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Home My WebLink About17-039 - ADMIN Resolution - City Council - 2017/02/21RESOLUTION NO. 17-039 RESOLUTION ADOPTING FINDINGS AND DECISION REVERSING THE BOARD OF ZONING APPEALS (BOZA) DENIAL OF KIM ERICKSON'S APPLICATION FOR VARIANCES 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 Kim Erickson's application for a variance to the rear yard, and a variance to the interior side yard. PROCEDURAL BACKGROUND 1. On or about November 16, 2016, Kim Erickson filed a written request for a variance related to the interior side yard and the rear yard. Specifically, the applicant requests a 4.3 foot rear yard where 25 feet is required, and a 5.4 foot interior side yard where 7.4 feet is required. 2. On December 22, 2016, BOZA conducted a public hearing regarding the application. 16. 2017. 3. BOZA voted 2-1 to deny both variance applications. BOZA adopted Resolution 4- Kim Erickson appealed the decision to the City Council on December 29, 2016. The City Council conducted a public hearing regarding the matter on February 16, 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 29, 2016. d. Development plans. C. BOZA resolution denying variances. f. BOZA staff report with attachments — December 22, 2016 g. BOZA minutes (unofficial) — December 22, 2016 h. Exhibits submitted to BOZA at the public hearing. 7. The City Council closed the public hearing, and on a 4-1 vote directed staff to draft a Resolution approving the variance applications. 8. The Resolution approving the variance to allow a 4.3 foot rear yard where 25 feet is required, and a 5.4 foot interior side yard where 7.4 feet is required came before the City Council on February 6, 2017. FINDINGS OF FACT 1. The property is located at 3951 Quentin Avenue South, St. Louis Park, Minnesota ("Subject Property"). 2. The Subject Property is zoned R-2 Single -Family Residence. Resolution No. 17-039 -2- 3. The applicant seeks to expand the kitchen which requires the 2.0 foot variance to the interior side yard to allow a 5.4 foot interior side yard instead of the required 7.4 feet, and to add to the garage which requires a 20.7 foot variance to allow a 20.7 foot variance to allow a 4.3 foot rear yard instead of the 25.0 feet 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 project will not impact the health, safety or welfare of the community. The project will not negatively impact the neighboring properties and the neighbors directly adjacent to the additions provided letters in support of the project. The proposed project has the least impact on the neighboring properties than other options presented to the city council. B. Whether or not the request is in harmony with the general purposes and intent of the Zoning Ordinance. The project proposes a modest expansion to the kitchen and garage. The kitchen expansion provides additional counter space and space to dine in the kitchen. The garage expansion provides additional storage space for yard equipment and trash containers. 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: 1. 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 a single-family home is permitted in this district. 2. The plight of the landowner is due to circumstances unique to the property and not created by the landowner. The property is irregularly shaped, and the house was built facing the side yard abutting the street instead of the front yard which is more typical. The combination of these two factors makes it difficult to expand the living and storage areas without a variance. 3. The variance, if granted, will not alter the essential character of the locality. The proposed additions are modest in size, and the resulting distance from the additions to the neighbor's homes resemble distances typically found in this neighborhood. 4. Economic considerations alone do not constitute practical difficulties. Resolution No. 17 -039 -3 - 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 irregularly shaped, and legally non -conforming to the lot width requirements. 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 property owner to enjoy a modest sized kitchen and garage space. 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. If approved, the proposed variance would not impair light and air to the surrounding properties, or increase the congestion, danger of fire, or endanger public safety. H. Whether or not the granting of the variance will merely serve as a convenience or is it necessary to alleviate a practical difficulty. The granting of the variance will not merely serve as a convenience. The design and construction of the additions results in a modest kitchen that will enable the applicant's family to dine at a table in the kitchen, and to store yard equipment and trash cans in the garage. Both of which are commonly enjoyed by residents in the neighborhood. DECISION Based upon the above findings, the Board of Zoning Appeals' denial of Kim Erickson's variance applications is reversed. The requested variance for 5.4 foot interior side yard instead of the 7.4 feet required by code, and the 4.3 foot rear yard instead of the 25.0 feet required by code are approved with the condition that the variances apply only to the additions presented to the city eouneii4nd adopted as exhibits to this Resolution. Tom Attest: AMelisail cone y, it Clerk Adopted by the City Council February 21, 2017 Resolution No. 17-039 -4- Exhibits to Resolution: Survey Resolution No. 17-039 EXTERIOR NOTES: INCLUDE CONTRAST VERTICAL SME SIDING ON NEW FRONT ENTRY INCLUDE NEW SHAKE STYLE SIDING ON NEW FRONT GABLES INCLUDE MAINTENANCE -FREE POSTS AT PORTICO INCLUDE CONTRASTING CORNER & TRIM BOARDS PER DESIGN AT TRANSITIONS WENT: AUT: CONSTRUCTION DAre aaEhsED: nximxaaeufic nmro auaewaDt FRANK &KIM ERICKSON PLAN OCT26,2016 'xaN�e"i"viceoe"ro°ax°o"eniru> ADDRESS: 3951 OUENTIN AVE PWJECT: KITCHEN &E: ST LOUIS PARK N 554 6 GARAGE E%PAN ION 11W'= 1'- 0" j zi 6 y� �I EXTERIOR NOTES: INCLUDE CONTRAST VERTICAL SME SIDING ON NEW FRONT ENTRY INCLUDE NEW SHAKE STYLE SIDING ON NEW FRONT GABLES INCLUDE MAINTENANCE -FREE POSTS AT PORTICO INCLUDE CONTRASTING CORNER & TRIM BOARDS PER DESIGN AT TRANSITIONS WENT: AUT: CONSTRUCTION DAre aaEhsED: nximxaaeufic nmro auaewaDt FRANK &KIM ERICKSON PLAN OCT26,2016 'xaN�e"i"viceoe"ro°ax°o"eniru> ADDRESS: 3951 OUENTIN AVE PWJECT: KITCHEN &E: ST LOUIS PARK N 554 6 GARAGE E%PAN ION 11W'= 1'- 0" j �I s. §o EXTERIOR NOTES: INCLUDE CONTRAST VERTICAL SME SIDING ON NEW FRONT ENTRY INCLUDE NEW SHAKE STYLE SIDING ON NEW FRONT GABLES INCLUDE MAINTENANCE -FREE POSTS AT PORTICO INCLUDE CONTRASTING CORNER & TRIM BOARDS PER DESIGN AT TRANSITIONS WENT: AUT: CONSTRUCTION DAre aaEhsED: nximxaaeufic nmro auaewaDt FRANK &KIM ERICKSON PLAN OCT26,2016 'xaN�e"i"viceoe"ro°ax°o"eniru> ADDRESS: 3951 OUENTIN AVE PWJECT: KITCHEN &E: ST LOUIS PARK N 554 6 GARAGE E%PAN ION 11W'= 1'- 0" j