CYV04-26

Request of Generation Properties, on behalf of the property owner Tony Baumann, for 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 variance is being requested in order to allow for the construction of a new, attached deck. The property is described as the south 40’ of the east 73.75 feet, Lot 6, Block 19, Map of Mankato subdivision, Blue Earth County (502 N. 2nd Street).
 

The applicant is Generation Properties, on behalf of the property owner, Tony Baumann.

The applicant is seeking a variance to allow a decrease in the required 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 located at 502 N. 2nd Street and is described as the south 40 feet of the east 73.75 feet, Lot 6, Block 19, Map of Mankato Subdivision, Blue Earth County.

The property is currently a mixed use, as an auto shop with an attached residential dwelling component. The auto show is commonly known as the "Old Town Garage". 

The subject property is zoned O-R, Office-Residential District.

There are no known environmentally sensitive areas present on or directly adjacent to the subject property. 

Public utilities currently serve the subject property. No modifications to City Services are proposed with this variance request. 

The applicant, 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 variance is being requested in order to allow for the construction of a new, attached deck (balcony). The subject property is addressed as 502 N. 2nd Street, Mankato, MN 56001. 

Mankato City Code requires that structures provide setbacks from the property line, including a setback of a balcony/deck from the property line. The required setbacks are determined based on the zoning district, and the proposed use of the property. The applicant intends to attach a second floor balcony to the existing residential portion of the structure, extending an additional 4 feet, making the balcony 5'4" inches from the property line instead of 10 feet. The balcony would be installed at 14'6" inches above grade, with the proposed 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 does not interfere with anything from ground level to the balcony structure. Of note, the property consists of a singular structure containing an auto shop and a primarily second-floor residential dwelling.

Site Conditions:
The primary structure on the subject property was erected in the 1930s, 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 10,000 Sq. Ft. minimum lot size current standard in the zoning district. 

The second-story residential component of the property appears to have been added in 2001, followed by the existing sliding glass patio door in 2018/2019.

The subject property is bound by N. 2nd Street roughly to the east and E. Spring Street roughly to the south. Due to these conditions, the property is considered a corner lot and subject to corner side yard setbacks and sight triangle limitations.

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". 

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.  

Corner Side Yard Setback:
The subject property is considered a Corner Lot due to its location along N. 2nd Street and E. Spring Street. 

Section 10-1465 of the Mankato City Code defines the setback requirements for Corner Lots. It reads: "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 front yard setback in the O-R Zoning District is 20 feet, the required corner side yard would then be 10 feet. The applicant is requesting to decrease the required corner side yard setback from ten feet (10’) to five feet, four inches (5’4”). 

Narrative:
The applicant provided responses to the following Variance Request Application Questions:

1. In your opinion, is the variance in harmony with the purposes and intent of the ordinance? "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 front stoop extending 2 feet beyond this balcony."
2. In your opinion, is the variance consistent with the comprehensive plan? "I assume the comprehensive plan would be to keep the neighborhood ascetics fairly balanced. This project has a very good Old Town feel to it and fits in nicely with neighboring properties, and in no way interfere with any other properties."
3. In your opinion, does the proposal put the property to use in a reasonable manner? "The balcony will be attached to the residential portion of the buildings 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 on the property is on the second floor, and this would be the only option for a balcony."
4. In your opinion, are there circumstances unique to the property? "The building has many grandfathered-in features currently. The garage and residential portion of the building at present are within the 10 foot set back at 9 ft. 4 inches from property marker. Which would have the face pf 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 next door neighboring houses front stoop. The side yard setback of Spring Street facing towards N. Riverfront Dr is currently 1.6 ft. from property line boarding an 8ft. stripe of driveway also owned by applicants adjoining 2nd St property , which is 3ft. from non owned neighboring structure on Spring St. Many neighboring properties on both Spring St and 2nd St have much shorter setbacks as well."
5. In your opinion, will the variance maintain the essential character of the locality? "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."