HomeMy WebLinkAbout20181002_Planning_Minutes MINUTES OF PLANNING COMMISSION October 2, 2018 6:00 PM The meeting was called to order at 6:00 pm by Chair Szurek. Commission Members present- Sahnow, Novitsky, Hoium, Schill, Kaiser, and Szurek. Members Absent: Fiorendino Also present were Elizabeth Hammond (Planner), Shelley Hanson (Secretary), and John Murzyn (Council Liaison). APPROVAL OF MINUTES Motion by Hoium , seconded by Schill, to approve the minutes from the meeting of September 5, 2018. All ayes. MOTION PASSED. PUBLIC HEARING CASE #: 2018-1001 APPLICANT: Richard & Bonnie Walker LOCATION: 1020 Lincoln Terrace NE REQUEST: Variance to Required Side Yard Setback Hammond explained that Richard and Bonnie Walker have requested a Variance to the side yard setback for the subject property. Currently, there is an attached garage on the property. The garage is located on the east side of the house, with driveway access provided off Lincoln Terrace NE. The current garage is smaller than what the homeowners feel will fit their needs, and narrower than a typical garage built to the current zoning code requirements (a minimum of 20 feet by 20 feet) as such, they wish to add on to the existing garage to allow for additional vehicular storage. A survey is attached illustrating the proposal. The front of the house and garage face Lincoln Terrace NE; there are currently two entrances to the home, and the farthest east entrance near the garage will be enclosed in the garage. The entrance to the west will remain and serve as the primary entrance. The garage is currently 4.5 feet from the side (east) lot line. The required side yard setback is 7 feet. The applicants are requesting a variance of 2.5 feet. The original garage was built within the required setback, and the proposed addition would keep the existing building line consistent, rather than moving the garage farther west to meet the required setback. ZONING ORDINANCE The property is located in the R-1 Single Family Residential Zoning District. The properties to the north, south, east and west are zoned R-1, Single Family Residential. COMPREHENSIVE PLAN On the future land use map, the Comprehensive Plan guides this property for low density residential. The proposed garage will enhance the residential use of the property, by providing appropriate vehicular storage. 20180925_Resolution_1020_Lincoln_Terr Planning Commission Minutes Page 2 October 2, 2018 SITE PLAN The owner has submitted a legal certificate of survey dated August 21, 2018 indicating the proposed location of the garage. The survey illustrates that the garage addition will be located on the north corner and east side of the house. FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant a Variance. They are as follows: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. This is correct. Due to the fact that the attached garage is located 4.5 feet from the property line, the homeowners wish to keep a consistent building line with the proposed garage addition. Also, if the garage were to be moved 2.5 feet farther west, it would require the garage to be moved toward the front window, rather than in line with the existing corner of the house. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. The conditions are unique to this property due to the existing location of the home and attached garage. Expanding the garage towards the street, with the same building line, makes the most practical sense based on the existing conditions on this parcel. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. This is correct. The adjacent properties existing garages extend farther north than the applicant’s current garage. The proposed garage addition would be consistent with the building line of the adjacent homes. Staff recommends that the Planning Commission recommend approval of Resolution No. 2018-76, approving Variances for the property located at 1020 Lincoln Terrace NE (Property Identification Number: 25-30-24-23- 0102) as follows: 1) Waiver to Section 9.109 (C)-allowing an addition to an attached accessory structure to be located 4.5’ feet from the side (east) property line. Planning Commission Minutes Page 3 October 2, 2018 Questions from members: Hoium asked if notices had been sent to neighboring properties. Hammond stated they had. She told members that she had received one inquiry for more information from a neighbor to the south. She said once the person received the information they had no objection to the variance request. Hoium stated there seems to be many properties along that street that don’t meet the side yard setback requirements. Hammond said it is evident that the code and setbacks were changed after the homes in that area were constructed, and that this variance, if approved, is not unusual for this neighborhood. Szurek asked Hammond if the garage addition was going to be in front of the existing attached garage making it closer to the street. Hammond said that was correct. Szurek then asked if garages were supposed to be behind the front face of the house. Hammond stated that attached garages must meet the front yard setback, but do not have to be behind the front side of the house. Detached garages need to be even with or behind the front of the house. Hammond went on to state that this garage still meets the front yard setback requirement. It was noted that the houses in this block vary in their setback distances from the street, and are not uniform which is usually the case in other areas of the city. Motion by Schill, seconded by Hoium, to waive the reading of Resolution 2018-76, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schill, seconded by Hoium, to recommend the City Council approve Resolution 2018-76, approving a Variance for the property located at 1020 Lincoln Terrace (PIN 25-30-24-23-0102). All ayes. MOTION PASSED. The following Resolution will go to the City Council October 8, 2018. RESOLUTION NO. 2018-76 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving Variances for the property located at 1020 Lincoln Terrace NE. Whereas, a proposal (Case # 2018-1001) has been submitted by Richard and Bonnie Walker to the City Council requesting variances from the City of Columbia Heights Zoning Code at the following location: ADDRESS: 1020 Lincoln Terrace NE (Property Identification Number: 25-30-24-23-0102) LEGAL DESCRIPTION: On file at City Hall. Planning Commission Minutes Page 4 October 2, 2018 THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.109 (C)-allowing an addition to an attached accessory structure to be located 4.5’ feet from the side (east) property line. Whereas, the Planning Commission has held a public hearing as required by the City Zoning Code on October nd 2, 2018; Whereas, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variances upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. ORDER OF COUNCIL th Passed this 8 day of October, 2018 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest: Katie Bruno, City Clerk/Council Secretary Planning Commission Minutes Page 5 October 2, 2018 OTHER BUSINESS The November meeting is being cancelled due to lack of agenda items. The next regularly scheduled Planning Commission meeting will be on Tuesday, December 4th at 6:00 pm. Motion by Kaiser, seconded by Schill to adjourn the meeting at 6:12 pm. Respectfully submitted, Shelley Hanson Secretary