Development Business - Sheila Sellman, City Planner
Title
Title
Granting a 150 Square Foot Variance from the 1,200 Square Foot Maximum Garage and Accessory Building Space Allowed with a Conditional Use Permit at 12352 Radisson Road NE. Lon Fiedler (Case File No. 22-0060/EES)
end
Executive Summary
The applicant is requesting a variance to retain an existing shed that was to be removed with the building permit for the home which exceed the allowable square footage allowed in an R-1 (Single Family) zoning district.
Schedule of Actions
|
Planning Commission (Public Hearing) |
09/13/22 |
|
City Council (Variance) |
10/03/22 |
|
City Council (Variance) |
10/17/22 |
|
Action Deadline |
10/22/22 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist, Teresa Barnes, Project Engineer, and Sheila Sellman, City Planner
Zoning
The property is zoned R-1.
Surrounding Zoning and land uses
The property is guided LDR (Low Density Residential).
Existing Conditions
The property has a single-family home that was completed in 2021 and a shed that existed on the property prior to the creation of the lot in 1999 as part of Broken Oaks Third Addition. The home includes a 966 square foot garage.
History
Broken Oaks Third Addition was platted in 1999. The owner subdivided the lot to create this parcel and retained their existing home on the parcel to the south. A condition of the plat was that the shed that existed on the property would need to be incorporated into the building permit for any home built on that lot or be removed as part of the permit.
Evaluation of Request
Site Plan
The property has an existing shed that is approximately 16 feet by 24 feet (384 square feet) and a 966 square foot garage. The building permit issued for the property in 2019 included plans showing the shed would be removed. At this time, the property owner wishes to retain the shed which would result in 1,350 square feet of garage/accessory structures.
The applicant originally proposed to reduce the size of the shed to have the total square footage not exceed 1,200 square feet, resulting in a shed no larger than 234 square feet in area (approximately 16 feet by 14 feet), or a reduction in the size of the attached garage to 816 square feet. The applicant has since requested a variance to retain the shed in its current size.
Variance Analysis
(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. A variance may be granted only in the event that the following circumstances exist.
1. Exceptional or extraordinary circumstances apply to the property which do not apply generally to other properties in the same zone or vicinity, and result from lot size or shape, topography, or other circumstances over which the owners of the property, since enactment of this ordinance, have had no control.
2. The literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
3. That the special conditions or circumstances do not result from the actions of the applicant.
4. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other owners of lands, structures or buildings within the same district.
5. That the variance requested is the minimum variance which would alleviate the hardship. Economic considerations alone shall not be considered a hardship.
6. A variance would not be materially detrimental to the purposes of this ordinance, or to other property in the same zone.
7. The proposed variance will not impair an adequate supply of light and air to the adjacent property, or substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. The proposed variance would not impact supply of light or air to the adjacent property or increase congestion, fire risk, or endanger public safety.
(b) The City Council may impose such restrictions and conditions upon the premises benefited by the variance as may be necessary to comply with the standards established by this ordinance, or to reduce or minimize the effect of such variance upon other properties in the neighborhood, and to better carry out the intent of the variance.
The applicant provided a narrative explaining their justification for a variance. Arguments included that the lot is deeper than typical, most of the attached garage is used as a play area for grandchildren, reducing the size would cost $5,000, and the shed is screened from the neighbors by mature trees. No practical difficulty was identified by the applicant.
In 2020, the City Council considered a variance request for a total of 2,000 square feet of garage space 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.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted unanimously to recommend approval of the conditional use permit. There were no comments at the public hearing.
The Planning Commission voted 4-3 to recommend denial of the variance request. Comments from the Commission included a desire to not require an existing structure to be removed, and opposition to granting a variance since it would set a precedent and the property owner agreed to remove the shed with their building permit application and is now seeking to not follow the agreement.
Olson, Gorzycki, Goracke, and Halpern voted in favor of the motion (recommending denial). Deonauth, Homan, and Swanson voted in opposition to the motion
At the October 3, 2022 City Council meeting the Council directed staff to bring the request back to the next meeting with findings to approve the variance request.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the City’s website.
Staff Recommendation
By motion, approve the resolution to deny the variance request.
Attachment List
Zoning and Location Map
Survey
Existing Conditions Photos
Variance Narrative
Resolution 99-164
Public Comment
Unapproved Planning Commission Minutes
Body
WHEREAS, an application has been filed by Lon Fiedler as Case File No. 22-0060 for a 150 square foot variance to the 1,200 square foot maximum garage and accessory building space allowed with a conditional use permit; and
WHEREAS, said case involves the land described as follows:
Lot 9 Block 1 BROKEN OAKS 3RD ADDITION
WHEREAS, a public hearing has been held by the Blaine Planning Commission on September 13, 2022 and the Planning Commission recommends denial of the requested variance; and
WHEREAS, the Blaine City Council has reviewed said case on October 3, 2022 and on October 17, 2022.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a variance is hereby approved per Section 27.04, 27.06 and 29.034(g) of the Zoning Ordinance to allow for a 150 square foot variance from the 1,200 square foot maximum garage and accessory building space allowed with a conditional use permit, with the following findings:
1. The variance requested would not be materially detrimental to the purposes of this ordinance, or to other property owners in the same zone as the shed matches the house and the appearance from the street meets residential character.
2. The proposed variance will not impair an adequate supply of light and air to the adjacent property, substantially increase the congestion of public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the neighborhood.
PASSED by the City Council of the City of Blaine this 17th day of October, 2022.