PUBLIC HEARING: Consider a Variance Request Related to Accessory Structure Setback Regulations (Project 23-120); Case of Nick Larson

The City has received an application from Nick Larson (the "Applicant") for a Variance to the required front yard setback for accessory structures on the property located at 6070 143rd Lane NW (the "Subject Property").

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 Home Occupation Permit consideration and the Public Hearing to be held by the Planning Commission. A notice of the Public Hearing was published in the Anoka County UnionHerald, the City's official newspaper. A proposed development sign was placed on the property.

Subject Property
The Subject Property is located at the southeast side of the bend of 143rd Lane NW and Tungsten Street NW and is immediately adjacent to the northwest corner of Emerald Pond Park. The Subject Property is zoned R-1A, Single Family Residential District, on the newly-adopted zoning map, and is guided for low-density residential land use in the City's 2040 Comprehensive Plan. It is 0.25 acres in size and accesses 143rd Lane NW to the north. Surrounding properties are similar in size and are also zoned and guided for low-density residential land uses. However, the Subject Property is unique in shape, as the lot is roughly pie-shaped with the widest end to the north, along 143rd Lane NW, and the narrowest end abutting Emerald Pond Park to the southeast. Additionally, the side yards and rear yard slopes downward from the street to a retention pond located in Emerald Pond Park. Contour information obtained from Anoka County's Interactive GIS Map indicates the elevation in the front yard to be around 872 feet, compared to an elevation of 860 feet in the rear yard. Additionally, the Subject Property is surrounded on all sides by a drainage and utility easement; the easement along 143rd Avenue NW is 10 feet wide, and the easement is 5 feet wide on all other sides of the property. Due to the unique shape, slope, and drainage patterns of the Subject Property, an accessory structure would not be able to fit in the rear or side yards of the property. 

Summary
The Applicant constructed an eight foot by ten foot (8' x 10') shed on the Subject Property earlier in 2023. The shed is located 15 feet from the front property line. The Zoning Code requires accessory structures in the R-1A zoning district to be no closer to the street than the edge of the principal structure. In this case, the shed is closer to the front property line than the principal structure. Thus, the shed needs a variance to reduce the minimum front yard setback to 15 feet. This 15-foot setback would accommodate the existing 10-foot-wide drainage and utility easement along the front of the property.

The Applicant has painted the shed the same color as the existing house and the shed uses similar materials to the house. The shed is intended to provide enclosed storage space for the Applicant's yard equipment. The shed meets the minimum 5-foot setback from the side property line and it meets all other applicable zoning requirements. The shed is partially screened from the street by an existing mature tree and a bank of mailboxes. Additionally, the Applicant has planted several bushes and another evergreen tree along the west side of the shed to provide screening from adjacent properties.

Additional Considerations
The Applicant's request was initiated by a code enforcement request as the Applicant had constructed the accessory structure in the front yard without first obtaining a permit. Thus, this is an after-the-fact request for a variance. The accessory structure is 80 square feet in area. Accessory structures that measure less than 200 square feet in area do not need permits under the newly-adopted Zoning Code, though permits were required at the time of the shed's installation. All accessory structures are still subject to all applicable standards in the Zoning Code, and it is the applicant's responsibility to comply with those regulations. With the requested variance, the Applicant would be able to bring the Subject Property into compliance with the City's Zoning Code.

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: A shed to store yard equipment is not only reasonable, but very typical in residential neighborhoods. Several of the neighboring properties have sheds of similar size.
• Uniqueness: The unique shape of the Subject Property's boundaries impacted the placement of the house, and by default, the placement of the shed. Additional unique characteristics of the Subject Property include the steep slope along both sides of the house, and a lack of space in the rear yard for constructing or placing a shed without impeding drainage patterns.
• Essential Character: This neighborhood is zoned R-1A, Single Family Residential District. A mature evergreen tree and a bank of mailboxes are located between the Subject Property and the property to the southwest, and they provide visual screening between the two properties. The Applicant has installed additional vegetation to build upon the existing screening. Once the additional vegetation matures, the general public would realistically never know that the shed encroaches into a setback.

Alternatives
Alternative 1: Approve the variance to the front yard setback for the accessory structure. Based on the unique shape, slope, and drainage patterns of the Subject Property, as well as the Applicant's installation of additional vegetation, the variance seems reasonable. Staff supports this alternative.

Alternative 2: Deny the variance. Without an approved variance, and since there are no other suitable locations for the shed on the property, the Applicant would need to remove the shed. The 15-foot front yard setback for the shed does not impact any easement. Staff does not support this alternative.

Alternative 3:  Approve the variance with any reasonable conditions that mitigate the impacts of the variance to the neighborhood.  
 

Motion to adopt Resolution #23-294, Approving a Variance to Accessory Structure Setbacks at 6070 143rd Lane NW.