HomeMy WebLinkAbout18-4000 Garcia (1335 Arbor St) VarDate Application Received: December 13, 2017
Date Application Considered as Complete: January 4, 2018
To: Chair Thiesse and Planning Commission Members
Dustin Reif, City Administrator
From: Laura Oakden, Planner LLO
Date: April 16, 2018
Subject: LA18-000033 (18-4000), Jeff Martineau o/b/o Barbara Garcia, 1335 Arbor
Street, Variance Public Hearing
Background
The application had previously requested the same setback variances and a structural coverage
variance. The Planning Commission on January 16, 2018 denied the request due to the
structural coverage variance. The City Council on February 12, 2018 tabled the application and
asked the applicants to redesign the home to meeting the structural coverage standards and
bring the application back through the public hearing process. It is appropriate to have the
Planning Commission review the redesigned building, and allow further public comment.
The applicant proposes to construct a new home located at 1335 Arbor Street, replacing an
existing home on the property. The proposed home will be more centered on the lot. The site
is a corner and through lot with streets on three of the four sides. The applicant proposes to
build a full basement rambler style home with two stall garage and a deck. They are located in
the RR-1B 2 acre zoning district and the lot is extremely small at 0.20 acres in a zone requiring 2
acres.
LOT ANALYSIS WORKSHEET
Section 78-420 - Setbacks:
DISTRICT RR-1B Required Existing Proposed
Front (Arbor St) 50’ 15.4 40’
Rear (Briar St)_ 50’ 97.5 53’
Street (Prospect Ave) 30’ 15.5 8.5’
Side 10’ 7.7 7.5’
Section 420- Lot Area/Width:
DISTRICT RR-1B Lot Area Lot Width
Required 87,120 s.f. (2 acres) 200’
Application Summary: The applicant is requesting multiple variances for lot area, lot width,
front setback, side street setback and interior side setback
Staff Recommendation: Planning Department Staff recommends approval of the requested
variances.
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April 16, 2018
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Actual 9,100 s. (0.2 acre) 52’
Section 78-1403- Structural Coverage:
Total Lot Area Total Structural Coverage
9100 s. (0.2 acre) Allowed: 2,000 s.f.
Proposed: 1,996 s.f. (House and Entry)
(21.9%)
*On lots of less than 10,000 square feet in area, the total combined footprints of all principal and
accessory structures shall not exceed 2,000 square feet.
Section 78-1700 -Hardcover Calculations:
Stormwater
Overlay District
Tier
Total Area in
Zone
Allowed
Hardcover
Existing
Hardcover
Proposed
Hardcover
Tier 3 9,100 s.f. 3,185 s.f.
(35 %)
2,112 s.f.
(23.21%)
3,119s.f.
(34.27%)
Applicable Regulations:
Setback Variances (Section 78-420)
The applicant is proposed to construct a new home that is oriented towards Arbor. They are
requesting a 40’ front yard (Arbor Street) setback where a 50’ is required. They are requesting a
7.5 interior side yard setback where a 10’ feet is required. They are requesting a 8.5 side
(Prospect Ave.) street setback where 30‘ is required. The front and interior side yard setbacks
seem reasonable for the small lot location. The proposed site plan is showing window wells
which encroach closer to the setbacks then the principle building. Per the City Code 1405
Nonencroachments, window wells are permitted to encroach into the setback but not to extend
more than 5 feet from the building
The building plans also show a small bump out in the south west corner of the home parallel to
the interior side lot line for a chimney. This bump out is not shown on the survey. It should be
clarified if this is included as part of the footprint of the home before a final decision be council
is made.
Lot Area and Width Variance (Section 78-305)
Zoning Code Section 78-72 provides options for the redevelopment of lots which do not meet
the minimum area or width requirements for the respective zoning district. Substandard
properties within the Shoreland Overlay District, like the subject lot, are able to be redeveloped
without variances if specific standards are met; such as:
1. All setback requirements can be met. Not Met.
2. A Type 1 sewage treatment system consistent with Minnesota Rules, chapter 7080, can
be installed or the lot is connected to a public sewer; and
3. The impervious surface coverage meets all hardcover location and square footage
restrictions of this chapter and the total square footage of hardcover does not exceed
35 percent of the entire lot area.
4. All other zoning district standards can be met. Not Met.
The applicant’s need for a multiple setback variances results in the property’s inability to
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conform to #1 and #4 above. Therefore, a lot width and area variance is also required in order to
develop the property.
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
applicant is proposing to construct a new single family home on a residential lot which
is consistent with the intent of the ordinance. The lot width and lot area variances are
consistent with the general intent of the Ordinance. The variances for a 40’ front, 7.5’
interior side and 8.5 street side request is reasonable considering the configuration and
buildable area of the property.
2. The variance is consistent with the comprehensive plan. The variances resulting in a
permit for a new single family residence in a residential zone are 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 applicant is proposing use of the property
in a reasonable manner with the construction on a single family home. There is
limited space to construct a conforming structure on the site.
b. There are circumstances unique to the property not created by the landowner;
The plight of the property owner is due to the existing substandard lot size and
shape, and its uniqueness being a lot abutting 3 streets.
c. The variance will not alter the essential character of the locality. The character
of the neighborhood is not likely to be significantly altered from replacement of
the residence which is consistent in character and size with the surrounding
homes.
d. 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
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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 single family home 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. The size of the lot with in the RR-1B zoning
district and abuting 3 streets is unique for the requested lot width, lot area and setback
variances variances.
9. The conditions do not apply generally to other land or structures in the district in which
the land is located. The size of the lot and its locations as it pertains to the existing zoning
district is peculiar to the property.
10. The granting of the application is necessary for the preservation and enjoyment of a
substantial property right of the applicant. Staff finds this statement to be true to allow
for construction of a single family home on this parcel.
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. Granting of
the requested variances would not impair health, safety, comfort or morals and would
be in keeping with the intent of the zoning code.
12. The granting of such variance will not merely serve as a convenience to the applicant, but
is necessary to alleviate demonstrable difficulty. The application has stated the narrow
corner lot has setback challenges for construction of a single family home. The property
is unique in size location between three streets.
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.
Engineer Comments
A proposed grading plan will be submitted and reviewed with the building permit. Depending on
roof line, roof overhang or small areas for drainage water may be able to be mitigated with a
gutter system. The applicant should show how they plan to address drainage on the site with a
submitted grading plan.
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 there are practical difficulties inherent to the lot area, lot width and proposed setbacks.
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Due to the size of the lot located within the 2 acre RR-1B zoning district. The lot is also unique in
that has street which is abutting 3 sides of the lot.
Public Comments
Public comments made at the January 16, 2018 Planning Commission Meeting were in favor of
the proposed project. A major concern that came up from the neighborhood was the proposed
height of the building and for it to remain a one story home as to not overshadow the street to
have the home maintain the character of the neighborhood. This was a discussion by the council
as well. The new redesigned home is a one story home with no windows above the first floor.
Issues for Consideration
1. The Planning Commission should discuss the side street setback and the visual impact
that may have.
2. Does the Planning Commission find that the variance(s), if granted, will not alter the
essential character of the neighborhood?
Planning Commission options for consideration
If the Planning Commission has discussed and has sufficient findings for the requests, staff would
recommend approval of the request variances.
List of Exhibits
Exhibit A. Application
Exhibit B. Practical Difficulties Documentation Form
Exhibit C. Existing & Proposed Survey/Site Plan
Exhibit D. Proposed Plans and Elevations
Exhibit E. Site Pictures
Exhibit F. Setback Exhibit
Exhibit G. Submitted Hardcover Calculations
Exhibit H. Property Owners List and Map