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HomeMy WebLinkAbout16-3851 ExE PC SR Bluth VAR_2Date Application Received: 07/18/16 Date Application Considered as Complete: 07/28/16 120-Day Review Period Expires: 11/25/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner mcc Date: 13 September 2016 Subject: #16-3851, Peter Bluth, 2413 Carman Street Variance Public Hearing List of Exhibits Exhibit A. Application Exhibit B. Proposed Survey/Site Plan Exhibit C. Proposed Plans and Elevations Exhibit D. Applicable Code Sections Exhibit E. 60-Day Extension Exhibit F. Aerial Photos Exhibit G. Property Owners List Exhibit H. Plat Map Background The Council, on August 22nd, approved variances allowing an upward expansion of the existing non-conforming oversized accessory structure (OAS). There were a number of plan revisions between initial submittal and final plans for approval. In the revision process the bathroom fixtures were inadvertently removed from the plans; staff also missed this omission. The applicants wish to install a half bath in the upper level of the detached garage. Because the existing OAS is nonconforming with respect to setbacks a variance from Section 78-1437 is required. Applicable Regulations: Plumbing in a Nonconforming Accessory Structure Variance (Code Section 78-1437) An OAS must meet a minimum of a 30 foot setback from all property lines. Because the required 30-foot setbacks are not met, a variance is necessary to permit plumbing within the OAS. 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 Application Summary: The applicant is requesting to install plumbing within the existing nonconforming oversized accessory structure on the property. Staff Recommendation: Planning Department Staff recommends approval. FILE # 16-3851 13 Sept 2016 Page 2 of 3 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 garage is residential in nature. The proposed half bath within the second story addition of the nonconforming OAS will not adversely impact adjacent properties and will not be apparent from the exterior. The variances are in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for plumbing improvements within a residential garage in a residential zone 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; The request to permit installation of plumbing within the detached garage appears to be reasonable as the adjacent properties do not appear to be adversely impacted. b. There are circumstances unique to the property not created by the landowner; The size of the garage, and the size and orientation property were not the result of actions by the landowner. Plumbing is permitted within residential garages; and c. The variance will not alter the essential character of the locality. The proposed plumbing within the garage 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. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The applicant’s home is a corner lot with a defined front yard on Shoreline Drive with the functional front facing Carman Street. The garage, constructed in 1975, is in a nonconforming location on the property. The proposed plumbing improvements will not increase the nonconformity. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The nonconforming location of the garage and the corner lot status make this property unique in the neighborhood. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this criterion to be met. FILE # 16-3851 13 Sept 2016 Page 3 of 3 7. 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. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The location and size of the garage create practical difficulties affecting the Property; the variance is necessary and does not merely serve as a convenience to the Owner. The Commission may recommend or Council may impose conditions in granting of variances. 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. Septic System Status The property is served by city sewer. Practical Difficulties Statement Applicant should be asked for testimony regarding the practical difficulties. Practical Difficulties Analysis Staff finds that the nonconforming location of the OAS (garage) constitutes a practical difficulty with respect to making any typical residential improvements such as plumbing. Public Comments To date, no public comments were received. 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? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the gr anting of the requested variance(s)? 4. Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval of the variance as requested. Staff would also suggest the applicant apply a recorded covenant which states that the accessory building will not be: 1. Used for a home occupation unless specifically approved by the city or if allowed by this Code. 2. Used as a dwelling unless a guest house conditional use permit is obtained. 3. Rented, leased or otherwise provided for use as a dwelling under any circumstances. Such covenant shall be binding on current and future property owners and shall be filed in the chain of title of the property.