Agenda - Council - 07/11/2023 - Laserfiche WebLink

Home

CC Regular Session 6. 1. Meeting Date: 07/ 11 /2023 By: Chris Anderson, Community Development Information Title: PUBLIC HEARING: Consider Request for a Variance to Construct a Deck at 5364 142nd Circle NW (Project No. 23-108); Case of Paul and Heather Anderson Purpose/Background: The City received an application for a Building Permit on May 12, 2023, for a proposed deck at 5364 142nd Circle NW (the "Subject Property"). As part of the plan review, Planning Staff noted that the deck appeared to encroach on the required setback along Dysprosium Street and notified the contractor, who in turn worked with Paul and Heather Anderson (the "Applicant") to submit an application for a variance. Normally the Planning Commission takes formal action on variance requests, however, there was not a quorum for the June 22, 2023, Planning Commission meeting and therefore, there was no public hearing and no action by the Planning Commission. Staff did consult with the City Attorney who confirmed that the City Council could hold the public hearing and take action on the requested variance. Notification: Staff originally attempted to notify property owners within 350 feet of the Subject Property, as reflected in the Anoka County Property Records, of the request for a variance to setbacks and the Public Hearing the Planning Commission would hold on June 22, 2023. A notice of the Public Hearing was published in the Anoka County UnionHearld newspaper and a Land Use Application sign was also placed on the Subject Property. Since there was not a quorum and therefore no meeting, Staff resent notice to property owners within 350 feet of the Subject Property, as reflected in the Anoka County Property Records, of the request for a variance to setbacks and the Public Hearing the City Council would hold on July 11, 2023. Another notice of the Public Hearing was also published in the Anoka County UnionHerald newspaper. Observations/Alternatives: The Subject Property, which is approximately 0.21 acres in size, is located at the southeast corner of Dysprosium Street and 142nd Circle, within the Flintwood Hills Planned Unit Development. The Subject Property is zoned Planned Unit Development (PUD) and guided as Low Density Residential. The home was built in 1986 and the certificate of survey (dated May 2, 1986) on file for the home on the Subject Property indicates that the house was constructed twenty (20) feet from the side property line (along Dysprosium Street), which, per the PUD, appears to be the intended setback along Dysprosium Street. The home is a split-level and has a bump -out with a sliding glass door, facing Dysprosium Street, on the upper level. The Applicant is proposing to construct a deck that is ten (10) feet wide and twenty-one and a half (21.5) feet long. The deck would be attached to the west wall of the home and accessed via the existing sliding glass door. There would be stairs from the deck to the ground as well. There is a ten (10) foot wide drainage and utility easement along the western property boundary but per the deck dimensions and the Site Plan, no part of the deck would encroach. The deck location is surrounded by quite a bit of vegetation, as well as a six (6) foot tall privacy fence. It appears that the deck would be rather well screened from travelers on Dysprosium Street (certainly during leaf -on conditions). In reviewing the neighborhood (and property files), multiple properties have decks that are less than twenty (20) feet from the property boundary along Dysprosium Street. In fact, in 1988, the Board of Adjustment issued a variance for a deck to be constructed not less than ten (10) feet from the lot line along Dysprosium Street on the parcel directly north of the Subject Property. Thus, this would not be out of character for the neighborhood.