HomeMy WebLinkAbout#4- Variance OHDS
Memo
To: Planning Commission
From: Justin Fortney, Associate Planner
Date: June 22, 2009
SubjectJames Lehmann
: – Variance & OHDS Review #2009-18- Variance to
rd
side setback at 504 3 Street West
REQUEST
James Lehmann is proposing to build an addition onto the side of his house and requests
the following actions to allow it:
1. Variance from City Code Chapter 155.50, Residential District Lot Regulations, The
existing home has a 4-foot Sideyard setback. The current City Code requires
homes in the R-2 district to have a seven-foot sideyard setback. The applicant is
applying for a 3-foot Sideyard variance to build the proposed addition in the rear.
2. OHDS review to build the addition.*
*(Note: the agenda didn’t include the OHDS review so the Planning Commission may vote
to amend it to include the OHDS review.)
BACKGROUND INFORMATION
Comprehensive Plan Classification, zoning, and land use
The use conforms to the 2020 Comprehensive Plan. The subject and adjacent properties
are designated U-I – Urban Residential.
The subject and adjacent properties are zoned R-2 – Medium Density Residential. Single-
family homes are a permitted use in the R-2 District.
History
The home was constructed in 1870, many years before setback requirements. The
applicant was granted a variance in 2005 for a small addition to the garage along the
unimproved Right-of-way of Forest Street.
VARIANCE REVIEW
Area Setback
Front 20’
Minimum Setback Requirements
Side 7’
Minimum setback requirements for homes in the R-2 District are:
Corner Side 10’
Rear 20’
Review Criteria
The following criteria have been used as findings of fact in granting variances to zoning
provisions:
A. That special conditions and circumstances exist which are peculiar to the land,
structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same district.
B. The literal interpretation of the City Code would deprive the applicants of rights
commonly enjoyed by other properties in the same district under the terms of
Chapter 10.
C. That the special conditions and circumstances do not result from actions of the
applicant.
D. That granting the variance requested will not confer on the applicant any special
privilege that is denied by Chapter 10 to other lands, structures, or buildings in the
same district. No non-conforming use of neighboring lands, structures, or buildings
in the same district, and no permitted or nonconforming use of lands, or buildings in
other districts shall be considered grounds for the issuance of a variance.
Notification of Adjoining Property Owners
Notification was sent to adjoining property owners. No comments have been received at
this time.
RECOMMENDED ACTION
Approval of the variance is recommended based on the following findings of fact and
hardships:
1) The existing home was constructed in 1870 before the establishment of the current
zoning setbacks.
2) The proposed addition does not increase the nonconformity of the home.
3) The special conditions and circumstances do not result from actions of the
applicant.
With the following condition
The variance only applies to the house and proposed addition.
OHDS REVIEW
OHDS Intent
Original Hastings Design Standards (OHDS) preserve and enhance traditional
neighborhood design by reflecting the general characteristics of buildings dating from 1845
to 1940, which is the predominate era for building construction within the OHDS District.
OHDS regulations ensure traditional neighborhood design by incorporating design
features such as alleys, carriage houses, front porches, period sensitive housing design,
sidewalks, and traditional street lighting. Design standards create and enhance the
character of older neighborhoods by establishing regulations to guide property
development and rehabilitation consistent with the unique historic character of the
neighborhood. The OHDS are derived from the Design Guidelines for Original Hastings,
adopted in 2003 by the City Council as part of the Heart of Hastings Master Plan. OHDS
regulations are located found in Chapter 155.23, Subd. D of the Hastings City Code
Materials
The applicant is proposing to use the same vinyl siding for the addition that is currently on
the house.
Design
The design of the addition is an extension of the existing house. It would be in the rear of
the property and not easily visible from the street.
RECOMMENDATION
Approval of the structure addition, subject to the following conditions:
1) Proposed modifications must be completed consistent with the plans presented
to the Planning Commission.
2) Approval of a building permit.
3) Approval is subject to a one year Sunset Clause; if significant progress is not
made towards construction of the proposal within one year of City Council
approval, the approval is null and void.
4) The siding of the addition is the same as the rest of the house.
ATTACHMENTS
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Location Map
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Aerial Photograph
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Survey
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Proposed Elevations
Proposed Elevations
(Rear)