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PLANNING REPORT DATE: August 15, 2013 CASE: VN2013-001,NC2013-004 SUBJECT: Variance and Nonconforming Use Permit to Allow an 18' x 20' Addition to the Existing Home at 706 2"d AVE NW APPLICANT: Frank Ulwelling (property owner) REQUEST&BACKGROUND The applicant is requesting a Variance and Nonconforming Use Permit to allow construction of an 18' x 20' addition to the existing home at 706 2nd AVE NW. The home is located on a corner lot with 30' required setbacks from both street frontages. The existing home and detached garage are setback 5'-6' from 7th ST NW and 20' from 2"d AVE NW. The applicant proposes to construct a house addition between the existing house and detached garage at the same 5'-6' setback to 7th ST NW, requiring a variance. The applicant also wishes to build a deck on the north side of the home, running the entire length of the home. This will require a variance to the 30' setback to 2nd AVE NW. The existing home and proposed deck lie at a 20' setback. Additionally, a Nonconforming Use Permit is required because the existing structures have setbacks less than the required 30' to both street frontages. The applicant initially applied for a building permit to construct the addition. The applicant, who is the property owner, intends to do the work himself. During the plan review process, the applicant was advised that a variance and nonconforming use permit would be required. This is the first variance application the City has received since the legislature changed the rules regarding variances in 2010. No longer is it necessary to prove undue hardship, rather, one must demonstrate practical difficulties (actual Statute is attached). The applicant has been advised the City has not reviewed a variance application under these criteria and thus, it was difficult to advise the applicant on the likely-hood of obtaining approval for such a request. ATTACHMENTS A—Resolution B—Project Location Map C—Zoning Map D—Aerial Photo E—Neighborhood Notification Map F—Applicant Narrative G—Certificate of Survey H—Setback Illustration(staff prepared) I—Variance Standards Worksheet J—Nonconforming Use Permit Standards Worksheet K—Minnesota Statutes 462.357, Subd. 6, (2) L—Photos of Existing(3 pages—submitted by applicant) M—Pictometry Photos of Existing Conditions (4 pages) N—Email from Building Official RE Structural Issues O—Proposed Floor Plans P—Existing Floor Plan FINDINGS Chapter 4, Article 2. R-1 A District Section 8-210—Section 8-260. Variances Section 8-460. Regulations as to Type 4 Nonconformities