the structure is greater than 18 feet in height, to allow a three foot side setback; 27-310(i) requiring the side wall height of a detached structure be no greater than the side wall height of the existing residential structure to allow 14-foot side walls; and from 27-310(i) requiring a maximum detached structure footprint of 1,386 square feet to allow maximum footprint of 2,100 square feet in a Residential-7000 (R-70) zone, on Lot 10 and the East ½ of Lot 11, Block 2, Broadmoor Subdivision, a 36,124 square foot parcel of land. The purpose of the variance is to allow construction of a new detached garage. Presented by: Karen Husman, Planner 1.
RECOMMENDATION
Planning staff has reviewed this application and is forwarding a recommendation of denial for the variance based on the determinations for review provided within this report.
APPLICATION DATA
OWNERS: Robert Ybarra II
PURPOSE: To allow a 2,100 sf garage with 14 ft side wall and a 3 ft side setback
LEGAL DESCRIPTION: Lot 10, and east 1/2 of Lot 11, Blk 2 Broadmoor Sub.
ADDRESS: 521 Judith Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70
PURPOSE: To allow a 2,100 sf garage with 14 ft side wall and a 3 ft side setback
LEGAL DESCRIPTION: Lot 10, and east 1/2 of Lot 11, Blk 2 Broadmoor Sub.
ADDRESS: 521 Judith Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | VARIANCE # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SIMILAR PROPERTY | |||||
| 420 Judith Lane | 912 | Side SB from 8' to 5' | Y | Existing structure | |
| 1407 Lake Elmo | 1005 | 5/2/2007 | Sidewall 11’6” | Y | New Detached Garage |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: R-70
Land Use: Residential
SOUTH: Zoning: RMF & HC
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: R-70
Land Use: Residential
Land Use: Residential
SOUTH: Zoning: RMF & HC
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: R-70
Land Use: Residential
BACKGROUND
The applicant is requesting a variance to allow a three foot side setback, a side wall of 14 feet in height and to allow a maximum footprint of 2,100 square feet for a new detached structure in a R-70 zone. The purpose of the variance is to allow construction of a new detached garage larger than the existing dwelling, with a higher side wall then the residential structure and closer to the property line than the 8 feet required for a structure of 18 feet or greater in height.
While the proposed height of the new garage will meet the height limitations in this zoning district, the height and mass of the proposed detached garage is significant compared to the homes and garages in the immediate area of the subject property. The code allows one 1,386 square foot detached accessory buildings on the lot. The detached garage could be built to meet the size, wall height and setbacks allowed by the zoning regulations. There are not any topographical or other reasons causing a hardship that would prevent the applicant from meeting the restrictions of the zoning regulations.
While the proposed height of the new garage will meet the height limitations in this zoning district, the height and mass of the proposed detached garage is significant compared to the homes and garages in the immediate area of the subject property. The code allows one 1,386 square foot detached accessory buildings on the lot. The detached garage could be built to meet the size, wall height and setbacks allowed by the zoning regulations. There are not any topographical or other reasons causing a hardship that would prevent the applicant from meeting the restrictions of the zoning regulations.
SUMMARY
Variance 1313
STAFF DETERMINATIONS
The Board of Adjustment shall make the following determinations prior to granting a variance:
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
There are no special circumstances that exist which are peculiar to the land. The applicant has not stated a hardship with the property, other than they would like a larger garage than allowed, with taller sidewalls and closer to the property line. While the proposed height of the new garage will meet the height limitations in this zoning district, the height and mass of the proposed detached garage is significant compared to the homes and garages in the immediate area of the subject property. The code allows one 1,386 square foot detached accessory building on the lot. The detached garage could be built to meet the size, wall height and setbacks allowed by the zoning regulations. There are not any topographical or other reasons restricting the applicant from meeting the restrictions of the zoning regulations.
2. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
Allowing the variance would give the applicant rights not commonly enjoyed by other tracts in the same district. There have been two variances granted in the area or surrounding neighborhoods, however not as significant as this request. The literal interpretation of the provisions of this Chapter would not deprive the applicant of rights commonly enjoyed by other tracts in the same district; therefore, denying the applicant a variance for a garage larger than allowed would not deprive the applicant rights commonly enjoyed by other properties in the district. Other lots in this subdivision have developed as defined by the zoning code.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
Granting this variance for a detached garage foot print of 2,100 square feet and a variance from the wall height restriction of no higher than the wall height of the existing single family dwelling at 10 feet, to a height of 14 feet for the proposed garage, and a variance from the setback restrictions for a structure over 18 feet in height from 8 feet side to 3 feet as proposed in a R-96 zone would confer a special privilege to this applicant as similar sized detached barns and garages are not apparent in this subdivision and in similar neighborhoods. Granting the variance requested will confer on the applicant a special privilege that is denied by this Chapter to other land in the same district.
4. That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
The variance is not in harmony with the general purpose and intent of the zoning regulations and the growth policy.
5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter;
Staff has no conditions for a recommendation of denial.
6. The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance; and
There would be no time limit with a recommendation of denial.
7. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
Granting this variance will not approve a use that is not otherwise allowed in the R-70 zoning district. Detached garages and accessory buildings are allowed in the residential zoning districts, however the size, wall height and setback requested is inconsistent with limitations placed on property in the district.
STAFF DETERMINATIONS
The Board of Adjustment shall make the following determinations prior to granting a variance:
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district;
There are no special circumstances that exist which are peculiar to the land. The applicant has not stated a hardship with the property, other than they would like a larger garage than allowed, with taller sidewalls and closer to the property line. While the proposed height of the new garage will meet the height limitations in this zoning district, the height and mass of the proposed detached garage is significant compared to the homes and garages in the immediate area of the subject property. The code allows one 1,386 square foot detached accessory building on the lot. The detached garage could be built to meet the size, wall height and setbacks allowed by the zoning regulations. There are not any topographical or other reasons restricting the applicant from meeting the restrictions of the zoning regulations.
2. That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
Allowing the variance would give the applicant rights not commonly enjoyed by other tracts in the same district. There have been two variances granted in the area or surrounding neighborhoods, however not as significant as this request. The literal interpretation of the provisions of this Chapter would not deprive the applicant of rights commonly enjoyed by other tracts in the same district; therefore, denying the applicant a variance for a garage larger than allowed would not deprive the applicant rights commonly enjoyed by other properties in the district. Other lots in this subdivision have developed as defined by the zoning code.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
Granting this variance for a detached garage foot print of 2,100 square feet and a variance from the wall height restriction of no higher than the wall height of the existing single family dwelling at 10 feet, to a height of 14 feet for the proposed garage, and a variance from the setback restrictions for a structure over 18 feet in height from 8 feet side to 3 feet as proposed in a R-96 zone would confer a special privilege to this applicant as similar sized detached barns and garages are not apparent in this subdivision and in similar neighborhoods. Granting the variance requested will confer on the applicant a special privilege that is denied by this Chapter to other land in the same district.
4. That the granting of the variance will be in harmony with the general purpose and intent of this Chapter and with the Growth Policy;
The variance is not in harmony with the general purpose and intent of the zoning regulations and the growth policy.
5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Chapter. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Chapter;
Staff has no conditions for a recommendation of denial.
6. The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance; and
There would be no time limit with a recommendation of denial.
7. Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this Chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
Granting this variance will not approve a use that is not otherwise allowed in the R-70 zoning district. Detached garages and accessory buildings are allowed in the residential zoning districts, however the size, wall height and setback requested is inconsistent with limitations placed on property in the district.
RECOMMENDATION
Planning staff has reviewed this application and is forwarding a recommendation of denial for the variance based on the determinations for review provided within this report.