HomeMy WebLinkAbout20091102 - VIII-B-1
Memo
To: Mayor Hicks and City Council Members
From: Justin Fortney, Associate Planner
Date: November 2, 2009
SubjectThomas Cooper Bates
: – Variance #2009-32- Variance to side setbacks
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for a deck at 312 4 St E
REQUEST
The applicant is proposing to build a deck on the rear of his home and requests the
following actions to allow it:
1. Variance from City Code Chapter 155.50, Residential District Lot Regulations. The
current City Code requires decks in the R-2 district to have a five-foot sideyard
setback. The applicant is applying for a 3-foot 5-inch Sideyard variance to build the
proposed deck on the rear of the home.
RECOMMENDATION
At the October 26, 2009 Planning Commission meeting, Commissioners voted 7-0 to
recommend approval of the proposed variance.
Notification of Adjoining Property Owners
Notification was sent to adjoining property owners. No comments have been received at
this time.
ATTACHMENTS
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Resolution
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Location Map
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Aerial Photograph
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Survey/ application letter
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Elevations
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Site plan
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 1860, almost 100 years before setback requirements.
Area Setback
VARIANCE REVIEW
Front 20’
Side 7’
Minimum Setback Requirements
Rear 20’
Minimum setback requirements for homes in the R-2 District are:
Decks
Rear 5”
Sides 5’
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 15.
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 15 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.
HASTINGS CITY COUNCIL
RESOLUTION NO._________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HASTINGS GRANTING A
VARIANCE TO THE SIDE SETBACK AT 312 4TH ST EAST ON LOT 2, BLOCK 31,
TOWN OF HASTINGS BLKS 1 THRU 99 FROM THOMAS COOPER BATES.
Council member _______________________ introduced the following Resolution and
___________________ moved its adoption:
WHEREAS
, Thomas Cooper Bateshas petitioned for a variance to build a rear deck into the
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required side yard setback located at 312 4 Street East legally described as Lot 2, Block 31, Town
of Hastings Blks 1 Thru 99; and
WHEREAS
, on October 26, 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 request as presented to the City Council based on the
following findings of fact:
1)The existing home was constructed in 1860 before the establishment of any 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.
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 proposed deck.
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
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adopted by the City of Hastings, County of Dakota, Minnesota, on the 2 day of November 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