Planning Report

Date:	September 21, 1999

Case:	VN-325

Subject:	Front Yard Setback Variance

Applicant:	Keith & Kristine Tussing - 2046 Mississippi Circle

Request

To hold a public hearing and consider a request by Keith and Kristine Tussing for a 1.13 foot front yard setback variance to construct an 11 x 3.79 foot entry way on the front of their home located at 2046 Mississippi Circle.

Findings

Section 8-210, Variances

Section 4-030 Lot Standards, R-1 District

Site Characteristics

1.	Location:	2046 Mississippi Circle

2.	Lot Size:	10,000+ square feet

3.	Topography:	Flat

4.	Vegetation:	Landscaping/trees/grass

5.	Sensitive Areas:	None

Site History

1.	Past Uses:	Single family home

2.	Historical Significance:	NA

Departmental Considerations

Community Development

1.	Existing Use:	Single family home

2.	Proposed Use:	Single family home with detached garage

3.	Surrounding Land Uses:

North:	Single family

South:	Single family

East:	Single family

West:	Single family

4.	Density/FAR:	Building area: 1,700 square feet

Allowed: 30% Proposed: 17%

5.	Building Setbacks:	Required: 30 feet (front)

Proposed: 28.87 feet - A 1.13 foot front yard setback variance is requested.

6.	Comp. Plan Designation:	Single family residential

7.	Zoning:	R-1A, Single Family Residential

8.	Impact on Surrounding Land Uses:	Minimal

9.	Other Considerations:	None

Public Works

1.	Streets:	NA

2.	Utilities:	Existing.

3.	Easements:	NA

4.	Grading/Drainage:	No changes are proposed

5.	Rice Creek Watershed District:	No permit required

6.	Environmental Concerns:	None

7.	MPCA:	NA

8.	Other Considerations:	None

Parks

1.	Proximity of Parks:	NA

2.	Proximity to Community Facilities:	NA

3.	Impact on Parks:	None

4.	Impact on Community Facilities:	None

5.	Other Considerations:	None

Forestry

1.	Tree Identification:	None

2.	Diseased Trees:	None

3.	Tree Preservation:	None

4.	Proposed Trees:	None

5.	Landscaping/Screening:	None

6.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	None

2.	Garbage/Rubbish Enclosures:	NA

3.	Seating Requirements:	N/A

4.	Kitchen Facilities:	NA

5.	Other Considerations:	None

Staff Comments

Variance

The applicant is requesting a 1.13 foot front yard setback variance to Section 4-030 of the Zoning Ordinance, which requires a 30-foot front yard setback for all structures within the R-1 Zoning District. The purpose of the request is to construct an 11 x 3.79 foot (43 square foot) entry way.

In considering an application for a variance, the City must make the following findings:

1.	An undue hardship would be brought upon the applicant, should the variance be denied.

2.	There are unique circumstances related to this site.

The applicant feels that the hardship is caused by the existing location of the home, which is set 32 feet, 8 inches from the front property line, making it impossible to construct an entry way into the home without a variance. Additionally, the existing entry into the home is very small with limited closet space.

While the request certainly seems reasonable and will not have a significant impact in the neighborhood, it is difficult to make the above findings. If the City denies the proposed variance, it does not preclude reasonable use of the property, as the home has existed as a 1,700 square foot home since the 1960's. Additionally, the site is not unique in that (as demonstrated on the attached map) most of the homes in this neighborhood, and throughout New Brighton, were built at or very close to the required 30-foot setback. Despite the request only being a 1.13 foot variance, if the City grants approval of this proposal, it may set a precedent to similar requests in the R-1, Single Family Residential Zoning District.

Staff researched the City's files to determine if a precedent has been set for this type of request. The records show that no front yard setback variance has been granted to build an addition to the livable space of a home in the front yard. The City has however, granted front yard setback variances to construct garage additions within the required front yard setback. The following highlights those requests:

On June 22, 1999, the City Council approved a 23-foot front yard setback for Randall Rein of 575 2nd Ave. NW to construct a detached garage. Hardship: Lot size, lot configuration, overhead power lines.

On September 22, 1993, the City Council approved a 12-foot front yard setback variance for Greg Ulrich of 2837 Valley View Lane to construct a garage addition onto an existing single family home.

On February 23, 1993, the City Council approved a 1.5 foot side yard setback variance to Wayne Eck of 1321 - 12th Ave. NW to construct an addition to his home. Hardship: Steep slope.

On June 27, 1989, the City Council granted a 15-foot side street yard setback variance for Besim Ayaz of 1760 7th Street NW for the purpose of constructing a garage.

On April 26, 1988, the City Council granted a 10-foot front yard setback variance to Jon Moylan of 12th Street NW (cul-de-sac next to Hansen Park) to construct a house and garage 20-feet from the 12 Avenue right-of-way. Hardship: steep slope/small lot.

On September 14, 1978, the City Council granted Allen McClintock of 2092 Thorndale Avenue an 8-foot front yard setback variance to construct a garage 22-feet from the Thorndale Avenue right-of- way. Hardship: Steep slopes.

On November 9, 1976, the City Council granted Robert Dexter of 698 - 11th Ave. NW a 2-foot side yard setback variance to construct a garage 3-feet from the side property line. Hardship: slope/existing house location.

3.	The request is in conformance with the Comprehensive Plan.

4.	The variance shall not be detrimental to adjacent property or to the public as a whole.

Staff considers the above criteria to be satisfied. The request is in conformance with the Comprehensive Plan in that the proposed use is an expansion of a single family residential home which is an allowed use in the R-1, Single Family Residential zoning district. Additionally the encroachment of 1-foot, 1.13 feet into the required setback will not be out of character or detriment to the adjacent property or to the public as a whole.

Recommendation - Alternatives

Approval

Motion to waive the reading and adopt the attached resolution recommending approval of VN-325.

Denial

Motion to waive the reading and adopt the attached resolution recommending denial of VN-325.

Staff Recommendation

Despite the fact that the request is only for a 1.13 foot variance, staff is concerned that if the City approves the subject variance, it may set a precedent to allow similar requests in the R-1, Single Family Residential Zoning District, therefore, staff must recommend denial of the proposed variance request.

Cary K. Teague, City Planner