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Home My WebLink About9/15/09 - Special Meeting City of Farmington 430 Third Street Farmington, MN 55024 A Proud Past - A Promising Future Committed to Providing High Quality, Timely and Responsive Service to All Of Our Customers AGENDA PLANNING COMMISSION SPECIAL MEETING September 15, 2009 5:30 P.M. CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. APPROVAL OF MINUTES None 3. PUBLIC HEARINGS a) Variance to reduce the side yard setbacks - Lot 3, Block 2 8: Lot 3, Block 3 East Farmington 8th Addition Applicant: John Johnson Klein Bank 1550 Audubon Road Chaska, MN 55318 4. DISCUSSION a) None 5. ADJOURN City of Farmington 430 Third Street Farmington, Minnesota 651.280.6800 . Fax 651.280.6899 www.ci.farmington.mn.us FROM: Planning Commission Lee Smick, City Planner ~ AICP, CNU-Accredited TO: SUBJECT: Request for Variance to Side Yard Setback - Lot 3 Block 2 and Lot 3 Block 3 of East Farmington 8th Addition DATE: September 15,2009 INTRODUCTION The applicant, Kleinbank, is seeking a variance of 10 feet in the side yard setback for two lots located on Lot 3 Block 2 (901 Oak Street) and Lot 3 Block 3 (1001 Oak Street) of East Farmington 8th Addition (Exhibits A & B). Each of the lots is located on comers where streets abut the property on two sides and therefore are required to meet the following code requirement: 10-4-1: GENERAL REQUIREMENTS: (A) Lots which abut on more than one street shall provide the required front yards along each street. Rear yard setbacks shall not be required on corner lots since side yard setbacks apply. Per the section quoted above, the two lots for which the variance request pertains to are located in the R-2 zoning district and require a minimum 20- foot side yard setback on each street front. Planning Division Review Applicant: Kleinbank 1550 Audubon Road Chaska, MN 55318-0487 Location of Property: 1. Application (Ex. A) 2. Site Plan (Ex. B) 3. House Plan (Ex. C) Lot 3 Block 2 and Lot 3 Block 3 of East Farmington 8th Addition Attachments: Lot Area: 0.16 acres (6,969 square feet!) - Lot 3 Block 2 0.15 acres (6534 square feet:l:) - Lot 3 Block 3 House Area: 1,131 square feet (foundation size, including attached garage) Surrounding Land Uses: The subject property is entirely surrounded by single-family dwellings. Existing Zoning: R-2, Low Medium Density Residential Comprehensive Plan: Low Medium Density Residential DISCUSSION The applicant, Kleinbank, has submitted a variance application to encroach 10 feet into the required 20-foot side yard setback in the R-2 zoning district. The applicant is requesting the variance on behalf of two potential property owners that would like to close on new homes on the lots on or before November 30, 2009. The reason for the special hearing is because a one-time $8,000 federal tax credit for first-time homebuyers that will expire on the November 30th date and any construction for the homes will need to begin immediately to meet that closing date, of course, dependent upon approval of the variance by the Planning Commission. The applicant has submitted a letter (Exhibit C) stating that they feel that the need to design a 34-foot wide home is a "great hardship". However, a hardship is not based on the appearance or affordability of a home in order for a variance to be approved. Staff feels that the hardship should be based on the approval of 10-foot side yards in the Planned Unit Development (PUD) to the south known as East Farmington. As shown on Exhibit B, the properties in the East Farmington 15t Addition at 401 9th Street, 920 Oak Street, and 1000 Oak Street all have side yard setbacks smaller than 20 feet because the PUD allowed for a minimum of lO-foot side yard setbacks. Because of the location of the 15t Addition homes being directly across the street from the affected lots in the 8th Addition, staff believes that a hardship exists concerning the required 20- foot side yard setback. The following requirements need to be justified to allow the 10-foot variance: 1. Because the particular surroundings, or the shape, configuration, topography, or other conditions of the specified parcel of land involved, strict adherence to the regulations of this title would cause undue hardship. Economic consideration alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of this title. The variance request is not out of the ordinary in these surroundings due to the proximity of the East Farmington rt Addition, of which JO-foot side yard setbacks on corner lots are common. 2. The conditions upon which a variance is based are unique to the parcel of land for which the variance is sought and are not applicable, generally, to other properties within the same zoning classification. The affected lots, which are zoned R-2, are in close proximity to an R-2 PUD that was approvedfor lO-foot side yard setbacks, and therefore are unique to other R-2 zones. 3. The alleged difficulty or hardship is caused by this title and has not been created by any persons presently having an interest in the parcel of land. The applicant was not associated with the original PUD approval in the East Farmington Additions that allowed for lO-foot side yard setbacks. 4. The granting of the variance will not alter the essential character of the locality or be injurious to other property in the vicinity in which the parcel of land is located or substantially diminish property values. The granting of the variance will not alter the essential character of the locality, but will provide a similarity to the rt Addition lO-foot side yard setbacks. 5. The proposed variance will not substantially increase congestion ofthe public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. The variance will not substantially increase the congestion of the public streets, or increase the danger of fire, or be detrimental to the public welfare or public safety. 6. The requested variance is the minimum action required to eliminate the hardship. This is the minimum action necessary to eliminate the hardship. ACTION REOUESTED Staff recommends approval of the IO-foot variance into the side yard setback at Lot 3 Block 2 and Lot 3 Block 3 of East Farmington 8th Addition. Respectfully Submitted, Lee Smick, City Planner AICP, CND-Accredited tXA ;;It Utl'tl Ii I J..i .~, \?Z':/ / '<< ;"",*;"_',1 {'jf~ of .'arming!oll ,,~ ~I 1 :,,'T!llf'Wf>.m. \tmn<",.tl; t ;~J1,t<;.:n\~. h.*,,-t<:%; .~MjN'''''; ~ VARIANCE APPLICATION I Applicant: j?JeitW.4..lJL Telephone: 8~ -3l,,-L-::_~1~1 Fax: <'I:I:l___.y.t:J.I~~- Address:..L55l.l.....Au.cLvl.:>>nRri-:_/2JJ.Q,Qttlrf.nM.55312=Dj:i..Z__- 8tt\)Ot . City State Ijp Code Owner; -K.kJnba.nt Tdepbone:~::~t:--3~ Fax: L~~~t/:i:::~- Address: ~~j?J_~.. C.nlJl ~ttl f rnu__5fi3JJ - Dt/-!Z Street Ci'ty State Zip Code Premises Involved: .LiJt~~a.A1Lj .of..ci.Jlt-~.i fi:tjtJiOt1,r1i;fb." ~Ad.J . Address! LepJ Description (lot, b1oe"'('j;iat name, SIlItbon. township, range) -~~ ClJ:ITCflt ZDt!ing District _.. Current Land Use Spedtk Nltunl or~.. J C.l1lim.eeI Blrdlbip: 1hl(l1J,S e 10... 1<:.......0'(\ Cq{ n.0t''JQt~_i1L . :: Ca r ga.-r t1~e SUBMITTAL uq{ltu~l'frS ~ S-e..e a..~ed ~ .! ProofofOl\lltrsbip Copies of Site Plan Appli<:lItion Fee ($2001 Abllt:rllct!Residential List (adjoining K!;;::~il- J.; j;t..,,,"';,o._'D!!,:C< .. Slpltuft <II .ProJl"l'iY . _.......... Date 1m ....pt~ COOUl1._on on _Approved . ..m t.oca1N'~: ~ jt'rlJ~ ~~ 7 ~ :rl 'I Ll. ~ ,u , U ""\ ~ I ~ /,/-:7tlI?JEcI fRtJl'fi?fl ,I r D ~ l,...- f Lr t=CJ ;/~E, ~ ~ ~ 1<:4{ JAkr- 'M · ~ v - .. ~ \) :: \ )(,~ ~ ~ ~~II )( ~~6f7 O.."KS r- ~ ~ ~ b 0 ~ ~ tJ T ~ ~ u, --1 II''' / 18.b7' ~ 10 In'' L ~ IJ- J ~ ~_~ r -- ~ e,4:>jf ~ t .... <(l on J: i: .... .... ~ ~ ~. z I J ~ ~ __ F GJ .;.J w fC:: Ill' .L.J' r 'I ~ ...,~~ ~ nL l ~ ~ --11 ~ LSl ~i ~\... ~~ ~ ~r Sl~~~-sr-w ~ i "'- Ii I Dakota County, MN eX. ge10f1 Print Preview Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search, appraisal, survey, or for zoning verification. MaR Scal~ 1 inch = 122 feet http://gis.co.dakota.mn.us/website/dakotanetgis/printPreview.aspx?PrintOptData= Dakota County, MNIOIO... 9/11/2009 ~.c' August 19, 2009 City of Farmington Planning Commission Attention: Lee Smick and Tony Wippler 430 Third Street Farmington, MN 55024 RE: Variance Request Lot 3 Blk 2 East Farmington 8th Addition Lot 3 Blk 3 East Farmington 8th Addition To Whom It May Concern: I am requesting a variance to change the side setback from 20' to 10' on the two (2) above- referenced corner lots that we recently listed for Kleinbank. It is my understanding that at one time a variance was granted, to change the side setback on the corner lots in Additions 1-7 from 20' to 10'. However, because the 8th and 9th Additions are not technically part of the subdivision, no side setback variance was ever granted for corner lots in these Additions. In an attempt to market the lots for Kleinbank, we have selected a very popular, affordable split-entry home that we are currently constructing on the other lots in the subdivision. Unfortunately, even when constructing the home with only a 2-car garage on the corner lots, the home is too wide to fit on them, given the current side setback of 20'. The lots are 60' wide and with the current setback of 20' (plus the 6' setback on the interior side of the lots) this allows for a maximum house and garage width of only 34'. It is a great hardship to design a home 34' wide. If the side setback could be changed from 20' to 10', the lots would accommodate a maximum house and garage width of 44', and the home could then be constructed with a 2-car garage on these particular lots. I appreciate all of your time and~eration regarding this matter. s4~ . . , '