City Variance 1313 (Continued from July 1, 2020)– 521 Judith Lane – Detached structure size and height - A variance from 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 12-foot side walls, and from 27-310(i) requiring a maximum detached structure footprint of 1,386 square feet to allow a maximum footprint of 1,575 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.

Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.  

OWNERS: Robert Ybarra II
PURPOSE: To allow a 1,575 sf garage with 12 ft side wall
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

None

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
1407 Lake Elmo	1005	5/2/2007	Sidewall 11' 6"	Y	New Detached garage
420 Sioux Lane	NA		1500sf garage		No record of variance
506 Sioux Lane	NA		1800 sf garage		No record of variance
427 Judith Lane	NA		1500 sf garage		No record of variance
432 Judith Lane	NA		1800 sf garage		No record of variance
1307 Lake Elmo	NA		1400 sf garage		No record of variance

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 

The applicant is requesting a variance to allow a side wall of 12 feet in height and to allow a maximum footprint of 1,575 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 allowed in the district, with a higher side wall then the residential structure. 
 
The applicant submitted their application for the public hearing on July 1, 2020, in an effort to receive approval for a 2,100 square foot detached structure with 14 foot side walls and a 5 foot setback.  The during the public hearing, the BOA heard testimony and voted to allow the applicant additional time to amend their request to a smaller size and height.  The applicant submitted to the Planning Division a new site plan and elevation detailing the amendments they were requesting.  The code allows one 1,386 square foot detached accessory buildings on the lot. The detached garage could be built to meet the size and wall height 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, however there are other similar sized detached structures in the area.  The amended request would not confer a special privilege to this applicant as similar sized detached garages are apparent in this subdivision and in similar neighborhoods.  

 

STAFF DETERMINATIONS
VARIANCE 1313
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.  The code allows a 1,386 square foot detached accessory building on the lot. The detached garage could be built to meet the size and wall height 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 commonly enjoyed by other tracts in the same district. There have been few variances granted in the area or surrounding neighborhoods, similar to this request. The literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district; therefore, denying the applicant a variance for a garage larger and with higher side walls than the residential structure would deprive the applicant rights commonly enjoyed by other properties in the district.  
 
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 1,575 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 12 feet for the proposed garage in a R-70 zone would not confer a special privilege to this applicant as similar sized detached barns and garages are apparent in this subdivision and in similar neighborhoods.  Granting the variance requested will not 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;
This variance is in harmony with the general purpose and intent of the zoning regulations and the growth policy, as well as the Heights Neighborhood Plan.   
 
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 is recommending the following conditions for the variance request;

1. The variance from 27-310(i) to allow 12-foot side walls, and allow maximum footprint of 1,575 square feet in a Residential-7000 zone. The purpose of the variance is to allow construction of a new detached garage. No other variance is intended or implied with this approval.
2. The variance is limited to Lot 10 and the East ½ of Lot 11, Block 2, Broadmoor Subdivision, a 36,124 square foot parcel of land.  Any future construction will require compliance with all other zoning regulations and city ordinances that apply at the time of construction or re-construction.
3. The applicant will submit and obtain a building permit for the garage within 1 year of variance approval and have the garage completed within 2 years.
4. The applicant will construct the garage in substantial conformance to the drawings submitted with this variance request.
5. Construction or demolition activity will not occur prior to 7 am or after 8 pm daily.
6. The applicant shall meet all other city code requirements for the proposed garage with the exception of this variance.
7. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.    
8. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.

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
The property owner shall apply for and receive approval of a building permit to construct the garage within 1 year  and complete construction within 2 years from BOA approval. 
 
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.
 

Planning staff has reviewed this application and is forwarding a recommendation of conditional approval of the variance based on the determinations for review provided within this report.