HomeMy WebLinkAboutLA18-000067 (1212 Briar St) VAR PCSRDate Application Received: July 18, 2018
Date Application Considered as Complete: July 29, 2018
60-Day Review Period Expires: September 27, 2018
To: Chair Thiesse and Planning Commission Members
Dustin Rief, City Administrator
From: Laura Oakden, Planner
Date: August 20, 2018
Subject: #LA18-000067, Kevan Nitzberg, 1212 Briar Street, Variance
Public Hearing
Background
The applicant is proposing a detached single car garage forward of the principle building and
within the front and side yard setback. Currently, there is no garage located on the property.
The applicant has stated this garage is necessary due to the extreme weather conditions and
safety for the livability of his home. The garage will provide additional storage for the property.
The new garage will be placed over an existing paved parking pad. They will also be removing
excess blacktop from the site bringing the lot into conformance with the hardcover Tier 2
standards (30%). The applicant has stated that due to the home being located at the end of the
road it will not alter the aesthetics of the neighborhood and the proposed garage will match the
existing home’s exterior and with added landscaping around the structure.
LOT ANALYSIS WORKSHEET
Section 78-1435 and 1405 - Setbacks:
DISTRICT RR-1B Detach Garage <750 sq.ft.
Setbacks Required Proposed
Front 57’ (House Setback) 20’
Rear 10’ 100’
Side (north) 10’ 55’
Side (South) 10’ 5’
Section 78-420 - Lot Area/Width:
DISTRICT Lot Area Lot Width
Required 87,120 s.f. (2 acres) 200’
Actual 10,500 s.f. (0.24 acre) 75’
Section 78-1403- Structural Coverage:
Total Lot Area Total Structural Coverage
10,500 s.f. (0.24 acre) Allowed: 2,100 s.f. (20%)
Proposed:1,598 s.f. (15.2%)
Application Summary: The applicant is requesting a side yard setback, front yard setback and
a detach structure forward of the principle structure for a single car garage.
Staff Recommendation: Planning Department Staff recommends approval
LA18-000067
August 20, 2018
Page 2 of 4
Section 78-1700 -Hardcover Calculations:
Stormwater
Overlay District
Tier
Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 2 10,500 s.f. 3,150 s.f.
(30 %)
3,223 s.f.
(30.6 %)
3,132 s.f.
(29.8%)
Applicable Regulations:
Side Yard Setback (78-1405 a.6.)
The applicant is requesting a 5 foot side yard setback, where 10 feet is required, to maintain
access and a second parking location on the property.
Garage forward of the principle structure (78-1435)
The applicant is requesting the garage be located 20 feet from the front property line which
is forward of the principle structure, located roughly 57 feet from the front of the property.
Front and Side Yard Setback (78-1511)
Within all R districts, all vehicles normally owned or kept by the occupants on the premises
must have a garage stall or open parking space on the same lot as the principal use
served. Garage stalls accessory to residential structures may be located anywhere on the lot
other than a required yard area, except that such garages may be located to within ten feet of
an interior side lot line and to within ten feet of a rear lot line subject to this chapter. Open
parking spaces on lots must have a location other than a required yard, except that such
parking may be located in a rear yard to within ten feet of an interior side lot line and to within
ten feet of a rear lot line. The applicant is requesting the garage be located 20 feet from the
front property line, where 50 feet is required and requesting a 5 foot side yard, were 10 feet
is required.
Governing Regulation: Variance (Section 78-123)
In reviewing applications for variance, the Planning Commission shall consider the effect of the
proposed variance upon the health, safety and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect
on values of property in the surrounding area. The Planning Commission shall consider
recommending approval for variances from the literal provisions of the Zoning Code in instances
where their strict enforcement would cause practical difficulties because of circumstances unique
to the individual property under consideration, and shall recommend approval only when it is
demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning
Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties
also include but are not limited to inadequate access to direct sunlight for solar energy systems.
Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06,
subd. 2, when in harmony with this chapter. The board or the council may not permit as a
variance any use that is not permitted under this chapter for property in the zone where the
affected person's land is located. The board or council may permit as a variance the temporary
use of a one-family dwelling as a two-family dwelling.
According to MN §462.537 Subd. 6(2) variances shall only be permitted when:
1. The variance is in harmony with the general intent and purpose of the Ordinance. The
proposed single detached garage is in harmony with the intent of the City Code. The
proposed location on a substandard lot forward of the principle home and located in
LA18-000067
August 20, 2018
Page 3 of 4
the front and side setbacks should not impede sightlines or change of character of the
neighborhood, which follows the general intent of the ordinance.
2. The variance is consistent with the comprehensive plan. Adding a detached single car
garage as an accessory structure where no garage is located on the property is
consistent with the comprehensive plan.
3. The applicant establishes that there are practical difficulties.
a. The property owner proposes to use the property in a reasonable manner not
permitted by the official controls; Currently the property does not have any
garage space, adding a single car garage in the proposed location on a
substandard lot is reasonable.
b. There are circumstances unique to the property not created by the landowner;
The lot is substandard in area and width to the zoning district limiting the
buildable area on the site and
c. The variance will not alter the essential character of the locality. The
neighborhood has many substandard lots with structures places within the
setbacks of the zoning district. Adding a single stall garage to this property will
not alter the character of the neighborhood.
Additionally City Code 78-123 provides additional parameters within which a variance may be
granted as follows:
4. Economic considerations alone do not constitute practical difficulties. Economic
considerations have not been a factor in the variance approval determination.
5. Practical difficulties also include but are not limited to inadequate access to direct sunlight
for solar energy systems. Variances shall be granted for earth-sheltered construction as
defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter
78. This condition is not applicable.
6. The board or the council may not permit as a variance any use that is not permitted under
Orono City Code Chapter 78 for property in the zone where the affected person's land is
located. This condition is not applicable, as the use for a detached garage is an allowed
use in the RR-1B District.
7. The board or council may permit as a variance the temporary use of a one-family dwelling
as a two-family dwelling. This condition is not applicable.
8. The special conditions applying to the structure or land in question are peculiar to such
property or immediately adjoining property. Most of the properties in the area already
have garages, this property is unique with no current garage structure and the
substandard lot and limited building envelope.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The applicant believed this to be true.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. The applicant has explained this to be true to
use a detach garage is necessary to the use and safety of the property.
11. The granting of the proposed variance will not in any way impair health, safety, comfort
or morals, or in any other respect be contrary to the intent of this chapter. The proposed
location on a substandard lot should not impede sightlines or change of character of the
neighborhood.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The applicant has stated this to be true.
The Commission may recommend or Council may impose conditions in granting of variances.
LA18-000067
August 20, 2018
Page 4 of 4
Any conditions imposed must be directly related to and must bear a rough proportionality to the
impact created by the variance. No variance shall be granted or changed beyond the use
permitted in this chapter in the district where such land is located.
Practical Difficulties Statement
Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and
should be asked for additional testimony regarding the application.
Practical Difficulties Analysis
Staff finds the request for a detached single car garage in the proposed location is reasonable.
The City has previously considered lack of garage parking satisfies practical difficulty. Due to
access and the substandard size of the lot the applicant has stated this is the most reasonable
location for the structure. Alternatives include placing the garage in the rear yard. There is
currently paved blacktop in this location and the applicant will remove any access blacktop
and bring the hardcover into conformance with the City Code. Placing the structure and
driveway in the rear of the lot would potentially increase the amount of overall hardcover on
the property. A Garage will increase to usability, safety and storage for the home on the
property making the site more useable for the property owners.
Engineer Comments
1. The plan does not depict any changes to grade.
2. The structure and/or any grading done immediately around the structure must not
direct surface runoff onto the neighboring property.
Public Comments
The neighbor to the south at 1224 Briar has submitted an email in support of the request. The
applicant has also submitted signatures from other neighboring properties on the road in support
of the request. Please see Exhibit F.
Issues for Consideration
1. Does the Planning Commission find that that the property owner proposes to use the
property in a reasonable manner which is not permitted by an official control?
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
Planning Staff Recommendation
Staff would support a recommendation for approval if the Planning Commission agrees with the
proposed findings meeting the variance requirements.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Proposed Survey
Exhibit D. Proposed Plans and Elevations
Exhibit E. Submitted Hardcover Calculations
Exhibit F. Neighbor Submitted Comments
Exhibit G. Pictures and Ariel Views
Exhibit H. Property Owners List and Map