PC Packet 08-20-2013 - Laserfiche WebLink

Home Browse Search

the existing home and build a new one, significant topographic corrections would need to be made. These are circumstances not created by the landowner. 4) Character of the locality This criterion is likely met. This neighborhood is one of the older neighborhoods in New Brighton and setbacks less than the current standard are common, especially on corner lots. In fact, of the other three homes on the corner of 7th ST NW and 2"d AVE NW, only one meets all current setback standards. Further, one home, one house away sits at a setback to 7th ST NW that is less than what the applicant is proposing. 5) Consistency with comprehensive plan This criterion is met. The applicant proposes to use the space for living space and will not change the residential character of the home. The applicant provided responses to these criteria on the attached Variance Standards Worksheet. After a full analysis of the standards outlined in Minnesota Statutes 462.357, staff finds the criteria have been met due to the following points: • The existing home is only one-bedroom and 480 SF. The proposed addition is only 360 SF bringing the total home size to 840 SF. With the home being single-story, the additional square footage proposed is very reasonable with regard to livability. • Any addition to the existing home cannot be accomplished within setback because the entire home lies within the required 30' setback (see attached setback illustration prepared by staff). • Having the proposed deck meet the 30' setback to 2nd AVE NW may present access issues from the living room. It may be appropriate to inquire if the applicant can shift the deck to meet the 30' setback from 2nd AVE NW, while still allowing access to the deck from the living room. • The only way a conforming structure could be built on the lot would be to remove the existing home and build a new one. To accomplish this, significant grading efforts would be necessary due to the existing topography of the lot. Also, it has not been past practice to prevent improvements to a home when meeting the strict interpretation of the code requires removal of the principal structure. • Setbacks less than required are not out of character with this older New Brighton neighborhood. NONCONFORMING USE PERMIT ANALYSIS As mentioned numerous times in the Variance Analysis section above, the existing home and garage are setback less than the required 30' from 7th ST NW. This setback ranges from 5'-6'. Also, the existing front yard setback to 2"d AVE NW is less than the required 30'. This setback is 20'. In order to allow an expansion to a nonconforming structure, at least one of the following nonconforming use criteria of Section 8-460 must be met(staff responses in italics): 1) The total number of nonconformities is reduced. This criterion is not met. The applicant is not proposing to reduce the nonconformity. 2) The impact of any nonconformity upon adjacent premises is reduced to the greatest practical extent.