City Variance 1321- 1503 12th Street West - 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 allowing 12-foot side walls, and from 27-310(i) requiring a maximum detached structure footprint of 1,000 square feet allowing a maximum footprint of 1,080 square feet in a Residential 6,000 (R-60) zone, on Block 2, Lot 8, Van Bramer Subdivision, an 8,620 square foot parcel of land. The purpose of the variance is to allow construction of a new detached garage. Tax ID: A17211.

Staff recommends conditional approval of the variance based on the criteria for variances provided in the summary section of this report.

OWNERS: Randy & Susan Maul
PURPOSE: The purpose of the variance is to allow construction of a new detached garage
LEGAL DESCRIPTION: Block 2, Lot 8, Van Bramer Subdivision
ADDRESS: 1503 12th St. W
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-60

None.

SUBJECT PROPERTY	VARIANCE #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
1119 Pepper Lane	1320	10/4/20	Side wall 12’-1008 sf	y	Detached garage
1407 Lake Elmo	1005	5/2/2007	Sidewall 11’6”	Y	Detached Garage
521 Judith Lane	1313	8/1/20	Side wall 12’	y	Detached garage
1109 Fredrick Lane	None		Garage over 1000sf		Detached garage
1112 Avenue E	None		Garage over 1000 sf		Detached Garage 1280sf
1102 19th St. w 1113 19th St. w	None		Larger garage		Garage constructed larger than 1000sf.
1111 Avenue D	None		Larger garage		Detached Garage 1200sf

NORTH: Zoning: R-60
Land Use: Residential & Residential Multi Family
SOUTH: Zoning: R-60
Land Use: Residential & Residential Multi Family
EAST: Zoning: R-60
Land Use: Residential  & Residential Multi Family
WEST: Zoning: R-60
Land Use: Residential  & Residential Multi Family

The applicant is requesting a variance from requiring the side wall height of a detached structure be no greater than the side wall height of the existing residential structure which would allow 12-foot side walls, and from requiring a maximum detached structure footprint of 1,000 square feet allowing a maximum footprint of 1,080 square feet. The purpose of the variance is to allow construction of a new detached garage.

The applicant would like to remove an existing garage and build a new garage with a higher side wall and more square feet of footprint. Although there have not been similar variances granted in the district, there are existing detached garages in the surrounding neighborhoods that exceed the allowed square foot maximum that have not received a variance.

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.  The code allows a 1,000 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 1,080 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-60 zone would not confer a special privilege to this applicant as similar sized detached 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.   
 
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. Approval for a variance from 27-310(i) to allow 12-foot side walls, and to allow maximum footprint of 1,080 square feet in a R-70 zone. The purpose of the variance is to allow construction of a new detached garage.  No other variance is intended or implied.
2. The variance is limited to Block 2, Lot 8, Van Bramer Subdivision, 1503 12^th Street W. 
3. The applicant will submit and obtain a building permit for the garage within 1 year of variance approval and have it 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 a 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-60 zoning district. Detached garages and accessory buildings are allowed in the residential zoning districts.

Staff recommends conditional approval of the variance based on the criteria for variances provided in the summary section of this report.