08-27-2013 - Laserfiche WebLink

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August 27, 2013 Page 4 of 6 Mayor Jacobsen commended Director of Finance Maiers for his efforts. Motion by Councilmember Jacobsen, seconded by Councilmember Burg to accept the Second Quarter 2013 Interim Financial Statements. 5 Ayes, 0 Nays -Motion Carried 2. Consideration of Nonconforming Use Permit and Variance to pemut construction of an 18' x 20' addition onto the existing home located at 706 2r'd AVE NW. Report No. 13 -206. Resolution No. 13 -067. City Manager Lotter explained City Planner Gundlach would present the Council with information on this item. City Planner Gundlach reported 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' to 6' from 7th ST NW and 20' from 2nd Avenue 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. Planner Gundlach indicated 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. Planner Gundlach stated 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 likelihood of obtaining approval for such a request. Staff reviewed the criteria for approval in detail with the Council and explained the Planning Commission met on August 20, 2013 and recommended approval of the Variance and Nonconforming Use Permit as requested, subject to the following: • The addition is built generally in accordance with the submitted plans attached to the Planning Report dated 8/15/2013. • The addition is constructed of like colors and materials of the existing home and roof lines are proportional to the existing roof. Mayor Jacobsen requested further information on the hardship criteria. Planner Gundlach discussed this matter further with the Council. Motion by Councilmember Jacobsen, seconded by Councilmember Bauman to adopt a Resolution approving the request subject to conditions. 5 Ayes, 0 Nays -Motion Carried 2. Consideration of Nonconforming Use Pemrit and Variance to permit construction of an 18' x 20' addition onto the existing home located at 706 2'd AVE NW. Report No. 13 -206. Resolution No. 13 -067