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Home My WebLink About17-038 - ADMIN Resolution - City Council - 2017/02/21RESOLUTION NO. 17-038 RESOLUTION ADOPTING FINDINGS AND DECISION REVERSING THE BOARD OF ZONING APPEALS (BOZA) DENIAL OF LIBRARY LANE LLC'S APPLICATION FOR VARIANCE AT 3338 LIBRARY LANE BE IT RESOLVED by the City Council of the City of St. Louis Park, Minnesota, that the following Findings and Decision are adopted reversing the Board of Zoning Appeals (BOZA) denial of Library Lane LLC's application for a variance to the accessory building ground floor area. PROCEDURAL BACKGROUND 1. On or about October 28, 2016, Marge Nelson, Chief Manager for Library Lane LLC filed a written request for a variance related to the ground floor area for accessory buildings. Specifically, the applicant is requesting a ground floor area of 1,056 square feet instead of the 800 square foot maximum allowed by code for the construction of a second detached garage. 2. On November 29, 2016, BOZA conducted a public hearing regarding the application. 3. BOZA voted 3-1 to deny the variance application. BOZA adopted Resolution 3- 16. 4. Marge Nelson, Chief Manager for Library Lane LLC appealed the decision to the City Council on December 6, 2016. 2017. The City Council conducted a public hearing regarding the matter on February 6, 6. The record consists of the following: a. Council staff report — February 6, 2017. b. Draft resolution upholding the BOZA determination. C. Letter of appeal to city council, dated December 6, 2016. d. Development plans. e. BOZA resolution denying variance. f BOZA staff report with attachments —November 29, 2016. g. BOZA minutes —November 29, 2016. h. Exhibits submitted to BOZA at the public hearing. 7. The City Council closed the public hearing, and on a 5-0 vote directed staff to draft a Resolution approving the variance application. 8. The Resolution approving the variance to allow a 256 square foot variance to allow 1,056 square feet of ground floor area for accessory buildings instead of the 800 square foot maximum allowed by code came before the City Council on February 21, 2017. FINDINGS OF FACT The property is located at 3338 Library Lane, St. Louis Park, Minnesota ("Subject Property"). Resolution No. 17-038 -2- 2. The Subject Property is zoned R-2 Single -Family Residence. 3. The applicant is seeking to construct a second detached garage which requires a 256 square foot variance to the ground floor area maximum to allow 1,056 square feet of ground floor area instead of the required 800 square foot maximum required by code. 4. When reviewing the variances, the following criteria were examined and findings determined: A. The effect of the proposed variance upon the health, safety, and welfare of the community. The neighbors provided letters in support of the project. The proposed garage is adjacent to an alley and city street, so it does not directly impact adjacent residential properties. B. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. The property is improved with a duplex. There is currently one two -car garage for one tenant. The proposed garage will be for the use of the other tenant in the duplex. This is consistent with the general purpose and intent of the zoning ordinance to allow each dwelling unit to have a two -car garage. C. Whether or not the request is consistent with the Comprehensive Plan. The Comprehensive Plan encourages "move -up housing", which is achieved through remodeling existing homes and includes additions to homes and garages. D. Whether or not the applicant establishes that there are practical difficulties in complying with the Zoning Ordinance. Practical Difficulty means: I The proposed use is permitted in the zoning district in which the land is located. A variance can be requested for dimensional items only. The property is zoned R-2 Single -Family Residence, and detached garages are a permitted accessory use. 2. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. The property was improved with a duplex in 1949. Duplexes are not permitted in the R-2 Zoning District, so the existing duplex is legally non- conforming. The existing garage was constructed in 2016 by the current property owner. Prior to the new garage and the current request, the property did not have garages and tenants parked on a gravel surface in the back yard. 3. The variance, if granted, will not alter the essential character of the locality. Resolution No. 17-038 -3- The property is larger than most in the area. The home owner is able to construct the proposed garage and maintain a large private open space in the back yard. The amount of impervious surface on the property will be reduced as a result of the new garage, thereby increasing the amount of open space in the backyard. 4. Economic considerations alone do not constitute practical difficulties. Economic considerations are not the primary issue to be remedied by the variance. 5. Practical difficulties include inadequate access to direct sunlight for solar energy systems. Access to direct sunlight is not a factor in the request or the project. E. Whether or not there are circumstances unique to the shape, topography, water conditions, or other physical conditions of the property. The property is larger than most in the area, so the additional garage space is in keeping with the character of the area. The amount of pervious surface will increase in the back yard as a result of the proposed garage construction. F. Whether or not the granting of the variance is necessary for the preservation and enjoyment of a substantial property right. The granting of the variances enables the tenants of the duplex to have a two -car garage, which is enjoyed by most families in the single-family district. G. Whether or not the granting of the variance will impair light and air to the surrounding properties, unreasonably increase congestion, increase the danger of fire, or endanger public safety. The proposed garage is located adjacent to the alley and I" Street right-of-way, so it is not directly visible from neighboring properties. The proposed garage will also be located farther from the property line than the minimum required setbacks thereby reducing the visible impact from the adjacent right-of-ways. H. Whether or not the granting of the variance will merely serve as a convenience but is necessary to alleviate a practical difficulty. The granting of the variance will not merely serve as a convenience. The variance will allow each family in the duplex to have a two -car garage which is commonly enjoyed by residents in the neighborhood. DECISION Based upon the above findings, the Board of Zoning Appeals' denial of Library Lane LLC's variance application is reversed. The requested variance for 1,056 square feet of ground floor area for accessory buildings instead of the 800 square feet maximum required by code is Resolution No. 17-038 -4- d with the condition that the variance allows only the two garages as presented to the city and adopted as exhibits to this Resolution. for Tom 14aAnbrling, City Manager Attest: LPr Melrssj Kenne4 Clerk by the City Council February 21, 2017 Resolution No. 17-038 Exhibits to Resolution: Survey -5- ma �os�io6`�0'aE . NrivA0 gel p ®b \ O W W 3 od F ��Si F V33 Agg AI }, yW� u T�Q i� � S n41� I8n o€ NN�vix i$ 'M i 8 � OH Id � .9 s��H Mt 000000000000 o o o o o o o o o o$ 0000 a �" aHxF93"� au 8 uusu 00 Ilis jl� a o®®®® s$ tae ma �os�io6`�0'aE . NrivA0 gel p ®b \ Resolution No. 17-038 Construction Detail DOUBLE 2"X 4" TOP PLATE 31/2" WALL STUDS 16" 2" X 4 TREATED BOTTOM 4" CONCRETE SLAB - 12 -74 v� O I am ASPHALTSHINGELS FELT PAPER ICE & WATER SHIELD 1/2" OSB SHEATHING 2" X 4" TRUSSES 24" O.C. DRIP EDGE 1"X6" FASCIA ALUMINUM SOFFIT & FASCIA 4" LAP SIDING HOUSE WRAP (BUILDING PAPER) 1/2" SHEATHING NKOR BOLTS CONCRETE BLK 12" CONT. CONCRETE FOOTING REBAR (2) CONTINUOUS @ PERIMETER