Resolution approving a variance to decrease the corner side yard setback from ten feet (10’) to five feet, four inches (5’4”) in the O-R, Office Residential, zoning district (502 North 2nd Street); by request of Generation Properties.

Adoption of a resolution granting a variance to decrease the required corner side yard setback from ten feet (10') to five feet, four inches (5'4") in the OR, Office Residential Zoning District with the following conditions:

1. The applicant shall apply for and receive a building permit prior to making improvements associated with the proposed deck / balcony.
2. If temporary access for construction or any other means is necessary in the public way, the appropriate right of way permit, obstruction permit or others shall be obtained in accordance with City of Mankato standards prior to work occurring.
3. The proposed improvement shall not encroach into the required sight triangle nor create site line hazards for vehicles and pedestrians utilizing the adjacent right-of-ways.

Generation Properties, on behalf of the property owner, Tony Baumann, is requesting a variance from Chapter 10, Article II, Division 8, Sec.10-271 of the Mankato City Code to decrease the corner side yard setback from ten feet (10’) to five feet, four inches (5’4”) in the O-R, Office Residential, zoning district. The property is generally described as the south 40 feet of the east 73.75 feet, Lot 6, Block 19, Map of Mankato Subdivision, which is addressed as 502 N. 2nd Street. The property is the location of a building that is operating as an automobile repair business and a one-family residence.

Section 10-1465 Mankato City Code requires a corner side yard setback be provided on corner lots. Specifically, it states that “Every corner lot shall provide a required front yard and a corner side yard on the secondary street side of the lot. The width of the corner side yard shall not be less than one-half the distance of the required front yard depth requirement for the lot. The corner side yard shall extend from the front to the rear of the lot along the secondary side street. No building shall be allowed in the corner side yard, and the restrictions on parking in the front yard shall apply to parking in the corner side yard...". Because the subject property associated with this request is zoned OR, Office Residential, the required front yard setback is 20 feet (20’) and thus, the required corner side yard would then be 10 feet. The request seeks a reduction in the required corner side yard setback from ten feet (10’) to five feet, four inches (5’4”) for the purposes of constructing a second-floor balcony.

The variance is being requested in order to attach a second-floor balcony to the existing residential portion of the structure. The installation of this balcony would expand the structure 4 feet closer to Spring Street. The balcony would be installed at 14'6" inches above grade, with the proposed balcony support structure installed at 9'6" above grade. The deck/balcony is not proposed to extend beyond the existing side wall of the structure, and therefore shall not impact the existing structural rear yard setback. The applicant states that as the balcony is proposed, it would not interfere with anything from ground level to the balcony structure.

The primary structure on the subject property, the Old Town Garage, appears to have been constructed in 1930 as a Service Station for Skelly Oil Company. Similar commercially-oriented Tudor Revival-style service stations were erected throughout the United States in the 1920s-1940s. Over time, this property was subsequently remodeled to better serve as an automotive repair use rather than fuel service, and in 2001, a second-story residential component was added to the property. Aside from a remodel in 2018-19, which added the second-story patio door, the property has largely remained in the same condition.

The applicant's provided site plan states that the existing corner side yard setback is 9'4", which demonstrates that an existing encroachment into the required corner side yard already exists. The site plan shows that, with a proposed 4-foot-deep balcony, the structural setback would be narrowed to 5'4".

With site conditions predating the adoption of the current O-R, Office Residential zoning district. The subject property occupies less than 3,000 Sq. Ft. of area, which is less than the 10,000 Sq. Ft. minimum lot size current standard in the zoning district.

The surrounding properties that share the 500 Block of N. Riverfront Drive / N. 2nd Street consist of a combination of mixed-use, commercial, and residential properties with varying structural setbacks. 

Minnesota Statute §462.357 Subd. 6(2) allows variances only when: (1) the variance is in harmony with the general intent and purpose of the ordinance; (2) the variance is consistent with the comprehensive plan; and (3) practical difficulties exist, meaning (a) the property can be reasonably used without the variance, (b) the circumstances are unique and not created by the landowner, and (c) the variance will not alter the essential character of the area. Practical Difficulties Analysis:

1. Reasonableness — This factor means the landowner's desired use of the property is reasonable. For example, if the variance application is for a building that does not meet the required setback, the focus of the first factor is whether the request to place a building there is reasonable.

Applicant: “The balcony will be attached to the residential portion of the building's existing patio door, and the only access will be from the second-floor residence. The balcony structure would be made of black iron, and protrude 4 ft. from the property structure and fit in the existing older properties and retain the Old Town feel and look. The entire residential portion of the property is on the second floor, and this would be the only option for a balcony.”

Staff: The zoning of the subject property is designated as OR, Office Residential Zoning District. The purpose of this district is to “provide for medium-high-density development at strategic locations and encourage an optimum mix of office, institutional, and residential uses.” The Office Residential district is where compatible residential and light commercial uses blend together to best serve the neighborhood. The subject property itself is a blend of commercial, automobile repair and residential uses. Many such mixed-use properties were actively operating prior to their zoning designation and were determining factors in the area being zoned as Office Residential in the first place. These mixed-use properties often display features common in both commercial and residential properties and this subject property is no different. Staff believe that it is fair assessment to view attached decks / balconies as a primarily residentially-oriented architectural feature. 

Without construction of the balcony, the existing structural setback from the corner side yard property line along Spring Street is only nine feet four inches (9’4”), which is less than the code required minimum of ten feet (10’). The physical structural setbacks of the property, as well as most adjacent properties, were determined prior to designating the properties as Office Residential and assigning the district’s setback standards. Because of this condition, many, if not most, of the properties in the near vicinity have nonconforming structures.

The subject property has not been arranged in this manner due to unknown circumstances of its construction. One of the primary reasons behind the concept of Corner Side yards is to ensure that structures are setback in such a way that they safely allow pedestrian and vehicle sight lines. The installation of a second-story patio is outside the required sight-triangle, and would not impact the existing pedestrian or vehicle visibility on adjacent streets.

Due to the way the existing structures were constructed on the property, a condition that pre-dates the applicant’s ownership or control over the subject property, there is no space to install a deck or patio within the rear yard or the other side yard. Both adjacent yards do not have sufficient setbacks and are highly oriented towards adjacent residential properties. This condition has made it so that the property has virtually no side or rear yard space that could be utilized for typical residential activities, activities that could be reasonably enjoyed by adjacent properties, but not by the residents of 502 N. 2nd Street.

The residential space on this property is strictly limited to the second story of a portion of the building and, therefore, there are no outdoor residential spaces available on the property. The applicant intends to construct a minimally intrusive residential balcony to serve as this space. A four-foot (4’) deep residential balcony presents as more or less the minimum depth for any usable balcony space. For context, a sidewalk must typically be 5’ wide in order to be considered accessible. Allowing the proposed improvement appears to create the most minimal level of non-conformance whilst ensuring reasonable use of the property.

2. Uniqueness — The second factor is that the landowner’s desired use is not possible due to circumstances unique to the property that were not caused by the landowner or by the landowner’s desire to do something the code does not allow. The uniqueness generally relates to the physical characteristics of the particular piece of property, that is, to the land, and not the personal characteristics or preference of the landowner. When considering the variance for a building encroaching into a setback, the focus factor is whether there is anything physically unique to the property, for example, sloping topography or wetlands.

Applicant: “The building has many grandfathered-in features currently. The garage and residential portion of the building at present are within the 10-foot setback at 9 ft. 4 inches from property marker. Which would have the face of the balcony 5 ft. 4 inches from the property marker, 14 ft. 6 inches in the air and will not interfere with anything below. Also is 2 feet farther inside property marker than the neighboring houses front stoop. The side yard setback of Spring Street facing towards North Riverfront Drive is currently 1.6 ft. from property line boarding an 8ft. stripe of driveway also owned by applicants adjoining 2nd St property, which is 3 feet from the non-owned neighboring structure on Spring Street. Many neighboring properties on both Spring Street and 2nd Street have much shorter setbacks as well.”

Staff: The subject property and its associated structures were uniquely constructed on a very small lot in close proximity to adjacent residential uses in the 1930s. The primary structure on the subject property was erected in 1930, with site conditions predating the adoption of the current O-R, Office Residential zoning district. The subject property occupies less than 3,000 Sq. Ft. of area, which is far less than the 10,000 Sq. Ft. minimum lot size current standard in the zoning district. The already minuscule lot is also a corner lot. Corner lots under the current zoning code must be larger/wider than standard lots to ensure that a reasonably sized structure can still be built despite the larger setbacks, sight triangle standards, and driveway egress difficulties that accompany corner lots. Said standards were not in place when the structure was built.

The applicant has demonstrated that there are unique existing physical conditions on the property.

3. Essential Character — Under this factor, the Council should consider whether the resulting structure will be out of scale, out of place, or otherwise inconsistent with the area. For example, when thinking about the variance for an encroachment into a setback, the focus is on how the particular structure will look and operate closer to the lot line than typically required and if it fits well with the character of the area.

Applicant: “The balcony will be a second-floor structure made of black iron and should blend into the neighborhood aesthetics nicely. It will have an old look to it to compliment surrounding properties.”

Staff: The applicant has not proposed to alter or increase the intensity of the use of the property. As no alteration to the use of the site is proposed to occur, and the applicant simply intends to enhance the residential portion of the property, impacts to the existing essential character of the neighbor are likely negligible.

The subject property lies just east of the Old Town area, within a neighborhood that organically grew to encompass historic commercial, institutional, and residential uses. Additionally, due to its placement along 2nd Street and very close proximity to North Riverfront Drive and the historic North Front Street Commercial District, the presence of a service station on a corner lot would have been a highly advantageous condition. As of this application, there are two other service stations close to this property that share boundaries with residential uses. Despite this property no longer operating as a service station in the historical sense, the existing use of the property remains in character with the surrounding neighborhood. Just to the west of this property is Old Town, which is primarily populated with multi-story mixed-use buildings that feature second and third-story residential dwelling spaces. Due to historic fire code standards and the desires of residents, many of these structures have or had above-grade egresses. These egress-points are as simple as a second-story staircase to complex patio spaces. It is also not uncommon within the area for strictly residential properties to have above-grade accesses. The applicant is proposing to construct a second-story attached deck without any stairwell, which we could define as a balcony. Due to the lack of connection between the balcony and the ground, a balcony should be judged as a less intrusive residential feature than a stairwell or a patio and staircase, as it is common within the area.

It would not alter the essential character of the area to reduce the required corner side yard setback in order to construct a second-story balcony. Additionally, due to the era in which the 502 North 2nd Street property was improved, a great number of undersized lots are present within close proximity of the subject property. Given the existing placement, character, and types of structures on adjacent properties, the proposed balcony would be consistent with the essential character of the neighborhood. 

4. Harmony with the Intent of Zoned Area as set forth in the Ordinance — In addition to the three-factor practical difficulties, city staff has made findings during the evaluation of the variance regarding harmony with the general purposes and intent of the ordinance.

Applicant: “Being an old structure, with neighboring properties closer to the Spring Street property lines than this property. The home next door is 2 feet closer to the property line, with a front stoop extending 2 feet beyond this balcony.”

Staff: As previously stated, "the intent of the OR, Office Residential Zoning District ordinance is to provide for medium-high-density development at strategic locations and encourage an optimum mix of office, institutional, and residential uses." These zoning standards are established to ensure the purpose of this district is fulfilled and include use limitations, setbacks, lot sizes, and densities. As the property currently stands, its use, setback, lot area, frontage, ground coverage, and transitional buffer standards are in a state of legal non-conformance.  The creation of these conditions predates the adoption of this ordinance and are permitted at this time as a legal nonconformity.

Under Section 10-1467 of the Mankato City Code, “in a block where the average of the front yard of existing improved lots within a distance of 100 feet on both sides of a lot is not more than six feet or not less than six feet than the required front yard, the required front yard for the lot shall be the front yard average of the improved lots. Where the average is greater than six feet or fewer than six feet, the zoning administrator shall establish the required front yard”. This portion of the code is known as the “front yard exception” and exists to account for these conditions, where the property was improved prior to the standards being set. Staff acknowledge that the current structural setbacks largely mirror those of the adjacent properties. As the only proven front yard setback we have is that of 502 North 2nd Street, which is 12’7”, the exception could allow for a decrease in the required corner side yard from 10’ to 7’ or 6’4”. This ordinance did not provide enough of an exception to allow the balcony to be installed. As this particular ordinance is in place to mitigate these conditions, and yet it was not able to be effectively applied in this instance, it can be reasonably concluded that it is in the spirit of the Zoning ordinance to allow smaller setbacks in instances such as this. Given the existing structural setbacks of this property and adjacent properties, which could typically enable a reduced setback standard without granting a variance, the proposed improvement would be in harmony with the intent of the ordinance.

5. Consistencies with Uses set forth in the Comprehensive Plan — City staff have made findings during the evaluation of the variance based on consistency of the proposed use with the comprehensive plan. Use of the subject property is not indicated to change with approval of the variance, as the installation of a residential balcony within a property designated for Office Residential is consistent with the comprehensive planning policies of the City of Mankato.