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HomeMy WebLinkAboutResolution PC2023-02 signedCity of Stillwater Washington County, Minnesota RESOLUTION PC2023-02 VARIANCE REQUEST TO DECREASE THE FRONT YARD SETBACK AND GARAGE PLACEMENT TO FACILITATE CONSTRUCTION OF AN ATTACHED GARAGE AT 1229 3Id AVENUE SOUTH WHEREAS, the City of Stillwater received a Variance application from Mark Ogren ("Property Owner") and Bob Moser ("Applicant"), located at 1229 3rd Avenue South, legally described as in Exhibit A (the "Property"), regarding the construction of a 400 square foot attached garage; and WHEREAS, the requested variance is for a reduced front yard setback of 0 feet from the leading edge of the principal dwelling, where 10 feet is required per the RB Two -Family district; and WHEREAS, the on January 25, 2023, the Planning Commission for the City of Stillwater considered the variance and held a public hearing and took testimony from the public. NOW, THEREFORE, BE IT RESOLVED, that the City Planning Commission of the City of Stillwater hereby approves the variance for a reduced front yard setback of 0 feet from the leading edge of the principal dwelling for a 400 square foot garage. The approval of the variance is subject to the following conditions: The proposed variance meets the practical difficulty test, as found in staff report dated 01 /25/2023 The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. a. The proposed use of the property as a single-family dwelling with an attached garage is a reasonable use and is permitted within the district and consistent with development in the district, provided appropriate regulations are followed. 2. The plight of the landowner is due to circumstances unique to the property not created by the landowner. a. The property was platted in the late nineteenth century. The existing single-family dwelling, which is currently lawful nonconforming in regards to structure front yard setback and garage placement was constructed in 1950, both of which the current property owner did not create. However, the applicant is proposing to demolish the existing structure and replace it with a new dwelling and attached garage. b. Further, while the applicant is bringing the overall principal structure into compliance with regards to structure setbacks, they are designing the proposed attached garage in a nonconforming layout. Staff does recognize an attempt by the applicant to design the attached garage in which the garage is deemphasized by situating the front porch ten feet in front of the garage and principal structure. c. Additionally, Staff collectively concurs that the site does have physical constraints in regards to slopes in the rear yard. There also appears to be room to shift the principal structure forward so that it continues to comply with the required structure front yard setback and the garage placement setback, without having to move the entire structure back where it may impact steep slope setbacks. However, staff recognizes that moving the structure forward would impact the applicants attempt to standardized the front yard setback with adjacent dwellings. 3. The variance, if granted, will not alter the essential character of the locality. a. Granting the variance to approve the construction garage located in line with the principal structure will not alter the essential character of the neighborhood. Examples of similar lawful nonconforming garage placements can be seen in the adjacent home to the north and the pattern continues along the east side of 3rd Avenue South. Specifically, most dwelling along the east side of 3rd Avenue South have prominent garage in front of the principal structure. b. It is also worth noting that on the west side of 3rd Avenue South, garages are primarily compliant, detached, and set in the rear of the yard. These residences are also primarily late nineteenth century construction. 4. Economic considerations alone do not constitute practical difficulties. a. The request to construct the attached garage located in line with the principal structure is not based on economic considerations. 5. This standard could have been met at original time of construction with original code at said time of construction. a. Based on the existing dwelling and those adjacent along 3rd Avenue South, it is likely that this style could be constructed at time of original construction. 6. The proposed structure would not encroach any further into setback than existing structure. a. It is worth noting that the existing structure is currently lawful nonconforming in regards to the entire structure setback as well as garage placement. While the new structure would not impact the overall setback requirements, the garage placement would not nonconforming. Conditions of Approval 1. The proposed variance meets the practical difficulty test, as found in staff report dated 01 /25/2022. 2. Plans shall be substantially similar to those found on file with Case CD2022- 85, except as modified by the conditions herein. 3. The building plans must be reviewed and approved by the Heritage Preservation Commission. 4. All changes to the approved plans will need to be reviewed and approved by the Community Development Director. Any major changes will need to go to KA the Planning Commission and/or the Heritage Preservation Commission for review and approval. 5. The applicant shall work with Building Department Staff to ensure a complete building permit is applied for. Adopted by the City Planning Commission this 25th day of January, 2023. CITY OF STILLWATER Joh Dybvig, Plan mg 06mmission Chair AT EST: Ti Gladhill, Community Development Director 3 EXHIBIT A Legal Description of the Applicant's Property Abstract Property Type Parcel ID: 34-030-20-23-0114 The South 19 feet of Lot 7, Lot 8, the North 6 feet of Lot 9, the North 6 feet of Lot 10, Lot 11 the South 19 feet of Lot 12, Block 10, Hersey, Staples and Co.'s Addition to Stillwater, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota, and vacated Second Avenue South, lying between the Southerly line of the lots above -described produced Easterly and the Northerly line of the lots above -described produced Easterly; and The North 76 feet of the South 120 feet of Lot 18 and the North 76 Feet of the South 120 feet of Lot 19, Block 11, of Hersey, Staples & Co.'s Addition to Stillwater, according to the plat thereof on file and of record in the office of the County Recorder, Washington County, Minnesota. and That part of Lots 18 and 19, Block 11, Hersey, Staples and Co.'s Addition to Stillwater, according to the plat thereof on file and of record in the office of the County Recorder in and for Washington County, Minnesota which lines north of the south 120.00 feet thereof EXCEPTING therefrom the north 5.00 feet thereof; and The East Half of vacated Second Avenue South, lying between the Southerly line of the lots above -described produced Westerly and the Northerly line of the lots above -described produced Westerly. 4