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Shakopee Board of Adjustments and Appeals
October 5, 2017
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| | | | | | | | | FROM: | Mark Noble, Senior Planner | | TO: | Board of Adjustment and Appeals |
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| | | | | | | | Subject:
Caselog # 17-050: Type B Nonconformity - Determination by the Board of Adjustment and Appeals |
| | | | | | | | Policy/Action Requested:
Find that the criteria found in Section 151.017 (D) are met and approve the proposed garage construction at 506 Holmes Street South by adopting Resolution No. PC17-050. |
| | | | | | | | Recommendation:
Offer a motion to find that the criteria found in Section 151.017 (D) are met and approve the proposed garage construction at 506 Holmes Street South by adopting Resolution No. PC17-050. |
| | | | | | | | Discussion:
Introduction
Viktor Tukhlynovych has submitted an application for a Determination by the Board of Adjustment and Appeals to consider whether he may construct a garage addition onto his existing residence located at 506 Holmes Street South. [Lot Size: Approx. 75’ by 120’ (9000 sq. ft.)]
Discussion
The property owner’s request is for construction of a new 24’ by 28’ single-story garage on the south side of the existing residential structure. This garage would be built in line with the abutting single-story portion of the residence, which is approx. 10’-6” from the front (Holmes Street) property line. The main portion of the house is two-story, is estimated to have been constructed in 1850, and is setback approx. 6’ behind the Holmes Street property line. The garage would be 3 feet from the south property line, which is the min. side yard setback. The new garage would have a stucco finish to match the existing residence.
The R-1C zone has a 30-foot front yard setback, except that the minimum setback shall be equal to the average setback of other principal structures on the block when there are more than 2 other existing principal structures on the block, and those structures have an average setback of less than 30 feet. In this case, other homes in this block range from approx. 20’-0” to 30’-0” setback to the front property line.
Comments received from other reviewing agencies include a condition that there must be maintained a minimum of 6 feet between the proposed garage and any structures on adjacent lots; and a condition that the property owner must obtain a right-of-way permit for working with City sidewalk and curb & gutter for the driveway installation.
Type B Nonconformities shall include developed land which is devoted to a use permitted by the City Code for each specific Chapter, but where the site or structure is not in compliance with some other provision of the specific Chapter, such as setbacks and the design standards applicable within that zone. The Board is to review and determine that the following criteria are met for this Type B Nonconformity, Sec. 151.017 (D).
Subd. D. Regulation of Type B Nonconformities. Type B nonconformities shall be regulated in accordance with the following:
1. Expansion of an existing use or structure, reconstruction of a partially destroyed structure, construction of a new structure, or other intensification of a Type B nonconformity may be permitted upon a finding by the Board of Adjustment and Appeals of the following:
a. the number and extent of nonconformities will not be increased in conjunction with the proposed construction or intensification;
b. the impact of nonconformities upon adjacent property will not be increased in conjunction with the proposed construction or intensification; and
c. the conditions to be imposed by the Board of Adjustment and Appeals will affect the intent of this section.
Findings
Staff offers the following draft findings for the Board’s consideration:
1. The number and extent of nonconformities will not be increased in conjunction with the proposed construction or intensification;
The existing non-conformity of the building setback (i.e. existing wall of house along Holmes Street) will not be increased in conjunction with the proposed renovation.
2. The impact of nonconformities upon adjacent property will not be increased in conjunction with the proposed construction or intensification; and
The impact of the nonconformity upon adjacent property will not be increased in conjunction with the proposed reconstruction. The proposal would be equal to or setback greater than the existing structure, and would maintain the min. side yard required setback. The structure located to the south of this appears to have greater than a 10-foot side yard setback.
3. The conditions to be imposed by the Board of Adjustment and Appeals will affect the intent of this section.
Purpose of Section 151.017 (D). It is recognized that there are structures and uses of land which were lawful when established but which do not now comply with all applicable provisions of this Chapter. It is also recognized that there are Type B nonconformities in which the uses continue to be permissible but which are operated on sites or in structures which do not fully meet the development standards of this Chapter. It is the intent of this Chapter to distinguish between uses, which are not permitted, and those in which development standards or other incidents of development are not in full compliance with this Chapter. Type B nonconformities will be allowed to continue in existence and expand under carefully regulated conditions.
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