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Variance - Res. - 20-14 - Streetside Setback Variance - 2463 Black Lake Rd.RESOLUTION NO. 20-14 CITY OF SPRING PARK HENNEPIN COUNTY, MINNESOTA A RESOLUTION ADDRESSING VARIANCES FOR STREET SIDE SETBACK LOCATED AT 2463 BLACK LAKE ROAD WITHIN THE CITY OF SPRING PARK WHEREAS, Gregg and Carol Steiger have applied for street side setback variances for the expansion of their home and garage at their property located at 2463 Black Lake Road in the City of Spring Park; and WHEREAS, City Staff has reviewed submitted plans and prepared a planning report dated April 23, 2020 and a revised planning report dated June 5; 2020 and WHEREAS, the Planning Commission of the City of Spring Park held a public meeting on May 13, 2020 to consider the application materials, the planning report of April 23, 2020, and hear public testimony; and WHEREAS. With a staff recommendation to deny the requested street side variance per the plans dated March 14, 2020 based on the findings outlined in the April 23, 2020 planning report, the applicant requested that the public hearing be continued to June 10, 2020 to allow them to investigate alternative garage designs and a lesser setback variance request; and WHEREAS, the Applicant has submitted revised plans dated May 30, 2020 and staff planning report dated June 5, 2020 outlined concerns with the revised plans and again recommended denial of the request street Side variance as illustrated on the May 30,2020 plans; and WHEREAS, the June 5, 2020 planning report offer an alternative garage layout that would increase the street side setback significantly over existing conditions and staff recommended approval of the alternative garage layout variances to the street side setback; and WHEREAS, the Planning Commission continued the public hearing at their June 10, 2020 meeting and consider the June 5, planning report and City Engineers comments and testimony of the applicants. Upon closing the public hearing the Planning Commission made the following findings and recommendations for City Council consideration 1. The requested variances illustrated in the plans dated March 14 and May 30 2020, failed to meet Spring Park's criteria for variance approval as outlined in the April 23, 2020 planning report. These variances failed to receive a recommendation of approval. 2. The Planning Commission made a second motion to approve a street side setback of 7 feet between the northeast corner of the new garage to the east lot line and a street side setback of 9 feet between the southeast corner of the new garage and the east lot line subject to the conditions of the June 5, 2020 planning report and the City Engineer's recommendation to locate the water service shut off valve prior to the building permit. The findings in support of the Planning Commission recommendation #2 include: The current garage needs to be replaced due to the structural issues. The single car option will allow for the replacement of the garage and second story living space. The design of the garage will offer more storage compared to the existing garage. 2. The expanded setback will aid in the City's future street and utility improvement project for Black Lake Road. 3. The expanded setback will provide addition area for snow storage and better protection for the new garage. 4. The southern orientation of the garage will eliminate the direct access and egress into the garage; improving traffic safety along this very narrow street. 5. The increased street side setback improves on an existing legal nonconforming condition that may be reestablished if the alternative variance in not considered. WHEREAS, the City Council of the City of Spring Park met on June 15, 2020 to consider the variance application; and WHEREAS, the City Council of the City of Spring Park agrees with the findings, recommendations and conditions of the Planning Commission. NOW, THEREFORE BE IF RESOLVED, that the City Council of Spring Park, Minnesota hereby denies the requested street side setback as illustrated in the site plans dated March 14 and May 30, 2020 based on the findings outlined in the April 23,2020 and June 5, 2020 planning reports. The City Council approves a variance for street side setback for a new garage and second story living area of 7 feet for the northeast corner of the new building addition and 9 feet for the southeast corner of the new building addition measured between the new building and the east lot line subject to the following conditions. The applicant shall provide a survey or identify the property line monuments for the east lot line to verify the requested setback variances prior to issuance of building permits. 14 2. The applicant shall submit a revised site and building plans that illustrates the single garage design and site layout with confirmed lot boundaries and illustrating the approved setback variances. Said plans shall be reviewed by City Staff for compliance with the conditions of the approved variance. 3. All new exterior finishes shall match in color and material type to the existing home. 4. The applicant shall replace the hard cover between the garage and street with landscaping or a pervious surface to reduce the percentage of hard cover on the lot. 5. Direct access onto Black Lake Road is prohibited; the garage must be accessed from the south side of the garage with all access and egress movements occurring on private property. 6. Applicant shall identify the location of the water service shut off valve on the site prior to building permit. The water service shut off valve shall maintain a minimum of 2 foot setback from the new building addition to insure access and operation of the valve by the city. ADOPTED by the City Council of the City of Spring Park this 15th day of June 2020. ATTEST: By: heresa Schyma, Ci y Clerk CITY OF SRRING PARK Jeror6e P. Rockvam, Mayor 3