City of Brooklyn Park Planning Commission Staff Report

Transcription

1 City of Brooklyn Park Planning Commission Staff Report Agenda Item: 6C Meeting Date: October 14, 2015 Originating Agenda Section: Public Hearing Department: Community Development Resolution: X Ordinance: N/A Prepared By: Lonnie Nichols, Associate Planner Attachments: 6 Presented By: Lonnie Nichols, Associate Planner Jason and Gretchen Pruett Variance (#15-127) to exceed the maximum allowed floor Item: area of accessory structure for lots greater than one acre at 8015 Sunkist Boulevard North. Proposed Action: MOTION SECOND TO RECOMMEND THAT THE CITY COUNCIL DENY THE VARIANCE TO EXCEED THE MAXIMUM ALLOWED FLOOR AREA OF ACCESSORY STRUCTURE FOR LOTS GREATER THAN ONE ACRE AT 8015 SUNKIST BOULEVARD NORTH. Staff Recommendation: For the reasons set forth in this report, staff recommends denial of the Variance. Overview: The subject property is located at 8015 Sunkist Blvd North in the R-2 (Detached Single Family Estate) District. The parcel size is 72,185 square feet (200 x 361) or 1.66 acres; and the existing home was constructed in The Principle Structure total footprint includes 1444 sq. ft. house (habitable space) and 572 sq. ft. attached accessory space (88 sq. ft. glazed porch and 484 sq. ft. attached garage). The applicant has proposed to build an 870 sq. ft. addition to the house and convert the 88 sq. ft. glazed porch, bringing the total footprint of the habitable portion of on the home to 2,402 sq. ft. The applicant has proposed to remove three existing detached accessory structures totaling 966 sq. ft. (476 sq. ft. detached garage, 330 sq. ft. detached garage, and 160 sq. ft. detached shed). The applicant has proposed to build 2,432 sq. ft. of new accessory structure and retain the existing 484 sq. ft. garage, to create a new total footprint of attached accessory structure space to 2,916 sq. ft. Based on the lot size of greater than one acre, the Ordinance (section B.3.b) states that the combined floor area of all accessory structures may not exceed 1,500 square feet or the foundation footprint of the habitable portion of the principle building, whichever is greater. Variance Findings The purpose of a variance is to provide for flexibility from zoning code requirements, and a variance may be granted when the applicant establishes that there are practical difficulties in complying with the requirements. The following five standards are used to determine if practical difficulties exist that support the granting of a variance.

2 6C Page 2 (1) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. The applicant has proposed to remove three existing detached accessory structures totaling 966 sq. ft. (476 sq. ft. detached garage, 330 sq. ft. detached garage, and 160 sq. ft. detached shed). The applicant has proposed to build 2,432 sq. ft. of new accessory structure and retain the existing 484 sq. ft. garage, to create a new total footprint of attached accessory structure space to 2,916 sq. ft. The roof peek of the new attached accessory structure would be taller than the roof of the habitable area of the principle structure and typically accessory area height cannot exceed the habitable area of the principle structure. The removal and consolidation of accessory structure space is reasonable, but the size and design of the proposed home addition and accessory structure expansion would not be a reasonable use in a residential setting and would alter the character the neighborhood. (2) The plight of the landowner is due to circumstances unique to the property and not created by the landowner. The applicant has not established that there are unique circumstances or practical difficulties in complying with the code requirements for accessory structures on this property. (3) Granting of the variance will not alter the essential character of the area or neighborhood where the property is located. The applicant proposes to roughly double the existing amount of accessory structure space through demolition and consolidation for a finished product of one principle building of 5396 square feet (2480 sq. ft. habitable-house and 2916 sq. ft. attached garage-accessory structure space). The size and appearance of the home addition and attached accessory structure expansion are not reasonable in a residential setting. The granting of the variance would alter the character of the neighborhood. (4) Economic considerations alone do not constitute practical difficulties. Economic considerations have not been discussed with the applicant. (5) There is inadequate access to direct sunlight for a solar energy system. The applicant previously installed a ground mounted solar panel array at another location on the property. There is adequate access to direct sunlight for a solar energy system. Based on the above criteria, staff is recommending denial of the variance based on the size and design of the combined home addition and accessory structure expansion. It would not be reasonable in a residential setting and would alter the character the neighborhood.

3 6C Page 3 Primary Issues/Alternatives to Consider: 1. Deny the Variance as recommended. 2. Approve the Variance. 3. Approve the Variance with modifications. Budgetary/Fiscal Issues: None Attachments: A. DRAFT RESOLUTION B. LOCATION MAP C. PLANNING & ZONING INFORMATION D. CITY PROPERTY SKETCH E. APPLICANT STATEMENT F. PLANS

4 6C RESOLUTION Page 4 RESOLUTION #2015- RESOLUTION DENYING THE VARIANCE TO EXCEED THE MAXIMUM ALLOWED FLOOR AREA OF ACCESSORY STRUCTURE FOR LOTS GREATER THAN ONE ACRE AT 8015 SUNKIST BOULEVARD NORTH. Planning Commission File # WHEREAS, Jason and Gretchen Pruett have made application for a variance to exceed the maximum allowed floor area of accessory structure for lots greater than one acre at 8015 Sunkist Boulevard North, Brooklyn Park, MN, and legally described as: E 361 FT of Lot 015, SUNKIST ACRES Addition, Hennepin County, Minnesota WHEREAS, the matter has been referred to the Planning Commission who have given their advice and recommendation to the City Council; and WHEREAS, the effect of the proposed use upon the health, safety and welfare of surrounding lands, existing and anticipated traffic conditions and its effect on property values in the neighborhood have been considered. WHEREAS, the Review Standards, Practical Difficulties used in connection with the granting of a variance, means: (1) The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. (2) The plight of the landowner is due to circumstances unique to the property and not created by the landowner. (3) Granting of the variance will not alter the essential character of the area or neighborhood where the property is located. (4) Economic considerations alone do not constitute practical difficulties. (5) There is inadequate access to direct sunlight for a solar energy system. WHEREAS, the City Council has considered the matter and makes the following Findings of Fact and Conclusions: 1. The Plans have not met the review standard for practical difficulties used in connection with the granting of a variance. 2. The size of the structure as proposed would not be reasonable in a residential setting. 3. The granting of the variance would alter the character of the neighborhood. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BROOKLYN PARK that based on the above Findings of Fact and Conclusions, the applicant s request for a variance to exceed the maximum allowed floor area of accessory structure for lots greater than one acre at 8015 Sunkist Boulevard North is DENIED.

5 6C LOCATION MAP Page 5

6 6C PLANNING AND ZONING INFORMATION Page 6 Land Use Plan Current Zoning Surrounding Zoning Lot Size L Low Density Residential R2 - Detached Single-Family Estate District North: R2 Detached Single-Family Estate District East: R2 Detached Single-Family Estate District South: R2 Detached Single-Family Estate District West: R2 Detached Single-Family Estate District 72,185 sq. ft. or 1.66 acres Principle Structure Footprint 2,016 sq. ft. (1444 sq. ft. house, 88 sq. ft. glazed porch, 484 sq. ft. garage) Existing Building Area Proposed Building Area Neighborhood Conforms to: Land Use Plan Zoning Code Variances Needed Notification Distance Total: 2982 sq. ft. (Habitable sq. ft. and Accessory 1538 sq. ft.) Accessory Space Breakdown sq. ft. attached, 966 sq. ft. detached Total: 5396 sq. ft. (2480 sq. ft. habitable and 2916 sq. ft. attached accessory) River Park Yes No Yes, to exceed the maximum allowed floor area of accessory structure for lots greater than one acre and the concept design shows the height of the proposed accessory structure exceeding the height of habitable area of the principle structure, which is typically not allowed. 100 feet

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