Agenda - Planning Commission - 02/05/2015

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Regular Planning Commission 5. 1. Meeting Date: 02/05/2015 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for a Variance to the Minimum Front Yard Setback Requirement on the Property Located at 16877 Feldspar Street NW; Case of 21st Century Bank Purpose/Background: The City has received an application from 21st Century Bank (the "Applicant") requesting a variance to the minimum front yard setback on the property located at 16877 Feldspar St NW (the "Subject Property"). As the Planning Commission will recall, a public hearing was recently held to consider a Preliminary Plat for Brookfield 5th Addition to convert the Subject Property from an outlot to a buildable lot. On January 27, 2015, the Applicant received City Council approval of both the Preliminary Plat and Final Plat for BROOKFIELD FIFTH ADDITION. This variance request is an attempt to mitigate a concern raised at the previous public hearing regarding the position of a new home on the Subject Property in relation to the existing home on the lot to the north. Notification: Staff attempted to notify all Property Owners within a 350 foot radius of the Property of the Public Hearing via Standard US Mail. The Public Hearing was also published in the City's official newsletter, the Anoka County Union Herald. Observations/Alternatives: The Subject Property was initially platted as an outlot as part of Brookfield 1st Addition and was encumbered with a cul-de-sac and temporary road easement to facilitate an anticipated extension of Feldspar Street to service future redevelopment of the larger, existing lots to the south. When the Subject Property was re -platted as Brookfield 5th Addition, it reinforced the fact that the cul-de-sac is serving more as a permanent road rather than in a temporary capacity. The configuration of the cul-de-sac bulb results in a new home on the Subject Property needing to be much further east than that of the homes north of it. In submitting the application for a variance, the Applicant is attempting to address the concern previously raised that by meeting the minimum front yard setback, the new home's front windows would essentially be behind, and therefore create the ability to look into, the rear facing windows of the home to the north. The Applicant is seeking a variance to permit a setback of twenty (20) feet from the front property line. This would allow the home to be shifted west enough so that it is not entirely behind the rear wall of the home to the north while at the same time maintaining enough space from the street edge to ensure adequate snow storage capacity and vehicle parking. When contemplating a variance request, there is a three (3) factor test for practical difficulties that must be met by the Applicant. The following are the three (3) factors: 1. Is the property owner proposing to use the property in a reasonable manner? 2. Is the landowner's problem due to circumstances unique to the property and not caused by the landowner? 3. If granted, would the variance alter the essential character of the locality? A single family residential dwelling on the Subject Property would be a reasonable use of the property. The configuration of the cul-de-sac bulb, which was permitted as part of the Brookfield 1st Addition plat, is unique to the Subject Property and was not caused by the Applicant. Approval of the variance would allow the proposed dwelling to be shifted further west, improving its alignment with the existing homes to the north. If the variance were not granted, it would cause the proposed dwelling to be completely east of the adjacent home to the north,