Planning Report

Date:	May 15, 2001

Case:	VN 01-01

Subject:	Front Yard Setback Variance

Applicant:	James Boryczka

Request

To hold a public hearing and consider a request by James Boryczka to construct a new single-family home at 745 4th Avenue NW. The proposed new home will replace an older home and encroach into the front yard setback. The request is for a variance to the front yard setback by eight (8) feet.

The The property is located in old downtown New Brighton, 1/4 block south of City hall. The parcel is zoned R-1A, Single Family Residential.

Findings

•	Section 4-140. Lot standards in an R1-A District

•	Section 8-210. Variance

Site Characteristics

1.	Location:	745 4th Avenue NW

2.	Lot Size:	The site is 12,613 square feet in size

3.	Topography:	Flat

4.	Vegetation:	slight slope to the east

5.	Sensitive Areas:	none

Site History

1.	Past Uses:	Single family residential

2.	Historical Significance:	Long time businesses within the City of New Brighton

Departmental Considerations

Community Development

1.	Proposed Use:	To demolish an older home and construct a new single family residence.

2.	Surrounding Land Uses:

North:	Single Family Residential

South:	Single Family Residential

East:	Single Family Residential

West:	Single Family Residential

3.	Impervious Surfaces:	Allowed: 55% Proposed: 33%

4.	Required Setback:	Required Front:	30 feet

Proposed Front:	22 feet (8-foot Variance Requested)

Side and rear yard setback requirements met

5.	Impact on Surrounding Land Uses:	none

6.	Comp. Plan Designation:	Low Density Residential.

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

8.	Other Considerations:	Section 4-530	When an attached garage is present, no detached accessory building shall not exceed 600 square feet without a Special Use Permit.

9.	Detached Garage	The existing detached garage would be turned into a shed and remain on site; it would, however, be moved to conform to side and rear yard setbacks.

Public Works

1.	Streets:	served by 4th Avenue.

2.	Curb Cuts:	No changes proposed

3.	Grading/Drainage:	There are no submitted grading plans; applicant shall provide location of silt fences during construction

4.	Rice Creek Watershed District:	No permit required

5.	Environmental Concerns:	None

6.	MPCA:	Not Applicable

7.	Other Considerations:	None

Building Official

1.	Structure Size:	3,780 square feet

2.	Detached Garage	480 square feet

3.	Structure Height:	18 ½ feet

4.	UBC Compliance:	Will be required

5.	Other Considerations:	None

Sanitation/housing

1.	Weeds:	None

2.	Garbage/Rubbish Enclosures:	NA

3.	Seating Requirements:	NA

4.	Kitchen Facilities:	NA

5.	Other Considerations:	None

Forestry

1.	Tree Identification:	NA

2.	Other Considerations:	None

Staff Comments

Variance

The applicant is requesting a 8-foot front yard setback variance to construct a new single family home

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 approved.

Because a denial would result in a significant loss of back yard space, the applicant feels that the hardship would be brought upon them if the variance is denied. Most newer homes in the City are constructed with larger and more numerous rooms; the applicant wishes to demolish a home that is too small for their needs and construct another in it's place.

All eleven homes on the east side of the block violate the 30 foot setback requirement. The applicant's home was constructed in an era that had different standards for setbacks. Based upon this, Staff feels that a hardship would be brought upon the applicant if the variance is denied.

The proposed home is required to be set 30-feet back from the front lot line, due to the fact that the property is zoned R-1A, Single Family Residential.

2.	There are unique circumstances related to this site.

There are neighboring properties in the old downtown area like this one, but the lots in this part of New Brighton are unusual when compared to the vast majority of residential lots in the City. Staff feels that this criteria is satisfied.

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 would be consistent with what presently exists on the parcel and on neighboring lots; the proposal would not be detrimental to adjacent lots.

Recommendation - Alternatives

Approval

Motion to waive the reading and adopt the attached resolution recommending approval of VN 01-01.

Denial

Motion to waive the reading and adopt the attached resolution recommending denial of VN 01-01.

Staff Recommendation

Despite the facts that the Zoning Code requires all single family homes be constructed with a 30 foot setback in the R-1A district, requiring the applicant to adhere strictly to the code will result in a streetscape where a new home like the one proposed, would sit back further than the neighboring properties. This is due to the development pattern in old downtown New Brighton in general and this block of 4th Avenue NW in particular. An attached map is attached that illustrates this point; almost every home on the 400 block of 4th Avenue NW violates the 30 foot setback requirement.

Staff feels that granting the variance does not set a precedent for single family areas outside the old downtown area of the City.

Patrick Boylan, Intermediate City Planner