PUBLIC HEARING: Adopt Resolution #24-284 Granting a Variance to Height Limitations for a Detached Accessory Building Located at 17646 St. Francis Boulevard NW (Project No. 24-121); Case of Chuck and Angie Lattery

The City has received a Land Use Application from Charles and Angela Lattery (the "Applicant") seeking a variance to the height restriction for a detached accessory building to be located in the side yard on the property generally known as 17646 St. Francis Boulevard NW (the "Subject Property"). 

The Applicant previously had a detached garage located north of the home.  That garage was dilapidated, with the roof collapsing in on itself, and the Applicant removed it in the summer of 2022, with the intention of constructing a new, detached accessory building in its place.  However, construction was delayed until such time that the Applicant was able to secure financing to construct the new building.  Since the time of the removal of the old accessory building, the City has rewritten its Zoning Code, which now prohibits an accessory building from being taller than the principal building, unless it is located in the rear yard.

The Subject Property is zoned Rural Residential, is guided as Rural Developing, and is approximately 2.51 acres in size.  The surrounding properties are also zoned Rural Residential, guided as Rural Developing, and range in size from about 2.26 acres to about 7.20 acres in size.  Based on the size of the Subject Property, the Applicant is eligible for 2,700 square feet of detached accessory building space.  There are no permanent accessory buildings currently on the Subject Property (there are a couple of membrane hoop structures presently, but, should the variance be approved, the resolution includes a condition that both of these would need to be removed from the property as they are violations of City Code). Based on the standards for the Rural Residential District, the height of a detached accessory building in the front or side yard shall not exceed the height of the home or twenty-four (24) feet, whichever is less (if the structure were located in the rear yard, the height would be limited to no more than thirty (30) feet. 

The Applicant is proposing a 2,688 square foot pole building (42' x 64'), that would be twenty-four feet (24') in height, measured to the peak of the new building.  The existing home is a rambler style home that is approximately fifteen (15) feet in height.  The exterior finish of the building would consist of ribbed metal paneling that is beige, to match the color of the home, with an emerald green wainscot around the base of the building and emerald green fascia and eaves also to match the home.

The Applicant has stated that the extra height is needed to get a sixteen (16) foot tall ceiling, which will allow multiple, 4-post hoists inside.  The hoists will provide additional storage space for the Applicant's various muddling trucks, vehicles, trailer(s) and 5th wheel camper.  The Applicant did explore the potential of placing the detached accessory building in the rear of the property.  However, there is a significant grade change from the front to the rear (approximately 18 feet of vertical difference).  Furthermore, the Applicant has stated that the soil in the rear yard consists of clay and gets very soft/soupy when wet, and they are concerned that vehicles would get stuck.  Finally, power for the detached accessory building is already in place adjacent to where the former accessory building was located.  

Three (3) Factor Test

• Reasonableness: It is very common for a property owner to construct a detached accessory building to provide internal storage of vehicles, equipment, etc.  All aspects of the proposed accessory building, with the exception of the height, comply with zoning code standards.
• Uniqueness: The Applicant is attempting to beautify their property.  This started with removing the dilapidated garage.  However, before they had their finances in place to construct a replacement building, the City rewrote its Zoning Code and implemented a new standard that restricts the height of detached accessory buildings in the front or side yard to no more than twenty-four (24) feet or the height of the principal structure, whichever is less.  There is also a significant grade change from the proposed location of the accessory building to the rear yard.  Additionally, the soil in the rear yard, where it is flatter, consists of clay and the Applicant has stated their concerns with getting vehicles and equipment stuck in wet conditions.
• Essential Character: A number of surrounding properties also have detached accessory buildings, both larger and smaller than what is proposed.  The proposed detached accessory building would comply with all required setbacks and will have ane exterior finish that will resemble the home (beige siding and green fascia and eaves).  The building should not alter the essential character of the neighborhood.

Alternatives:

1. Approve a variance to allow the height of a detached accessory building in the side yard to be taller than the principal structure.  When the former garage was removed, the Zoning Code would have allowed the proposed building to be constructed in the same location without the need for a variance.  The new building would provide ample space for the Applicant to move vehicles and equipment inside and out of view from the public traveling along Saint Francis Boulevard.  There is a significant grade difference leading to the rear yard and there are less desirable soils back there as well.  Staff supports this alternative.

2. Do not approve the variance request.  Should the variance be denied, the Applicant would have to find an alternative location, presumably in the rear yard (to avoid their septic system and removal of multiple, significant trees) and once again pay to have power buried underground down to the alternative building site (something they had done prior to having to remove the former accessory building).  Staff does not support this alternative.
 

The Applicant is responsible for all costs associated with this request.

Staff recommends adopting Resolution #24-284, granting a variance to height restrictions for a detached accessory building in the side yard of the Subject Property.

Motion to adopt Resolution #24-284 granting a variance to height restrictions for a detached accessory building in the side yard of the Subject Property.