PUBLIC HEARING: Consider Request for a Variance to Construct a Detached Accessory Building Nearer the Front Property Line than the Home at 7155 160th Lane NW (Project No. 17-146); Case of Francis and Lorrie Kaas

Over the past few months, City Staff has been working with Francis and Lorri Kaas (the "Applicant") regarding the possible location for a new, detached accessory building (the "Building") on the property located at 7155 160th Lane NW (the "Subject Property").  Locations in the rear and side yards were considered but ultimately, the Applicant selected a location in front of the home on the Subject Property. 

In accordance with State statute, Staff attempted to notify property owners within 350 feet of the subject property of the public hearing via Standard US Mail. The Public Hearing was also noticed in the Anoka County Union Herald, the City's official newsletter for public notices.

City Code Section 117-349 allows detached accessory structures to be constructed nearer the front property line than the home on parcels that are two (2) acres or larger in size under certain conditions.  The building needs to meet the minimum setbacks for the applicable zoning district, the exterior finish shall match that of the home, and the accessory building cannot be taller than home. 

Originally, the Subject Property was two (2) acres in size.  But, in the mid-2000s, the land west of the Subject Property was subdivided (Trappers Ridge) to create a new parcel for a single family home.  As a result of that subdivision, the Applicant (and their neighbor to the north) had to grant an easement for street, drainage and utility purposes to provide access to the newly created lot.  Since that easement was, at least in part, for street purposes, that area of the Subject Property encumbered by the easement is no longer eligible when calculating the size of the Subject Property.  Thus, the Subject Property is actually considered to be 1.68 acres in size, which limits the location of detached accessory buildings to the side or rear yard.

The Applicant did consider siting the Building next to the attached garage on the Subject Property.  But, due to the street easement along the north boundary of the Subject Property, the Building would not comply with the required forty (40) foot setback (considered a corner lot with the easement).  The Applicant also contemplated a location in the rear yard.  However, the access to the rear yard would either require the removal of a number of oak trees along the side property line and/or access from the private driveway that is located within the public street easement.
 
The proposed location of the Building would meet the minimum setback along the north lot line (seventy-three [73] feet, thirty-three [33] feet for the easement plus the applicable forty [40] feet from the easement) and would exceed the minimum setback from the front property line.  The Building would be situated within a wooded area that will provide some screening of it from the nearest adjacent properties.

The exterior finish of the Building is proposed to be steel lap siding and aluminum soffit and fascia that match the home in terms of material and color.  The total height of the Building is just under sixteen (16) feet.  Other than the location, the proposed Building appears to comply with all other standards for detached accessory buildings.

When contemplating a variance request, there is a three (3) factor test for practical difficulties that must be met by the Applicant. The following are the three (3) factors:

1. Is the property owner proposing to use the property in a reasonable manner?
2. Is the landowner's problem due to circumstances unique to the property and not caused by the landowner?
3. If granted, would the variance alter the essential character of the locality?

Detached accessory buildings are common in residential areas and are considered to be a reasonable use of the Subject Property.  If the land west of the Subject Property had not been developed (the Applicant had no control of those actions), they would not have been required to provide a street easement over a portion of the Subject Property and thus, the proposed location would not have required a variance.  Not only are several of the surrounding properties greater than two (2) acres in size (eligible to construct a detached accessory building nearer the front lot line than the home), but the proposed Building would be within a wooded area, which will provide some screening, the variance would not alter the essential character of the neighborhood.

Alternatives

Alternative 1: Adopt Resolution #17-10-249 granting a variance to construct a detached accessory building nearer the front property line than the home on the Subject Property.  As outlined above, the Subject Property is technically two (2) acres in size, but since the Applicant had to grant an easement for street purposes, the area encumbered by that easement is not counted when considering accessory building standards.  The proposed finish of the Building will match that of the home on the Subject Property, will not exceed the height of the home, and does not exceed the allowable square footage for the Subject Property.  Staff supports this alternative.

Alternative 2: Do not approve a variance to allow the detached accessory building nearer the front property line than the home.  The applicant worked with City Staff on exploring alternative options for the Building, including the side and rear yards.  These locations were either not feasible based on required setbacks or resulted in the loss of a number of trees and/or created issues with accessing the Building.  The proposed location does comply with the minimum setbacks for the R-1 Residential (Rural Developing) district and had it not been for the adjacent development needing access across a portion of the Subject Property, a variance would not have been needed.  Staff does not support this alternative.

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

Staff recommends approving Resolution #17-10-249 granting a variance to construct a detached accessory building nearer the front property line than the home on the property located at 7155 160th Lane NW.

Motion to adopt Resolution #17-10-249 granting a variance to construct a detached accessory building nearer the front lot line than the home on the property located at 7155 160th Lane NW.