HomeMy WebLinkAboutResolution PC2023-03 signedCity of Stillwater
Washington County, Minnesota
RESOLUTION PC2023-03
VARIANCE REQUEST TO DECREASE THE EXTERIOR SIDE YARD SETBACK TO
FACILITATE CONSTRUCTION OF AN ADDITION AT 503 4th STREET NORTH
WHEREAS, the City of Stillwater received a Variance application from Sheryl Weitzel
("Applicant"), located at 503 4th Street North, legally described as in Exhibit A (the "Property"),
regarding the construction of a 112 square foot addition; and
WHEREAS, the requested variance is for a reduced exterior side yard setback of 7 feet,
where 20 feet is required per the RB Two -Family district; and
WHEREAS, the on March 29, 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 exterior side yard setback of 7
feet for a 112 square foot enclosed porch addition. 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
03/29/2023.
1. The property owner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance.
a. The proposed reconstruction of a previous lawful nonconforming porch
in the RB district is a reasonable use and is permitted within the district
and consistent with historic development in the district, provided
appropriate regulations and timelines 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 and the existing
single-family dwelling which is currently lawful nonconforming and the
previously existing porch 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.
b. Further, while there was the intention to reconstruct the porch as is and
events prevented its immediate reconstruction, the discontinuance of
the original porch was created by the property owner in 2019.
c. Additionally, Staff collectively concurs that there are other opportunities
for outdoor amenities to service the existing door facing Cherry Street
W. For example, steps, walkway, or patio could be installed to give the
door functional purpose. However, these options do not result in the
desired indoor area, nor replace what was existing three years ago.
3. The variance, if granted, will not alter the essential character of the locality.
a. Granting the variance to approve the construction of the porch will not
alter the essential character of the neighborhood. Examples of similar
lawful nonconforming front yard setbacks, specifically for porches, can
be highlighted across the street, directly adjacent to the Property, and
throughout the neighborhood.
4. Economic considerations alone do not constitute practical difficulties.
a. The request to construct an addition along the existing dwelling within
the front yard setback 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. The request to construct the addition would have met standards in effect
at the original time of construction.
6. The proposed structure would not encroach any further into the setback than
the existing structure.
a. It is worth noting that the proposed porch does not encroach further into
the previous lawful nonconforming setback. However, staff does
acknowledge the proposed addition will encroach further into the current
lawful nonconforming setback that was established one year after the
discontinuance of the original porch.
Conditions of Approval
1. The proposed variance meets the practical difficulty test, as found in staff report
dated 03/29/2023.
2. Plans shall be substantially similar to those found on file with Case CD2022-
86, except as modified by the conditions herein.
3. 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.
4. The applicant shall work with Building Department Staff to ensure a complete
building permit is applied for.
Adopted by the City Planning Commission this 29th day of March, 2023.
CITY OF STIL``LWATER
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Jo n Dybvig, Plap ring G6mmission Chair
ATTEST:
Tim Gladhill, Community Development Director
EXHIBIT A
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