HomeMy WebLinkAboutResolution PC2022-09 signedCity of Stillwater
Washington County, Minnesota
RESOLUTION PC2022-09
VARIANCE REQUEST TO DECREASE THE EXTERIOR SIDE YARD SETBACK TO
FACILITATE CONSTRUCTION OF AN ADDITION AT 704 5T" STREET NORTH
WHEREAS, the City of Stillwater received a Variance application from David deLeon
("Applicant"), located at 704 5th St N, legally described as in Exhibit A (the "Property"),
regarding the construction of a 420 square foot addiiton; and
WHEREAS, the requested variance is for a reduced exterior side yard setback of 18.2
feet, where 30 feet is required per the RB Two -Family district; and
WHEREAS, the on October 26, 2022, 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 side yard setback of 18.2 feet
for a 420 square foot addition. The approval of the variance is subject to the following
conditions:
1. The proposed variance meets the practical difficulty test, as found in staff report
dated 10/26/2022.
a. The property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance.
i. The proposed construction of an addition to a single-family
dwelling in the RB district is a reasonable use and is permitted
within the district and consistent with development in the district.
ii. The Applicants propose to construct the addition at the existing
setback in order to provide design consistency while maximizing
space. Staff also finds this to be reasonable.
b. The plight of the landowner is due to circumstances unique to the
property not created by the landowner.
i. The property was platted in the late nineteenth century and the
existing single-family dwelling was constructed prior to the
current zoning regulation or the existing property owners
purchased it. However, staff understands this alone is not
grounds to warrant a variance.
ii. Additionally, Staff collectively concurs that the applicant could
place the addition in a location that does comply and would not
require a variance, but may not result in the best possible design.
c. The variance, if granted, will not alter the essential character of the
locality.
i. Granting the variance to approve the construction of the addition
will not alter the essential character of the neighborhood.
Examples of similar nonconforming front yard setbacks can be
highlighted across the street and throughout the neighborhood.
d. Economic considerations alone do not constitute practical difficulties.
i. The request to construct an addition along the existing dwelling
within the front yard setback is not based on economic
considerations.
e. This standard could have been met at original time of construction with
original code at said time of construction.
i. The request to construct the addition would have met standards
in effect at the original time of construction.
f. The proposed structure would not encroach any further into setback than
existing structure.
i. The proposed addition will not encroach any further into the legal
nonconforming setback.
2. Plans shall be substantially similar to those found on file with Case CD2022-
70, except as modified by the conditions herein.
3. The applicant shall present the proposed design to the Heritage Preservation
for review and approval.
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
the Planning Commission for review and approval.
5. The applicant shall work with the Middle St. Croix Water Management
Organization to determine necessary permitting requirements.
Adopted by the City Planning Commission this 26th day of October, 2022.
CITY F STILLWATER.
J n Dybvig, Planning Commission Chair
ATTEST:
Ti Gladhill, Community Development Director
EXHIBIT A
2
Legal Description of the Applicant's Property
Abstract Property Type
Parcel ID: 280-30-20-21-0127
Lot 12, excepting therefrom that part of said lot now occupied for public street and also the
East Y2 of Lot 11, all in Block 15, of Staples and Mays Addition to the City of Stillwater,
Washington County, Minnesota.
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