Sponsor - Elizabeth Showalter, Community Development Specialist
Title
Title
Public Hearing Case File No. 23-0009 // Dan Heathfield // 11391 President Drive NE
The applicant is requesting the following:
1. Conditional use permit to have 1,200 square feet of garage and accessory building space and a total of three accessory buildings in an R-1 (Single Family) zoning district (attached garage, shop building, shed).
2. A 185 square foot variance from the 1,200 square feet maximum area of garage and accessory building space with a conditional use permit, to permit a total of 1,385 square feet of garage and accessory building space.
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Background
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Zoning |
R-1 (Single Family) |
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Land Use |
LDR (Low Density Residential) |
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Area |
0.39 Acres |
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Applicable Regulations |
27.04, 27.06 and 29.034 (f) and (g) |
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of the Zoning Code |
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Attachments |
Zoning and Location Map |
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Aerial Photo |
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Photos of Home and Structures |
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Variance Narrative |
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Schedule |
Planning Commission: 03/14/23 |
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City Council: 04/03/23 |
Staff report prepared by Elizabeth Showalter, Community Development Specialist
and Teresa Barnes, Project Engineer
Executive Summary
Zoning
The property is zoned R-1 (Single Family).
Surrounding Zoning and uses
The adjacent properties are zoned R-1 and occupied by single family homes.
Comprehensive Land Use
The subject property and adjacent properties are guided LDR (Low Density Residential).
Existing Conditions
The property is 0.4 acres, but there is a pending plat that will add 0.9 acres (currently an adjacent outlot) to the property resulting in a combined total area of 1.3 acres. The property has a single-family home, 798 square foot attached garage, 448 square foot shop, and 140 square foot shed.
History
A final plat was approved for Perry Heathfield Preserve under resolution 22-152. A condition of approval on the plat was that the excess accessory buildings on the property must be removed or obtain necessary land use approvals. The applicant is choosing to apply for the necessary CUP and variance to avoid removing the excess accessory buildings.
The home was constructed without a garage in 1965. In 1981, a 12x16 foot (192 square feet) structure was constructed (now the shop). The attached garage was constructed in 1991 after issuance of a variance for the front yard setback, which was a continuation of the front plane of the home and did not meet the front yard setback requirements. In 2020, the applicant added on to the existing detached structure to make it a 448 square foot (16x28) shop. In 2022, a 140 square foot shed was added to the property. The expansion of the shed into a larger shop building and the 140 square foot garden shed both required permits, but no permits were obtained.
Evaluation of Request
Code Requirement
The code allows for 1,000 square feet of garage and accessory building space or up to 1,200 square feet with a conditional use permit. The applicant is requesting a variance to have 1,385 square feet of garage and accessory building space.
The intent of the zoning code provision limiting garage and accessory building space was to ensure residential districts maintained a residential character. The Council found that larger garage and accessory buildings broke with that character. There has also been a concern that large garages and accessory buildings are often used for illegal home-based businesses, either by the party constructing them or future owners of the property. In this case, the applicant has indicated the shop building is used for hobby purposes, however the concern remains as to how future owners would use the space.
Site Plan
The shop building is located 6 feet from the property line and consists of two portions. The original portion of the building is quite tall, and appears to be taller than the principal structure, which is in violation of the current city code. This was not in violation at the time of construction, which was prior to the code requirement that accessory structures not be taller than the home.
The structure was added onto in 2020 and that portion appears to be shorter than the home. Therefore, the height of the structure is legal nonconforming. Accessory structures greater than 120 square feet must meet a 5-foot setback, which the shop building does. The code requires that “the architectural style and color of a garage and accessory building shall be compatible with the principal building.” The design of the shop building is not particularly compatible with the home. It may be modified to match the color of the home, but the design of the building cannot be easily modified. The tall portion of the outbuilding predates this code requirement. With the review of the conditional use permit and variance, the Planning Commission and City Council may determine if the addition to the building meets the code requirement to be compatible with the principal building.
A shed is also located on the property which must meet a 5-foot setback. If the land use approvals are granted, the applicant will need to obtain a permit for that structure, and conformance with the required 5-foot setback will be verified as part of that permit review and inspections. If allowed to remain (through the granting of a variance), the shed shall be painted to match the colors of the home. It is reasonably compatible with the principal structure.
Grading/Storm Drainage
Any proposed work on the property, whether to remove or remodel any of the accessory structure space will maintain existing drainage patterns. The accessory structures will not be permitted to be within the platted drainage and utility easement for the drainage ditch along the future rear lot line.
Wetlands/Watershed
The accessory structures will not be permitted to be within the platted drainage and utility easement along the drainage ditch and along the future rear lot line maintained by the Coon Creek Watershed District.
Access/Street Design
The frontage of the lot is a standard residential lot and will not be granted any additional access to the property. No street design is required.
Easements/Right-of-way/Permits
The accessory structures will not be permitted to be within the platted drainage and utility easement along the drainage ditch. The property owner will be required to obtain the necessary permits as mentioned previously.
Conditional Use Permit
A city exercises “quasi-judicial” authority when considering a CUP application. This means the city’s role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards.
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The additional square footage of garage and accessory building space will not create additional burden on public facilities or utilities.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. With modifications to the structures required in the conditions, the use will be compatible with adjoining properties and the character of the district.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. With modifications to the structures required in the conditions, the appearance will not have an adverse effect on adjacent properties.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The use is consistent with the the zoning code and the district.
6. The use shall not be in conflict with the comprehensive plan of the City. The use is not in conflict with the comprehensive plan.
7. The use will not cause traffic hazard or congestion. The additional accessory space on the property will not result in any additional traffic hazards or additional congestion to the area.
8. The use shall have adequate utilities, access roads, drainage, and necessary facilities. The property and accessory structures will have the required utility services, adequate roads and necessary drainage facilities to service the property.
Variance
When considering variances, the Council should evaluate the request against the variance criteria in the code and consider the precedent set by other variance considerations.
2247 125th Avenue NE (PC 20-0025)
The City Council considered a variance request for a total of 2,392 square feet of accessory space (consisting of a 1,200 square foot detached garage and a 1,192 square foot attached garage) on a 12.8-acre property. The proposed accessory buildings were not visible from any nearby properties or from the public street (they were set back over 600 feet from 125th Avenue). The Council approved the variance based on the extreme difference in size of the lot from other R-1AA lots and the lack of visibility from other properties and the public road.
8631 Baltimore Street NE (PC20-0041)
The City Council considered a variance request for a 2,000 square foot detached garage on a 0.91-acre lot in an R-1 district at 8631 Baltimore Street NE. The applicant argued that the larger lot size was a practical difficulty and the City Council found that no practical difficulty was demonstrated, no exceptional circumstances applied to the property, and the variance would have conferred special privileges denied by the zoning ordinance to other property owners in the vicinity.
12352 Radisson Road NE (PC22-0060)
The City Council considered a variance request for a total of 1,362 square feet of garage and accessory building space on a 0.85-acre lot in an R-1 zoning district at 12352 Radisson Road NE, consisting of an attached garage and a 384 square foot outbuilding. The applicant argued that the larger lot size was a practical difficulty and that the detached structure was compatible with the neighborhood and surrounding properties. The detached structure in this case had siding and trim that was an exact match for the materials on the home and had minimal visibility from the street. The attached garage was also designed in a manner than reduced the apparent size of the garage as it appeared to be a typical two car garage from the street and the greater than typical depth was pair with windows on the side of the home to make it appear like living space from the side of the home.
(a) Criteria for granting variances. A variance to the provision of the zoning ordinance may be issued by the City Council to provide relief to the landowner in those cases where the ordinance imposes practical difficulty on the property owner in the use of his land. No use variances may be issued.
(1) Variances shall only be permitted:
(a) When they are in harmony with the general purposes and intent of the ordinance. The requested variance is generally consistent with the purposes and intent of the zoning ordinance.
(b) When the variances are consistent with the comprehensive plan. The requested variance is consistent with the comprehensive plan.
(2) Variances may be granted when the applicant for the variances establishes that there are practical difficulties in complying with the zoning. Practical difficulties, as used in connection with the granting of a variance, means that:
(a) The property owner proposes to use the property in a reasonable manner not permitted by the zoning code. 1,385 square feet of garage and accessory building space may or may not be considered a reasonable use of the property.
(b) The plight of the landowner is due to circumstances unique to the property not created by the landowner; the applicant has identified the larger lot as a unique circumstance. The City Council has previously found this to be a unique circumstance on two of three requests for variances for additional accessory building space.
(c) The variance, if granted will not alter the essential character of the locality. The shop and shed are not visible from the street but are visible from adjacent properties. Additional accessory building space may be considered to break with the residential character of the neighborhood.
(d) Economic considerations alone do not constitute practical difficulties. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. The variance is not for economic reasons.
(e) The variance requested is the minimum variance which would alleviate the unique circumstances. The applicant has indicated that the accessory buildings currently located on the property are the minimum size to accommodate his uses of the various spaces. Staff does not see a relationship between the unique circumstances (the lot size) and the additional square footage of accessory building space.
Recommendation
In Planning Case File No. 23-0009, it is recommended that the Planning Commission recommend approval of a conditional use permit for 1,200 square feet of garage and accessory building space in an R-1 (Single Family) zoning district with the following conditions:
1. Any remaining accessory buildings shall be painted to match the existing home.
In Planning Case File No. 23-0009, the Planning Commission may choose from the following options for the requested variance:
1. Deny the variance with the following rationale:
(a) The appearance will have an adverse effect on neighboring properties.
(b) The unique circumstance of a larger lot is not related to the request for additional square footage of accessory building space.
2. Approve the 185 square foot variance as requested, with the following conditions:
(a) The shop building and shed shall be modified to match the siding and trim of the home.
3. Approve a 45 square foot variance, which allows the shop to remain, with the following conditions:
(a) The shed shall be removed by June 1, 2023.
(b) The shop shall be modified to match the siding and trim of the home.