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Home My WebLink About20090706 - VIII-B-1 Memo To: Mayor Hicks and City Council Members From: Justin Fortney, Associate Planner Date: July 6, 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 rear of his house inline with the existing west wall 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. RECOMMENDATION At the June 22, 2009 Planning Commission meeting, Commissioners voted 7-0 to recommend approval of the proposed variance and the garage design based on the OHDS review. Notification of Adjoining Property Owners Notification was sent to adjoining property owners. No comments have been received at this time. ATTACHMENTS ? Resolution 1 (variance) ? Resolution 2 (OHDS Review) ? Location Map/ Aerial Photograph ? Picture of home/ Survey ? Proposed Elevations 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. 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. HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A RD VARIANCE TO THE SIDE SETBACK AT 504 3 ST W ON LOT 4, BLOCK 62, TOWN OF HASTINGS BLKS 1 THRU 99 FROM JAMES LEHMANN. Council member _______________________ introduced the following Resolution and ___________________ moved its adoption: WHEREAS , James Lehmann has petitioned for a variance to expand the rear of the house rd into the required side yard setback located at 504 3 Street West legally described as Lot 4, Block 62, Town of Hastings Blks 1 Thru 99; and WHEREAS , on June 22, 2009, the request was reviewed by the Planning Commission of the City of Hastings, as required by state law, city charter and city ordinance; and WHEREAS the Planning Commission recommended approval of the request to the City Council subject to the conditions contained herein; and WHEREAS The City Council has reviewed the request and concurs with the recommendation of the Planning Commission; and NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council hereby approves the Site Plan as presented to the City Council based on the following findings of fact: 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; and That the City Council hereby approves the proposed variance as presented to the City Council with the following condition: 1)The variance only applies to the house and proposed addition. Council member __________________ moved a second to this resolution and upon being put to a vote adopted by _____ present. Ayes: ____ Nays: _____ Absent: ______ ATTEST: ______________________________ Paul J. Hicks, Mayor _____________________________________ Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and th adopted by the City of Hastings, County of Dakota, Minnesota, on the 6 day of July 2009, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee City Clerk (SEAL) This instrument drafted by: City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 HASTINGS CITY COUNCIL RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING ORIGINAL HASTINGS DESIGN STANDARDS REVIEW APPROVAL RD FOR A REAR ADDITION AT 504 3 ST W ON LOT 4, BLOCK 62, TOWN OF HASTINGS BLKS 1 THRU 99 FROM JAMES LEHMANN. Council member ___________________________ introduced the following Resolution and moved its adoption: RD WHEREAS , James Lehmann has petitioned for an application to build a rear addition at 504 3 ST Wlegally described as Lot 4, Block 62, Town of Hastings Blks 1 thru 99; and WHEREAS , property improvements are subject to City Code Chapter 155.23, Subd. (D)- Original Hastings Design Standards; and WHEREAS , the Planning Commission of the City of Hastings recommended approval of the request. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: That the City Council concurs with the recommendation of the Planning Commission and hereby approves the Original Hastings Design Standards Review as presented to the City Council 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. Council member _____________________ moved a second to this resolution, and upon being put to a vote it was unanimously adopted by all Council members present. Adopted by the Hastings City Council on July 6, 2009, by the following vote: Ayes: ____ Nays: _____ Absent: ______ ATTEST: ______________________________ Paul J. Hicks, Mayor _____________________________________ Melanie Mesko Lee, City Clerk (City Seal) I HEREBY CERTIFY that the above is a true and correct copy of resolution presented to and th adopted by the City of Hastings, County of Dakota, Minnesota, on the 6 day of July, 2009, as disclosed by the records of the City of Hastings on file and of record in the office. ______________________________ (SEAL) Melanie Mesko Lee, City Clerk This instrument drafted by: City of Hastings (JJF) 101 4th St. East Hastings, MN 55033 Proposed Addition Proposed Elevations (Rear)