PUBLIC HEARING: Consider Request for a Variance to Construct a Deck at 5364 142nd Circle NW (Project No. 23-108); Case of Paul and Heather Anderson

The City received an application for a Building Permit on May 12, 2023 for a proposed deck at 5364 142nd Circle NW (the "Subject Property").  As part of the plan review, Planning Staff noted that the deck appeared to encroach on the required setback along Dysprosium Street and notified the contractor, who in turn worked with Paul and Heather Anderson (the "Applicant") to submit an application for a variance.

Staff attempted to notify property owners within 350 feet of the Subject Property, as reflected in the Anoka County Property Records, of the request for a variance to setbacks and the Public Hearing the Planning Commission would hold on June 22, 2023.  A notice of the Public Hearing was published in the Anoka County UnionHearld newspaper and a Land Use Application sign was also placed on the Subject Property. 

The Subject Property, which is approximately 0.21 acres in size, is located at the southeast corner of Dysprosium Street and 142nd Circle, within the Flintwood Hills Planned Unit Development.  The Subject Property is zoned Planned Unit Development (PUD) and guided as Low Density Residential.  The home was built in 1986 and the certificate of survey (dated May 2, 1986) on file for the home on the Subject Property indicates that the house was constructed twenty (20) feet from the side property line (along Dysprosium Street), which, per the PUD, appears to be the intended setback along Dysprosium Street.  The home is a split level and has a bump-out with a sliding glass door, facing Dysprosium Street, on the upper level. 

The Applicant is proposing to construct a deck that is ten (10) feet wide and twenty-one and a half (21.5) feet long.  The deck would be attached to the west wall of the home and accessed via the existing sliding glass door.  There would be stairs from the deck to the ground as well.  There is a ten (10) foot wide drainage and utility easement along the western property boundary but per the deck dimensions and the Site Plan, no part of the deck would encroach.  The deck location is surrounded by quite a bit of vegetation, as well as a six (6) foot tall privacy fence. It appears that the deck would be rather well screened from travelers on Dysprosium Street (certainly during leaf-on conditions).

In reviewing the neighborhood (and property files), multiple properties have decks that are less than twenty (20) feet from the property boundary along Dysprosium Street.   In fact, in 1988, the Board of Adjustment issued a variance for a deck to be constructed not less than ten (10) feet from the lot line along Dysprosium Street on the parcel directly north of the Subject Property.  Thus, this would not be out of character for the neighborhood.

Dysprosium Street is also a Municipal State Aid (MSA) road, which has a wider right-of-way width (80 feet) than a typical residential road.  Circa 2012-2013, traffic calming and safety improvements were made to Dypsrosium Street, including narrowing the road, adding sidewalks on both sides of the road,  and installing boulevard trees.  Along the east side of Dysprosium Street, abutting the Subject Property, there is a nine (9) foot wide boulevard (with boulevard trees), a six (6) foot wide sidewalk, plus another roughly seven (7) feet of turn before the actual property line.  So, while the deck would only be setback ten (10) feet from the property line along Dysprosium Street, it would still be over thirty (30) feet from the road.

Three Factor Test

Per State Statute, a variance can be issued if zoning provisions result in practical difficulties for a property owner.  This includes reasonableness, uniqueness, and essential character.

• Reasonableness: The addition of a deck on a residential structure is not only reasonable but very typical in residential neighborhoods.
• Uniqueness: The Flintwood Hills PUD provided smaller lot sizes than the standard R-1 Residential (MUSA) - 80 district.  The parcel is a corner lot, which requires greater setbacks on two sides of the Subject Property.  The City allowed the sliding glass door in the western wall even though the house was constructed at the minimum required setback.
• Essential Character: As noted previously, there are multiple properties along Dysprosium Street that have decks less than twenty (20) feet from the property boundary.  Therefore, the proposed deck would not alter the essential character of the neighborhood.

Alternatives

Alternative 1: Approve the requested variance.  No part of the deck would encroach on the existing drainage and utility easement and existing vegetation, along with an existing privacy fence, should provide decent screening of the deck from those traveling along Dysprosium Street.  Staff supports this alternative.

Alternative 2: Approved the requested variance with modifications.  This alternative would be based on Planning Commission discussion.

Alternative 3: Deny the requested variance with supporting findings of fact.  The proposed deck location is similar to others within the neighborhood.  It would be relatively screened from view and would not impede neighborhood safety.  Staff does not support this alternative.


 

All costs associated with this request are the responsibility of the Applicant.

Staff recommends approval of the request.

Motion to adopt Resolution #23-135 approving a variance to setback requirements for the construction of a deck at 5364 142nd Circle NW.