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Home My WebLink About5.b. Stromberg-Hansen VarianceEXECUTIVE SUMMARY Planning Commission Regular Meeting: October 26, 2021 AGENDA ITEM: 21-54-V Request by Nate Stromberg and Heather Hans en for a variance to reduce the side yard setback in the RR-Rural Residential zoning district from thirty (30) feet to fourteen (14) feet in order to construct an attached garage addition. AGENDA SECTION: Public Hearing PREPARED BY: Anthony Nemcek, Senior Planner AGENDA NO. 5.b. ATTACHMENTS: Resolution; Site Location; Site Aerial; Survey; Site Plan; Elevations; Neighbor’s Letter APPROVED BY: AK RECOMMENDED ACTION: Motion by the Board of Appeals and Adjustments to Adopt a Resolution Approving a Variance from the RR-Rural Residential Side Yard Setback for Structures from thirty (30) to fourteen (14) feet at 4393 Upper 135th Street West, subject to building permit appr oval. SUMMARY The Planning Commission, acting as the Board of Appeals and Adjustments, is being asked to consider an application from Nate Stromberg and Heather Hansen for a variance from the structural side yard setback requirement for principal structures of 30 feet to 14 feet to construct an addition containing a garage on the home located at the property. The request was reviewed by staff in the planning and engineering departments, and staff is recommending the Board of Appeals and Adjustments approve a variance reducing the minimum side yard setback from 30 feet to 14 feet. Applicant and Owner: Nate Stromberg and Heather Hansen Location: 4393 Upper 135th Street West Area in Acres: 0.68 Acres Comp Guide Plan Designation: RR-Rural Residential Current Zoning: RR-Rural Residential BACKGROUND The subject parcel is located within the RR-Rural Residential zoning district which is intended to provide for large lot residential development featuring parcels not served by municipal sewer and water systems. The subject parcel is located in a neighborhood that abuts the western border of the City with typical lot sizes around .6 acres, which is much lower than the minimum lot standard of 2.5 acres for platted lots in the RR zoning district. The applicant is seeking a variance from the side yard setback standard of 30’ to construct a front-loading attached garage along the side of their property. The home currently has an attached, side-loading garage that the applicants are proposing to convert to living space. Additionally, there is a detached garage that would be located behind the proposed addition. The detached garage is approximately 15’ from the side property line, and staff advised the applicants to maintain as much of the same setback for their addition. Plans provided by the applicant show a setback of 14.5’ between the new garage and the property line. 2 Except for the encroachment into the minimum side yard setback, the proposed garage addition complies with all other requirements of the zoning ordinance. The applicant has provided plans that include elevations of the garage, which are included with the attachments. As with all public hearings, notices were sent to the owners of all properties within the code-required radius of the subject parcel. Additionally, staff advised the applicants to speak with their neighbor immediately to the east who would be most impacted by a variance from the side yard setback standard. A letter from that property owner was provided by the applicant with the materials submitted with their application. Other than that, staff has received no comments regarding this variance request other than an inquiry about the specifics of the request. Staff finds that the request meets the standards for issuing a variance, and therefore recommends approval of the request for a variance from the side yard structural setback requirement of the RR-Rural Residential zoning district. Those standards and staff’s findings are listed below. ISSUE ANALYSIS Variance Standards According to Section 11-12-2.G, there are five criteria for the Board of Appeals and Adjustments to review when considering a variance request. The five criteria used to assess each request along with staff’s findings for each are listed below. While weighing a variance request against these criteria, it should also be considered whether the project can be redesigned to eliminate or reduce the need for a variance. The Board of Appeals and Adjustments must approve or deny each request based on findings related to each of the five standards. 1. The variance request is in harmony with the purposes and intent of the ordinance. Finding: Staff finds that the request is in harmony with the purposes and intend of the ordinance. The RR zoning district is intended to provide for larger lot residential neighborhoods with homes served by private wells and septic systems. 2. The variance is consistent with the comprehensive plan. Finding: The site is designated as Rural Residential. The variance request is consistent with that designation. 3. The property owner proposes to use the property in a reasonable manner. Finding: Staff finds that the variance permits the homeowner to use the property consistent with a residential district and similar to the other properties in the vicinity. 4. There are unique circumstances to the property which are not created by the landowner. Finding: Staff finds that there are unique circumstances to this property. The small parcel size relative to the zoning district in which it is located is resulting in nonconformities on many nearby properties that are also within the RR zoning district. 5. Granting of the variance does not alter the essential character of the locality. Finding: The essential character of the locality would not be altered by granting the variance. Many other properties in the vicinity contain principal structures that do not meet the 30’ minimum side yard setback. RECOMMENDATION Based upon the information provided by the applicant and the criteria for issuance of a variance, staff is supportive of the variance request, subject to the applicant receiving a building permit for the structure. 1 CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION BA2021-XX A RESOLUTION APPROVING A VARIANCE FROM THE RR-RURAL RESIDENTIAL SIDE YARD SETBACK FOR STRUCTURES FROM THIRTY (30) TO FOURTEEN (14) FEET. WHEREAS, Nate Stromberg and Heather Hansen, 4393 Upper 135th Street West, (the “Applicants”) have submitted an application to the City of Rosemount (the “City”) for a variance from the RR-Rural Residential side yard setback standard for structures from thirty (30) feet to fourteen (14) feet. WHEREAS, notice has been published, mailed and posted pursuant to the Rosemount Zoning Ordinance, Section 11-12-2; and WHEREAS, the Rosemount Board of Appeals and Adjustments held a public hearing for a variance from the 30’ side yard setback to 14’ on October 26, 2021; and NOW, THEREFORE, based on the testimony elicited and information received, the Rosemount Board of Appeals and Adjustments makes the following: FINDINGS 1. That the procedures for obtaining said Variance are found in the Rosemount Zoning Ordinance, Section 11-12-2. 2. That all the submission requirements of said Section 11-12-2 have been met by the Applicant. 3. That the proposed Variance will allow the construction of an addition at 4393 Upper 135th Street West because it encroaches upon the side yard setback required by the Zoning Ordinance. 4. That the Variance will be located on property legally described as follows: Lot 5, Block 1, Birchview Terrace, Dakota County, Minnesota. 5. That the request is in harmony with the purposes and intend of the ordinance. The RR zoning district is intended to provide for larger lot residential neighborhoods with homes served by private wells and septic systems. 6. That the site is designated as Rural Residential in the City of Rosemount Comprehensive Land Use Plan, and the request is consistent with that designation. 2 7. That the variance permits the homeowner to use the property in a reasonable manner that is consistent with a residential district and similar to the other properties in the vicinity. 8. That there are unique circumstances to this property. The small parcel size relative to the zoning district in which it is located is resulting in nonconformities on many nearby properties that are also within the RR zoning district. 9. That the essential character of the locality would not be altered by granting the variance. Many other properties in the vicinity contain principal structures that do not meet the 30’ minimum side yard setback. CONCLUSIONS AND DECISION Based on the foregoing, the Applicant’s application for a Variance is granted, subject to the applicants receiving any required permits for the accessory structure. Passed and duly adopted this 26th day of October, 2021, by the Board of Appeals and Adjustments of the City of Rosemount, Minnesota. __________________________________ Melissa Kenninger, Chair ATTEST: ________________________________ Stacy Bodsberg, Planning & Personnel Office Specialist C:\Users\harts\OneDrive\Cad 2021-One Drive\CAD 2021\Stromberg Hansen\Stromberg Hansen 9-23-21.gxd -- 09/24/2021 -- 08:07 AM -- Scale 1 : 48 C:\Users\harts\OneDrive\Cad 2021-One Drive\CAD 2021\Stromberg Hansen\Stromberg Hansen 9-23-21.gxd -- 09/24/2021 -- 08:07 AM -- Scale 1 : 48