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HomeMy WebLinkAboutCity Council Packet 03-16-1987 SpecialAGENDA JOINT BOARD OF ZONING ADJUSTMENTS AND APPEALS/CITY COUNCIL DINNER MEETING MARCH 16, 1987 Dinner and Discussion begin at: 5:30 P.M. A. DISCUSSION ITEMS 1. Setbacks - how measured to easements or property lines 2. Granting of side yard setback Variances without showing of substantial hardship 3. Should we consider aesthetics of building additions in granting Variances? B. OTHER BUSINESS Adjournment: 7:00 P.M. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 11, 1987 TO: Board of Zoning Adjustments and Appeals and City Council Members FROM: Associate Planner Al Cottingham SUBJECT SETBACK MEASUREMENTS This item results from a February 19, 1987 letter from Larry Marofsky to ferry Sisk. The issue was raised about setback measurements where easements are found along property lines for sidewalks or other purposes. Setbacks for all structures are measured from property lines and not from easement lines. One factor that periodically comes up is that in Section 10, Subdivision C., Item 2 (a) 5 states: "When a future public street alignment and/or right-of-way width is known, as indicated on the adopted City Thoroughfare Guide Plan, the front yard setback of a proposed structure shall be measured from the known future right-of-way." Another factor, and possible exception, is that buildings cannot encroach upon legal easements; thus, to respect that, it may seem that the yard setback is measured from the easement vs. the property lines - especially if the easement dimension exceeds the ordinance setback dimension. Attached are materials regarding a recent situation which is both interesting, in terms of this subject, and unique in terms of actual experience. Chairman Marofsky was aware of this situation when he raised his questions. The City has traditionally accepted easements, vs. formal dedication, for sidewalks and trails in the commercial and industrial areas. This allows developers to "use" the full yard area, by measuring setbacks from the property line and to calculate ground coverage on the full site. Formal dedication would reduce the size of the site and relocate the property line. LAW OFFICE LAWRENCE P. MAROFSKY BOULEVARD PLAZA OFFICE SUITES 7022 BROOKLYN BOULEVARD MINNEAPOLIS, MINNESOTA 55429 612-566-4570 February 19, 1987 Mr. Jerry Sisk Plymouth City Council City of Plymouth Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Planning and Board of Zoning Dear Jerry: In a recent discussion with Joe Ryan, in response to a question I had raised about a property under construction, Joe had advised me that the reason why the house looked so close to the road was that the road was, in fact, constructed upon the easement upon the property, and not on a dedicated roadway. The staff, using existing ordinances, had interpreted the ordinance as providing that the setback went from the edge of the existing roadway, which after our discussion, Mr. Ryan and I agreed that this raised a whole spectrum of potential problems. If an individual grants an easement for roadway instead of dedi- cating roadway to the City, and the City then considers that easement area as being "their property", that would have an effect on their front yard setback, reducing their front yard setback accordingly. It would obviously be possible for a person to grant a 25' easement and have only a 10' setback from the roadbed." With the City taking easements for sidewalks or other purposes, do these easements reduce the setbacks or do the set- backs start at the edge of the easement area? The Board of Zoning continues to be concerned with the tvariancesgiveniideyardsforpropertieswhichmaynothave substantialy hardips. The most recent appeal has concerned several of our members. They point out that the driveway slope met national standards and that there are many other properties in the city with similar slopes. I believe that a discussion of revisions setting forth slope and parking requirements on single family 11,9 in order. lor5 may L Yours truly, Lawrence P. Marofsky LPM:bb Telephone 827-8123 Area Code 612 Law Offices of OCT DENNIS L. PETERSON Lake Calhoun Professional Building R ' 3109 Hennepin Avenue Minneapolis, Minnesota 55408 22 October 1986 Mr. Joe Ryan City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Lot 7, Block 1, Rappaport Addition Dear Mr. Ryan: James Patsch Construction, Inc., has asked me to review the regulations relating to setback requirements for the proposed dwelling on the above property. My review of the appropriate ordinances indicates that the setback requirement extends from the lot line and not the easement. Section 4, Subdivision B, defines Yard Depth as: "The horizontal distance between the line of a building and the street or alley right of way where one exists; otherwise a lot line. Applying other definitions found in Section 4, Subdivision B to the above definition, it is clear that the lot line is located where the lot abates a street. The setback requirements are logically from the lot line and not from the easement. If a setback was required from all easements, this lot and many other lots would be unbuildable. Any setback requirement from the curb line is made greater due to the curb being placed on the lot outside of the easement. This, however, will not present any problem if you agree with my conclusions that the setback is measured from the lot line and not the easement. If you have any questions or wish additional information, please call me. ru ours, Dennis L. Peterson Attorney at Law DLP:r s r{ 4' November 3, 1986 CITY OF PLYMOUTH+ Law Offices of Dennis L. Peterson Lake Calhoun Professional Building 3109 Hennepin Avenue Minneapolis, Mn 55408 RE: LOT 7 BLOCK 1 RAPPAPORT ADDITION, PLYMOUTH, MINNESOTA Dear Mr. Peterson: I received your letter dated October 22, 1986 regarding the above referenced property. I agree with your statement that setback requirements are logically measured from the lot line. The Plymouth Zoning Ordinance defines a lot line as "The lot boundary limits. When a lot line abuts a street, avenue, park or other public property, except an alley, such line shall be known as a street line, and when a lot line abuts an alley, it shall be known as an alley line." The Zoning Ordinance also defines a front lot line as "That boundary of a lot which abuts an existing or public street." I have researched our files and was able to obtain information regarding the 30 foot roadway easement. It appears as though sometime before the final platting of the development, it became apparent that if a bubble for a cul-de-sac was required, it would make the lot unbuildable and set the proposed home on a very steep hill; therefore, the developer was required to provide for the 30 foot roadway easement. It appears that the intent at that time would be such that the front yard setback would be measured from the lot line, and not the street right-of-way line or street curb line. Taking this into account, the minimum front yard setback for this property will be measured from the lot line as indicated on the Certificate of Survey submitted to our office by Mr. James Patsch. Please contact me at 559-2800 should you have any further questions. Sincerely, Joe Ryan Building Official cc: File 3400 PLYMOUTH BOULEVARD, PLYMOUTH, MINNESOTA 55447, TELEPHONE (612) 559-2800 PLYMUUTH ZONING ORDINANCE Section 10, Subdivision C 5) A site plan of the proposed building shall be submitted along with the application for Conditional Use Permit. Such site plan shall show the location and extent of the proposed building, parking, loading, access drives landscaping and any other improvements. Upon consideration by the Planning Commission and subsequent approval by the City Council said site plan shall be attached to and become a part of the Conditional Use Permit. Any substantial change to the site plan shall require a resub- mission to the Planning Commission and subsequent approval by the City Council. 6) The provision of subparagraph (2), (3) and (4) above, may be waived by the City Council, in whole or in part, upon a finding that such a waiver would not have a deleterious effect upon surrounding properties. e. The following State of Minnesota Code of Agency Rules, Department of Trans- portation, Aeronautics Division are hereby adopted by reference: 14 MCAR Sec- tion 1.3015 (Criteria for Determining Obstructions to Air Navigation) and 14 MCAR Section 1.3018 (Seaplane Operations within the Seven County Metropolitan Area). These regulations apply to the City of Plymouth due to the classifi- cation of Medicine Lake and Schmidt Lake for seaplane operations. All developments involving structures of a height governed by these regulations shall be subject to the requirements of those regulations as if they were part of this Ordinance. (Amended by Ord. No. 82-08) 2. Yard Regulations: a. Measurements shall be taken from the nearest point of the wall of a building to the lot line in question, subject to the following qualifications: 1) Cornices, canopies, or eaves may extend into the required front yard a distance not exceeding four (4) feet, six (6) inches. 2) Fire escapes may extend into the required front yard a distance not exceeding four (4) feet, six (6) inches. 3) A landing place or uncovered porch may extend into the required front yard a distance not exceeding six (6) feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing may be placed around such place. 4) The above enumerated architectural features may also extend into any side or rear yard to the same extent, except that no porch, terrace, or outside stairway shall project into the required side yard distance. 5) When a future public street alignment and/or right-of-way width is known, as indicated on the adopted City Thoroughfare Guide Plan, the front yard setback(s) of a proposed structure shall be measured from the known future right-of-way. N.89 38 04 E. _ _ _ 929.5 Drainage and Utility Easement I 130 I I i I I WY F I 12.0 16.0 I h I923.8 4 t.o 43.01,425.5 I o o I JI 2.0 130, PROPOSED M DWELLING 930.1 1 I d r N 2o.0 35.00 ; Z 0 0 8.33 GAR. z 17.55 9.34 u' 6.33 N 920.° 924.5 930.5 922 I 922.7 I.0 __35.16 9322 929.1 — -- ' W Z BEARIM ARE A a LOW Spot w 41 I v 1DrainageV30. and Uti/qtyT1 Easement o ---- II 02 ---------- ST 1 Curb Ln 1 N N I I'M 117 930 44 I JOB NO.861B2 CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 11, 1987 TO: Board of Zoning Adjustments and Appeals and City Council Members FROM: Associate Planner Al Cottingham SUBJECT VARIANCES FOR SIDE YARD SETBACKS Mr. Marofsky also raised the issue in his letter to Council Member Sisk, about the Board's concern for variances being granted to sideyard setbacks for properties which may not have substantial hardship. The most recent request like this was the Louis Cosentino application. The Board noted that the driveway slope met the national standards and that many other properties in the City with similar slopes were identified. It is Mr. Marofsky's opinion that discussion as to revisions setting forth slope and parking requirements on single family lots may be in order. LAW OFFICE LAWRENCE P. MAROFSKY BOULEVARD PLAZA OFFICE SUITES 7022 BROOKLYN BOULEVARD MINNEAPOLIS, MINNESOTA 55429 612-566-4570 February 19, 1987 Mr. Jerry Sisk Plymouth City Council City of Plymouth Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 Re: Planning and Board of Zoning Dear Jerry: In a recent discussion with Joe Ryan, in response to a question I had raised about a property under construction, Joe had advised me that the reason why the house looked so close to the road was that the road was, in fact, constructed upon the easement upon the property, and not on a dedicated roadway. The staff, using existing ordinances, had interpreted the ordinance as providing that the setback went from the edge of the existing roadway, which after our discussion, Mr. Ryan and I agreed that this raised a whole spectrum of potential problems. If an individual grants an easement for roadway instead of dedi- cating roadway to the City, and the City then considers that easement area as being "their property", that would have an effect on their front yard setback, reducing their front yard setback accordingly. It would obviously be possible for a person to grant a 25' easement and have only a 10' setback from the roadbed." With the City taking easements for sidewalks or other purposes, do these easements reduce the setbacks or do the set- backs start at the edge of the easement area? The Board of Zoning continues to be concerned with the variances given iide yards for properties which may not have substantialy hards ips. The most recent appeal has concerned several of our members. They point out that the driveway slope met national standards and that there are many other properties in the city with similar slopes. I believe that a discussion of revisions setting forth slope and parking requirements on single family in order. 1cT5 M-7 Ix - Yours truly, i Lawrence P. Marofsky LPM:bb 3. CITY OF PLYMOUTH 3400 PLYMOUTH BLVD., PLYMOUTH, MINNESOTA 55447 TELEPHONE (612) 559-2800 MEMO DATE: March 11, 1987 TO: Board of Zoning Adjustments and Appeals and City Council Members FROM: Associate Planner Al Cottingham SUBJECT AESTHETICS OF BUILDING ADDITIONS IN DETERMINING VARIANCES The Board has wrestled with the problem of building addition aesthetics; and, what role they play in granting variances. The Board has typically required the petitioner's building addition to be compatible with the existing home, as part of their discussion and approvals. The Board is seeking direction from the Council as to whether or not this should be continued. Attached is a copy of the Zoning Ordinance section which sets the basis for special conditions. Plymouth ordinances do not have specific architectural or aesthetic standards. The City has historically left that to the market. Compliance with zoning and building code standards has been the extent of established criteria. The Planning Commission, the Board, and the Council have, over time, exercised some architectural regulation through the plan approval process. Staff concern is that, if formal direction and standards are deemed necessary, the matter should be carefully examined as to administrative, legal, and policy aspects. Standards should be well defined and known "up front". PLYMOUTH ZONING ORDINANCE Section 11, Subdivision C 6) That the proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the con- gestion of the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the neighborhood. 3. Application and Procedure: a. Application for the Adjustments and Appeals permitted under the pro- visions of this Section shall be in writing and made to the Zoning Admin- istrator. The application shall include the following: 1) A completed application form provided by the City and the fee estab- lished by City Code, in addition to the required Building Permit fee, if any. 2) A written description of the request for the adjustment or the appeal, including an explanation of compliance with the variance criteria set forth in this Section. 3) Supporting materials determined by the Zoning Administrator to be necessary for the complete and clear definition and understanding of the request. Such materials include, but are not limited to, the fol- lowing: maps, certified surveys, building plans, plat plans and other narrative materials. b. Upon receipt of a complete application, the Zoning Administrator shall establish a time and place for a hearing before the Board. At least ten days before the date of the hearing, a written Notice of Hearing shall be mailed to the applicant and to all other persons who, in the judgment of the Zoning Administrator, may be affected by the decision of the Board. The Zoning Administrator shall provide a copy of the application and related materials to the Board prior to the scheduled meeting. c. The Board shall consider the application at the scheduled hearing in ac- cordance with rules and procedures for such hearings as established by the Board. The Board shall make its final Order on the application within thirty days of the hearing. d. In granting any adjustment or variance under the provisions of this Sub- division, the Board shall designate such conditions in connection therewith as will, in its opinion, secure substantially the objectives of the regulations or provision to which the adjustment or variance is granted, as to light, air, and the public health, safety, comfort, convenience and general welfare. 11-10