02-11-2019 Council Packet - Laserfiche WebLink

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AGENDA ITEM Prepared By: J. Barnhart Reviewed By: DJR Approved By: DJR 1.Purpose. To consider a variance to allow an air conditioning unit in the side yard setback and direct staff to draft a resolution of approval or denial for consideration at a later date. 2.MN§15.99 Application Deadline. The application was received on October 25, 2018 and considered to be complete on December 20th. The 60-Day review period will expire on February 18, 2019. 3.Background. The applicant recently purchased the home from the builder. The permit for the home was issued in October, 2017. In the review of the permit, the builder provided a survey, showing the location of the A/C unit. Staff redlined the location, including a note that the A/C unit cannot be located in a D/U easement. During the final review of the as-built survey, (required at the conclusion of the project) it was noted that the Air Conditioning condenser unit (A/C) was located to the other side of the house, but also within an easement. City Code requires they be placed within 5 feet of the structure, and no closer than 5 feet to the property line, and outside of any easements. Approval of a variance would allow the A/C unit to remain in its location, denial would require it to be located anywhere within 5 feet of the home, in the rear yard. The City typically requires an encroachment agreement to be signed by the property owners for improvements in an easement. The property owners have signed an agreement. 4.Planning Commission Vote and Comment. On January 22, 2019, the Planning Commission held a public hearing. Following the public hearing, the Planning Commission voted 4-1 on a motion to approve the requested variance. Landgraver opposed. The members of the Commission were in agreement that there were extenuating circumstances and practical difficulty supporting the variance, subject to the signing of an encroachment agreement. Landgraver did not support the variance due to the after the fact request and other factors. Planning Commission draft minutes are provided as Exhibit A. The applicant has agreed to sign an encroachment agreement. 5.Public Comment. Two neighboring property owners voiced support for the variance. 6.Staff Recommendation. While staff understands the desirability of the proposed location for the A/C unit by both the Planning Commission and applicant, Staff does not support the variance because, simply, the legal standards to support the variance have not been provided by the applicant. If the Council desires to approve the variance, they should provide those reasons. If the council chooses to deny the variance, the standards listed in the Staff report would form the basis for denial. The Council is asked to direct staff to draft a resolution either way. The Council may also direct staff to review this particular code provision for possible amendments, the expectations for noise suppression for large homes on large lots may be different that the expectation for homes on smaller, more dense lots. An amendment could be considered that would allow the A/C unit to remain, but not require a variance. Item No.: 10 Date: February 11, 2019 Item Description: LA18-000091 – AJ Helgerson, 2870 Goldenrod Way, Variance– Resolution Presenter: Jeremy Barnhart, AICP, Community Development Director Agenda Section: Planning Department Report