b.
City Board of Adjustment
- Meeting Date:
- 10/07/2020
- SUBJECT
- City Variance 1320 - 1119 Pepper Lane - Garage size and wall height
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
City Variance 1320 - 1119 Pepper Lane - 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 1,000 square feet to allow maximum footprint of 1,008 square feet in a Residential 7,000 (R-70) zone, on Block 1, Lot 10 & 11 Marilyn Sub., a 8,875 square foot parcel of land. The purpose of the variance is to allow construction of a new detached garage. Presented by Karen Husman, Planner I
RECOMMENDATION
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.
APPLICATION DATA
OWNERS: Brian Zweegman
PURPOSE: The purpose of the variance is to allow construction of a new detached garage
LEGAL DESCRIPTION: Blk 1, Lt 10 & 11, Marilyn Sub.
ADDRESS: 1119 Pepper Lane
EXISTING LAND USE: Residential
PROPOSED LAND USE: Residential
EXISTING ZONING: R-70
PURPOSE: The purpose of the variance is to allow construction of a new detached garage
LEGAL DESCRIPTION: Blk 1, Lt 10 & 11, Marilyn Sub.
ADDRESS: 1119 Pepper 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 | ||
| 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 | ||
| 1102 19th St. W 1113 19th St. W |
None | Larger garage | Detached Garage | ||
| 1112 Fredrick Lane | none | Garage 1500sf | Detached Garage |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: Public
Land Use: Trail's End Park
SOUTH: Zoning: R-70
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: R-70
Land Use: Residential
Land Use: Trail's End Park
SOUTH: Zoning: R-70
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: R-70
Land Use: Residential
BACKGROUND
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 to allow 12-foot side walls, and from requiring a maximum detached structure footprint of 1,000 square feet to allow maximum footprint of 1,008 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 a few more square feet of floor area. There are existing detached garages in the neighborhood that exceed the allowed square foot maximum that have not received a variance. There have been variances for higher side walls on a detached structures granted in similar neighborhoods.
The applicant would like to remove an existing garage and build a new garage with a higher side wall and a few more square feet of floor area. There are existing detached garages in the neighborhood that exceed the allowed square foot maximum that have not received a variance. There have been variances for higher side walls on a detached structures granted in similar neighborhoods.
SUMMARY
Variance 1320
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 a 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 1,008 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 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;
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 one year, and complete construction within two 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.
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 a 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 1,008 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 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;
- The variance is 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 1,000 square feet to allow maximum footprint of 1,008 square feet in a Residential 7,000 (R-70) zone. The purpose of the variance is to allow construction of a new detached garage. Tax ID: A10870. No other variance is intended or implied with this approval.
- The variance is limited to Block 1, Lot 10 & 11 Marilyn Sub., a 8,875 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.
- The applicant will submit and obtain a building permit for the garage within one year of variance approval and have the building completed within two years.
- The applicant will construct the garage in substantial conformance to the drawings submitted with this variance request.
- Construction or demolition activity will not occur prior to 7 am or after 8 pm daily.
- The applicant shall meet all other city code requirements for the proposed garage with the exception of this variance.
- Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
- 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 one year, and complete construction within two 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.
RECOMMENDATION
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.