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Home My WebLink About2006 03-02 PCP • PLANNING COMMISSION AGENDA CITY OF BROOKLYN CENTER MARCH 2, 2006 STUDY SESSION 1. Call to Order: 7:00 p.m. 2. Roll Call 3. Approval of Minutes - February 16, 2006 4. Administer Oath of Office (Commissioner Lund) 5. Election of 2006 Chair 6. Election of 2006 Chair Pro Tem 7. Chairperson's Explanation • The Planning Commission is an advisory body. One of the Commission's functions is to hold public hearings. In the matters concerned in these hearings, the Commission makes recommendations to the City Council. The City Council makes all final decisions in these matters. 8. Adam Swan 2006 -002 Request for Special Use Permit to conduct a home occupation in the garage at 5821 Camden Avenue North. 9. Discussion Items a. Eave Encroachment into Sideyard Setback b. Garage Heights 10. Other Business 11. Adjournment Application Filed on 2 -16 -06 City Council Action Should Be Taken By 4 -17 -06 (60 Days) Planning Commission Information Sheet Application No. 2006 -002 Applicant: Adam Swan Location: 5821 Camden Avenue North Request: Special Use Permit (Home Occupation) The applicant, Adam Swan, is requesting Special Use Permit approval to conduct a woodworking home occupation in the garage at his residence, 5821 Camden Avenue North. The property in question is zoned R -1 and is located on the west side of Camden Avenue, three houses north of 58` Avenue. It is bounded on the north, west and south sides by other single family homes and on the east by Camden Avenue with single family homes on the opposite side of that street. Home occupations that involve the use of an accessory structure on the property are considered special uses requiring the granting of a special use permit by the City Council following review, public hearing and recommendation by the Planning Commission. The applicant has submitted a letter along with his application explaining that his proposed home occupation will involve woodworking, cabinetry and furniture making in his garage. He proposes hours of operation between 9 a.m. and 5 p.m., Monday through Friday. He explains • that there will be no business related traffic, no regular deliveries, no customer related traffic or parking and no non - resident employee involved with his operation. He is the sole occupant of 5821 Camden and will be the only one involved in the woodworking business on the property. He will have two fire extinguishers located in the workshop and he has been trained in the standards of shop safety. He plans no sign on the property to advertise his business and all storage related to the woodworking operation will be contained within the garage. The Planning Commission's attention is directed to Section 35 -900 of the Zoning Ordinance (copy attached) regarding the definitions for home occupation and home occupation, special, Section 35 -405 and 35 -406 regarding additional requirements for home occupations and home occupations, special (also attached). Special home occupations are defined as any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling and any accessory structure and the lot upon which it is conducted. Some of the main concerns with this special home occupation are the potential for noise and vibrations perceptible beyond the boundaries of the lot which may be a concern to surrounding property owners. Other concerns may relate to the potential for traffic within the neighborhood. Given the comments from the applicant in his letter it does not appear that there will be a lot of traffic associated with the home occupation. No deliveries are proposed, no customer traffic is anticipated and, therefore, there should not be a great impact with respect to the applicant's • 3 -2 -06 Page 1 proposal. There may be the use of some equipment that is not customarily found in a residential dwelling such as saws, planers, or other woodworking equipment. The applicant should provide a listing of such equipment that he is proposing to use in his home occupation. Reasonable reassurances should also be granted that noise will not become a nuisance in the neighborhood. The hours of operation proposed by the applicant seem to be appropriate and should not lead to disturbances either later in the day or earlier in the morning. Attached also for the Commission's review is a copy of Section 35 -220, Subdivision 2 of the Zoning Ordinance which contains the Standards for Special Use Permits. It is not anticipated that the proposed home occupation as indicated by Mr. Swan would be in conflict with the standards outlined in the Zoning Ordinance. It is recommended that the Building Official review the garage and property proposed for the Home Occupation for any recommendations that may need to be made. A public hearing has been scheduled and notices of the Planning Commission's consideration have been sent to neighboring property owners. It appears that the proposed home occupation can be considered acceptable if operated in the manner described by the applicant. Approval of the special use permit is recommended subject to at least the following conditions: 1. The Special Use Permit is granted for a woodworking home occupation involving • the use of an accessory structure on the property. Said home occupation will involve woodworking, cabinetry and furniture making. This home occupation may not be altered or expanded in any way not comprehended by this application without first securing an amendment to the Special Use Permit. 2. The Special Use Permit is subject to applicable codes, ordinances and regulations. Any violation, thereof, may be grounds for revocation. 3. All vehicle parking associated with the home occupation shall be off street on improved space. Vehicle parking on the property shall be in compliance with Section 19 -103, Subdivision 12 of the City Ordinances regarding the size of vehicles allowed. 4. The hours of operation shall be between 9 a.m. and 5 p.m. Monday through Friday. 5. All materials and equipment associated with the home occupation shall be stored indoors. There shall be no outside storage associated with this home occupation. 2 -13 -06 • Page 2 6. The applicant shall comply with recommendations of the Building Official with respect to safety related matters regarding the location and operation of this home occupation. 7. The applicant shall provide appropriate fire extinguishers in the area of the home occupation per the recommendation of the Building Official. . 2 -13 -06 Page 3 Z Planning Commission Application ' - No. 2006 -002 Fw y . I s ISM" .a • ; BROWN ; c «� SCHOM -C 31 ...* �^3 ,•'` 5E�i1'1 A�JE. � 1. AJF- w. w � �► s ■ z -; dd • �� ' I .•fit. �'•'•• �. �• -..� W in r- • AM � I \ tt ${ 1 �� A 1 1 J fir_. LOGISMap Output Page Page 1 of 1 • • u,�aerod�ka►�a- �cF►,�c;�saoos , http:// gis. logis. org/ servlet/ com. esri .esrimap.Esrimap ?ServiceName =bc LOGISMap_QV &... 2/23/2006 Adam E Swan 5821 Camden Avenue North Brooklyn Center, Minnesota Aswan325@Aol.com 763 - 226 -9130 February 14, 2006 City of Brooklyn Center Planning Commission 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 RE: Special Home Occupation/ Special uses permit - Cabinetry and Furniture Making Dear Distinguished Members of Brooklyn Center's Planning Commission and City Counsel: I write in regards of my wishes to open a small woodworking shop based out of my garage. I began my carpentry career at a young age, utilizing the skills handed down to me by my grandfather. I am currently employed as Shop Foreman for a Minneapolis based design and fabrication studio, however I believe I posses the knowledge and ambition to open my own business. I have outlined any pertinent information you may need to consider: • Nature of activity- Woodworking, cabinetry and furniture making. • • Location- The business in question will be conducted out of the garage (see enclosed photo of property. Photo courtesy of Ronald Warren, Planning and Zoning Specialist, City of Brooklyn Center.) located at: 5821 Camden Avenue North Brooklyn Center, MN 55430 • Hours of operation- Monday through Friday, 9:00 a.m. to 5:00 p.m. • Parking/ business related traffic- No business related traffic will be present. No regular deliveries, no customer parking, no non - resident employee parking etc. • Employees- I, Adam Swan, sole occupant of 5821 Camden Avenue North, will remain the only employee of the business in question. • Safety- Two fire extinguishers will be present in the proposed workshop. One will be located in the front of the shop and one will be located in the rear of the shop. Furthermore, I have been properly trained in the standards of shop safety. • Signery- No sign of any kind will be present on the property. • Storage- All business related storage will be contained within the garage. I am proposing a very discreet business which will not disturb my property or my neighbors. I simply request the opportunity to make a living doing what I love. Thank you for your time and considerations. I look forward to your response. Sincerely, f , • Adam K. Swan SF-c ?IaN 3S >00 Floor /area ratio - The numerical value obtained through dividing the gross floor area of a building or buildings by the total area of the lot or parcel of land on which such building is located. Garage. private - An accessory building or an accessory portion of the dwelling building intended for or used to store private passenger vehicles of the families resident upon the premises and in which no business, service or industry connected directly or indirectly with automotive vehicles may be carried on. Garage - school bus - A building, or portion of a building, used for the storage of school buses (defined in M.S.A. Section 169.0 1, Subdivision 6), or where any such vehicles are kept for remuneration or hire, excluding major repair of such vehicles. Green Stria - An area containing only vegetation such as grass, trees, flowers, hedges, and other related landscaping materials, and maintained expressly for such purpose. Group Dav Care Facilitv - A facility licensed by the Minnesota Department of Public Welfare to provide child care for six or more children at one time. This term also includes, but is not limited to, facilities having programs for children known as nursery schools, day nurseries, child care centers, play groups, day care centers, cooperative day care centers and Head Start programs. Home Occupation - Subject to the further limitations of Section 35-405 of the Zoning Ordinance, a home occupation is any gainful occupation or profession, carried on within a dwelling unit, by a family member residing within a dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit and the lot upon which it is constructed, including, without limitation, dressmaking, secretarial services, professional offices, answering services, individual music or art instruction, individual hobby crafts, and day care and similar activities. Home Occupation. Special - Subject to the further limitations of Section 35-406 hereof, and subject to approval by the City Council, a special home occupation is any gainful occupation or profession carried on within a dwelling unit or any permitted accessory buildings or installations on a lot, by a family member residing within the dwelling unit, which is clearly incidental and secondary to the residential use of the dwelling unit, the accessory structures, and the lot upon which it is constructed, including, without limitation, barber and beauty services, shoe repair, photography studios, group lessons, saw sharpening, motor driven appliances and small engine repair, and similar activities. Hospital - An institution licensed by the state Department of Health primarily engaged in providing, by or under the supervision of physicians, to inpatients (A) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled or sick persons, or (B) rehabilitation services for the rehabilitation of injured, disabled, or sick persons. Hotel - A building which provides a common entrance, lobby, and stairways, and in which lodging is commonly offered with or without meals for periods of less than a week. City of Brooklyn Center 35 -88 December 3, 2005 a. In any yards: Off - street open parking spaces; terraces; awnings; canopies; • steps not exceeding 10% of the area of the yard; chimneys; flagpoles; air conditioner condensers; temporary seasonal swimming pools; opaque fences, hedges, or walls provided they shall not exceed four feet in height in front yards and provided they do not impede vision within the sight triangle described in Section 35 -560, or a clear view of the address of the principal building. Fences, hedges, or walls may exceed four feet in height alongside interior property lines. No fence, hedge or wall shall be allowed which constitutes an unsafe sight obstruction for pedestrians or motor vehicle operators. b. In rear yards: Recreational and laundry drying equipment; arbors and trellises; balconies limited to 15% of the yard area; breezeways, open porches; detached outdoor living rooms (patios). 9. Interior residential lots shall have a minimum rear yard area of 30% of the total lot area, exclusive of permitted accessory structures. 10. Setbacks along major thoroughfares as designated in Section 35 -900 shall in all cases be at least 50 feet, measured from the street right -of -way line, except for commercial buildings located in commercial zoning districts (C1 and C2) or accessory structures or where the property abuts a marginal access street or where the property abuts a • noise wall or noise berm constructed by Mn/DOT, or where the City Council finds ' that excess right -of -way mitigates the effects of traffic noise, dust, and fumes. In such cases, the setback requirements shall be as contained in the Table of Minimum District Requirements. 11. Service /office (C1, CIA) uses abutting major thoroughfares shall have minimum lot area of one acre. 12. In instances where an existing one or two family structure in a residential zoning district is deficient in its setback from the front, side, or rear property line by not more than 30% of the setback requirement, the structure may be expanded along the existing building line, provided there is no greater encroachment into the required yard area. This provision in no way permits the expansion of a conforming structure resulting in a setback less than established by this ordinance. Section 35 -405. ADDITIONAL REQUIREMENTS FOR HOME OCCUPATIONS: 1. No home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 2. No home occupation shall involve the use of any accessory structures or installations. • 1 City of Brooklyn Center 35 -57 December 3, 2005 3. No home occupation shall involve the use of equipment other than that customarily found in a residential dwelling unit. 4. No home occupation shall involve the retail sale of merchandise produced off the lot. 5. No home occupation shall involve the employment on the lot of persons who are not members of the family residing on the lot. 6. No home occupation providing day care shall serve more than twelve (12) children in the R1 district, five (5) children in the R2 and R3 districts, or five (5) children, including children of the family occupying a dwelling unit in other residential districts (R4 through R7). This subsection is not intended to supersede any lease arrangements which may be more restrictive. 7. No home occupation shall cause traffic congestion on the lot containing the home occupation or on the streets adjacent thereto. 8. No automobile parking related to the home occupation shall be permitted on the street. Section 35 -406. ADDITIONAL REQUIREMENTS FOR SPECIAL HOME OCCUPATIONS: 1. All special home occupations shall require approval of a special use permit pursuant to Section 35 -220 of the Brooklyn Center Zoning Ordinance. 2. No special home occupation shall use more than one accessory structure or installation and such structure or installation must be a permitted use under Section 35 -310 and Section 35 -311 of the Brooklyn Center Zoning Ordinance. 3. A special home occupation may use equipment not customarily found in a residential dwelling unit. 4. No special home occupation shall employ, at any one time, more than one person who is not a member of the family occupying the dwelling unit. 5. No special home occupation may include the teaching of more than ten (10) students at one time who are not members of the family occupying the dwelling unit. 6. No special home occupation shall cause traffic congestion on the lot containing the special home occupation or on the streets adjacent thereto. City of Brooklyn Center 35 -58 December 3, 2005 7. No automobile parking related to the special home occupation shall be permitted on the street provided, however, that upon a finding that the special home occupation is not feasible without on street parking, the City Council may authorize parking on the street based upon a consideration of Section 35 -220.2 and of the following: a. The amount of the applicant's street frontage. b. The rights of adjacent residents to park on the street. C. Preservation of the residential character of the neighborhood. 8. No special home occupation shall produce light, glare, noise, odor or vibration perceptible beyond the boundaries of the lot. 9. No special home occupation shall include the retail sale of merchandise produced off the lot. Section 35 -410. SPECIAL REQUIREMENTS IN R3, R4, R5, R6 AND R7 DISTRICTS. 1. All storage shall be contained wholly within an enclosed building. 2. The incineration of waste matter shall be conducted in approved equipment located • within the building wherein the permitted use is conducted. Equipment shall be considered "approved" when approved by the zoning official and sanitarian. 3. Where a proposed R3, R4, R5, R6, or R7 development abuts an RI or R2 district other than at a public street line, buffer provisions shall be established. There shall be provided a protective strip not less than 25 feet wide in the case of R6 and R7 uses and not less than 15 feet wide in the case of R3, R4 and R5 uses. The protective strip shall contain an opaque fence or a Council approved substitute. The protective strip shall be landscaped and not be used for parking, garages, driveways, off - street loading or storage. The screening device design must be approved by the City Council as being in harmony with the residential neighborhood and providing sufficient screening of the multiple dwelling area. A proposed fence shall be no less than four feet in height and shall not extend within 10 feet of any street right -of -way. 4. No building permit shall be issued until a site and parking layout has been approved as provided in Section 35 -230. No parking shall be permitted within 15 feet of the street right -of -way, and the 15 foot area shall be maintained as a green strip. City of Brooklyn Center 35 -59 December 3, 2005 City of Brooklyn Center Special Use Permits - Section 35 -220 2. Standards for Special Use Permits A special use permit may be granted by the City Council after demonstration by evidence that all of the following are met: a. The establishment, maintenance or operation of the special use will promote and enhance the general public welfare and will not be- detrimental to or endanger the public health, safety, morals or comfort.- b. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the proposes already permitted, nor substantially diminish and impair property values within the neighborhood. c. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. d. Adequate measures have been or will be taken to provide ingress, egress laid, parking so designed as to minimiza traffic congestion in the public streets. e. The special use shall, in all other respects, conform to the applicable regulations of the district in which it ' is located. I. Conditions and Restrictions The Planning Commission may recommend and the City Council may impose such conditions and restrictions upon the establishment, location, construction, maintenance and operation of the special use as deemed necessary for the protection of the public interest and to secure compliance with requirements specified in this ordinance. in all cases in which special use permits are granted, the City Council may require such evidence and guarantees as it may deem necessary as part of the conditions stipulated in connection therewith. 4. Resubmission No application for a special use permit which has been denied by the City Council shall be resubmitted for a period of twelve (12) months from the date of the final determination by the City Council; except that the applicant may set forth in writing newly discovered evidence of change of condition upon which he relies to gain the consent of the City Council for resubmission at an earlier time. 5. Revocation and Extension of Special Use Permits When a special use permit has been issued pursuant to the provisions of this ordinance, such permit shall Wire without further action by the Planning Commission or the City Council unless the applicant or his assignee or successor commences work upon the subject property within one year of the date the special use permit is granted, or unless before the expiration of the one year period the applicant shall apply for an extension thereof by filling out and submitting to the Secretary of the Planning Commission a "Special Use Permit" application requesting such extension and paying an additional fee in an amount as set forth by the City Council resolution. Special use permits granted pursuant to the provisions of a prior ordinance of Brooklyn Center shall expire within one year of the effective date of this ordinance if construction upon the subject property pursuant to such special use permit has not commenced within that time. in any instance where an existing and established special use is abandoned for a period of one eyar, the special use permit related thereto shall expire one year following the date of abandonment. f City'of Brooklyn Center A Millennium Community • MEMORANDUM TO: Mayor Kragness, Councilmembers Carmody, Las iesen, and O'Connor FROM: Michael J. McCauley, City Manager DATE: February 8, 2006 SUBJECT: Eave Encroachment on Side Yard Setback and Garage Heights Attached is a copy of a review of the issue raised by Mr. Joel Wilson of 5649 Fremont Avenue North. As indicated in the February 2, 2006 Memorandum, the average width of eaves has increased since the side yard setback code was adopted which permits an eave to encroach only 12 inches into the side yard setback. In this review, the Building Official also raised the issue of garage height due to a change in roof styles. The matter is on the Council agenda for direction on whether the Council would like to ask the Planning Commission to review the width of eave encroachment on side yard setbacks and/or garage roof height. 0 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbroohl),ncenter.org City of Brooklyn Center A Millennium Community To: Mayor Kragness and Council Members Carmody, Lasman, Niesen, and O'Connor From: Michael J. McCauley City Manager Date: February 2, 2006 Re: 5649 Fremont Avenue North Situation As Mr. Wilson outlined, the foundation was placed prior to submission of the application for the house. The building official noted that the plans called for an overhang (eaves) that was wider than would be allowed for set back purposes. This was noted on the plans and an modification at the factory was anticipated by City staff. The contractor however received delivery of the house with 18" eaves that encroached 4" into the side yard set back. A similar situation exists at 5421 Fremont where the contractor is in the process of correcting the encroachment. • Applicable Code Section 35.400 Subd. 3c applies to this situation and requires that no part of any roof or appendage to a structure project more than one foot into the minimum side yard set back. There are different setback requirements based on type of structure and the presence or absence of windows. The building code allows a lesser distance for side yard setback than does the zoning code. Options Staff cannot waive the requirements of the zoning code. Relief from application of the zoning code can occur under two circumstances: - a variance processed through the Planning Commission and approved by the City Council; or - amendment of the zoning code. Observations The building official has indicated that the typical house built when the zoning codes were likely adopted had a one foot overhang. Current construction is more likely to have • 6301 Shingle Creek Parkway Recreation and Community Center Phone & TDD Number Brooklyn Center, MN 55430 -2199 (763) 569 -3400 City Hall & TDD Number (763) 569 -3300 FAX (763) 569 -3434 FAX (763) 569 -3494 www.cityofbrooklyncenter.org an 18" to 24" overhang. Based on a less restrictive building code, an amendment to the • zoning code .to reflect current widths would be permissible and possibly desirable. The building official also advised that we may wish to review the height for garages since people are driving taller vehicles and building styles have changed to higher pitched roofs than were the norm in the 60's and 70's. Conclusion Based on the discussions with the building official, I would recommend that the City Council request the Planning Commission review Section 35 -400 Subdivision 3c. It seems reasonable to allow a longer overhang on a building that otherwise meets setback requirements. I would also recommend that the Planning Commission be asked to review the height limitations of garages in light of changed building styles. As it relates to Mr. Wilson, the options are to apply for a variance, which would be difficult to obtain since the criteria for a variance generally re q uire a hardship not of the land owner's making. While Mr. Wilson didn't create the problem, it is an issue related to his construction not meeting the zoning code. A copy of the Standards and Prcedures for Zoning Ordinance Variances is enclosed. The other option, if the City Council wished to consider a review of the applicable sections, would be to defer potential enforcement actions to compel compliance with the zoning code pending a review of a possible amendment of the zoning code. Thus, if the code were amended, Mr. Wilson's property • would not be non - conforming. Mr. Wilson is receiving a copy of this memorandum and attachment with notification that the matter will be placed on the February 13'' City Council Agenda for direction on referring a possible ordinance change to the Planning Commission. i • 5«T�o,� 3 J -4t b. In the case of permitted one family and two family dwellings, the dwelling may be located less than ten (10) feet, but not less than five (5) feet, from not more than one (1)'of the established interior side lot lines, provided: (1) All other yard setback requirements are met; (2) The remaining minimum ten (10) foot interior side yard, between the dwellings and the lot line, shall not be used for any accessory building; (3) The exterior wall of the dwelling, facing the interior side yard of less than ten (10) feet, shall contain no openings including doors, or windows, or provision for mechanical equipment. C. The setback distance shall be measured from the exterior wall of the building, and no part of any roof cornice or any appendage to the structure shall project more than one (1) foot into the minimum side yard setback. d. Interior side yard setback requirements may be waived in commercial and industrial districts where abutting commercial and industrial property owners wish to abut along a common wall built along the property line. In other cases, commercial or industrial buildings may be set back less than ten (10) feet, but not less than three (3) feet, from not more than one of the established side lot lines, provided: (1) All other yard setback requirements are met: (2) The remaining minimum ten (10) foot interior side yard, between the building and the lot line, shall not be used for any accessory building: (3) _ The exterior wall of the building, facing the interior side yard of less than ten (10) feet, shall conform in all respects with the requirements of the State Building Code. 4. When a building of 2 -1/2 stories or more in an R5, R6, R7, C 1 or C2 zone abuts an RI or R2 zone, the setback of this building from the RI or R2 property shall be no less than twice the height of the building. 5. In the case of corner lots, the lot lines not abutting street right -of -way shall, for the purpose of this ordinance, be considered side - interior lot lines, and except as otherwise provided, the use shall adhere to the setback requirements set out for interior side yards. 6. Except as otherwise provided, accessory buildings shall be permitted to be constructed to within five (5) feet of the rear property line. 7. Lot width shall be a function of the width of the townhouse unit. Where a townhouse unit abuts any other use, the interior side yard setback shall be a minimum of ten (10) feet. 8. The following shall not be considered as encroachments on yard setback requirements. City of Brooklyn Center 35 -56 December 3, 2005 Page 1 of 1 Ron Warren From: Ron Warren Sent: Friday, February 03, 2006 9:56 AM To: Michael McCauley Cc: Brad Hoffman; Larry Martin Subject: Side Yard Setback Requirements - 5649 Fremont Avenue N I've been requested to provide follow -up information to my 1/30/2006 memo relating to side yard setback requirements as they relate to 5649 Fremont Avenue N. The Zoning Ordinance at Section 35-400 (Table of Minimum District Requirements), requires a minimum 10 foot side yard setback for a principal building in a R -1 zoning district. Side yard setbacks for accessory buildings are 3'. Setbacks are measured from the side interior property line to the building wall. Section 35 -400, Subdivision 3b allows varying side yard setbacks in certain cases and states... "In the case of permitted one family dwellings, the dwelling may be located less than ten (10) feet, but no less than five (5) feet, from not more than one (1) of the established interior side lot lines, provided: (1) All other yard setback requirements are met; (2) The remaining minimum ten (10) foot interior side yard, between the dwellings and the lot line, shall not be used for any accessory building; (3) The exterior wall of the dwelling, facing the interior side yard of less than (10) feet, shall contain no openings including doors, or windows, or provision for mechanical equipment." 5649 Fremont is a single family residential lot, 87' wide by 128' deep. Permits were issued for the demolition of an existing house and the construction of a 27.33' by 56' foundation on 11/3/05. The site plan showed that the foundation would be setback 10' from the south interior property line and 21' from the north interior property line. The plan for the full building permit was submitted later and following discussion and clarification on the length of the roof overhang, the contractor was advised that the maximum encroachment allowed into the 10' setback for the overhang was 12 ". The full building permit for the construction of the house was issued on 12/22/05 on that • basis. As noted above, there are varying side yard setbacks allowed for principal buildings. 10' is required at least on one side of the building. A setback of less than 10', but no less than 5', is allowed on other side provided there are no openings including doors, windows or provisions for mechanical equipment on the side less than 10'. An overhang would be allowed to encroach one foot into that setback. Any more of an overhang encroachment would mean that the building wall would have to be setback proportionately from the interior lot line. An exception to that would be if there were no openings on that side of the building. The house was manufactured off -site and delivered with a 16" overhang which, when set onto the foundation, creates a 4 encroachment into the side yard setback requirement. The contractor has been advised to correct the encroachment by reducing the overhang by 4 ". This is the same type of correction given to the contractor of the manufactured house being constructed at 5421 Fremont where a house with an 18 ", rather than a 12 ", overhang was delivered. He is in the process of correcting that encroachment by appropriately reducing the overhang. Yard setbacks have long been held to be legitimate forms of land use regulation provided they reasonably relate to a recognized public purpose. Many court cases have been decided over the years which have solidified there use. Setbacks afford room for lawns, trees and open space; keep dwellings apart from dust, noise and fumes; add to the attractiveness and comfort of a residential district; reduce fire hazards; allow light and air between adjacent buildings. Side yard setbacks in particular allow space between lots for fire protection and provide the ability to get fire fighting equipment into rear yard areas. All of these points are justifiable reasons for setbacks. The current side yard requirements and the one foot overhang encroachment have been in existence in Brooklyn Center for many decades. The ability to have the varying side yard setback for a principal building was adopted by the City Council around 1975. You have also requested information regarding the criteria for obtaining a variance. I've forwarded you a copy of the "Standards and Procedures for Zoning Ordinance Variances" which is an informational handout provide to persons wishing to pursue a variance. This sheet cites the four standards, all four of which must be meet in order for the City Council to grant a variance. I hope this information is beneficial to you. If you need additional information or comments, please contact me. • 2/3/2006 Page 1 of 1 Ron Warren From: Ron Warren Sent: Monday, January 30, 2006 4:12 PM To: Brad Hoffman Cc: Larry Martin Subject: Side Yard Setback Requirements for Overhangs You have requested comments from Larry Martin, Building Official, and myself regarding the side yard setback requirement for overhangs particularly as it relates to 5649 Fremont Avenue North. The contractor building the house at this address has been advised that the overhang extending into the side yard exceeds what is an allowable setback encroachment by 4 inches and must be corrected. Section 35 -400, Subdivsion 3c of the Zoning Ordinance states "The setback distance shall be measured from the exterior wall of the building, and no part of ant roof cornice or any appendage to the structure shall project more than one (1) foot into the minimum side yard setback." The side yard setback distance varies depending upon whether a building is a principal building or an accessory building and certain other circumstances. However,once the setback has been determined, an overhang is allowed to encroach into that setback by only one foot. The situation at 5649 Fremont came about because the house was a manufactured home constructed off site and because the permit was issued in two parts. The first part was for the foundation, the second part was for the remainder of the building. When the Inspector became aware of the overhang encroachment at the time the plans for the full permit were submitted, the plans were noted and a correction was expected. The overhang was to be reduced by 4 inches. The house was delivered with a 16 inch overhang and the contractor was advised to cut 4 inches from the overhang. A similar situation exists for the manufactured home being constructed at 5421 Fremont. That house was delivered with an 18 inch overhang. The contractor was advised and is in the process of correcting the • encroachment. Modifications to the allowed overhang encroachment can only be made through the variance process which requires review and public hearing by the Planning Commission and approval by the City Council upon a finding that all four of the standards for variance contained in the Zoning Ordinance are met. The City Council also has the option to amend the Zoning Ordinance to allow for a new overhang encroachment if they believe it is appropriate. The State Building Code is less restrictive with respect to side yard setbacks than our Zoning Ordinance. The Building Official and I would caution, however, that any new standard should not exceed the standards established by the State Building Code or allow overhangs to extend beyond property lines. • 1/30/2006 STANDARDS AND PROCEDURES FOR ZONING ORDINANCE VARIANCES CITY OF BROOKLYN CENTER 6301 SHINGLE CREEK PARKWAY Anyone contemplating a request for a variance from the Zoning Ordinance should consult with the Planning staff, prior to submitting an Application to the Board of Adjustments and Appeals, for the purposes of familiarization with applicable 'ordinance standards and evaluation of the particular circumstances. A prospective applicant will provide documents and information, as requested by the Secretary, to the Board of Adjustments and Appeals or to the City Council. An application must be submitted fourteen (14) days prior to the regular meeting of the Board. In instances where the strict enforcement of the literal provisions of this zoning ordinance would cause undue hardship because of circumstances unique and distinctive to an individual property under consideration, the City Council will have the power to grant variances, in keeping with the spirit and intent of this ordinance. The provisions of this ordinance, considered in conjunction with the unique and distinctive circumstances affecting the property, must be the proximate cause of the hardship; circumstances caused by the property owner or his predecessor in title will not constitute sufficient justification to grant a variance. The Board of Adjustments and Appeals may recommend and the City Council may grant variances from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique and distinctive to the individual property under consideration. However, the Board will not recommend and the City Council will in no case permit as a variance any use that is not permitted under this ordinance in the district where the affected person's land is located. A variance may be granted by the City Council after demonstration by evidence that all of the following qualifications are met: (A) • Because of the particular physical surroundings, shape, or topographical conditions of the specific parcels of land involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of the regulations were to be carried out. (B) The conditions upon which the application for a variance is based are unique to the parcel of land for which the variance is sought, and are not common, generally, to other property within the same zoning classification. (C) The alleged hardship is related to the requirements of this ordinance and has not been created by any persons presently or formerly having an interest in the parcel of land. (D) The granting of the variance will not be detrimental to the public welfare or injurious to other land or improvements in the neighborhood in which the parcel of land is located. The Board of Adjustments and Appeals may recommend and the City Council may impose conditions and restrictions in the granting of variances so as to insure compliance with the provisions of this ordinance and with the spirit and intent of the Comprehensive Plan and to protect adjacent properties. Copies of the Zoning Ordinance may be obtained from the Administrative Office. Questions should be directed to the Community Development Department, at (763) 569 -3330. Standards and Procedures for Zoning ordinance Variances Revised 4-01 / EXISTING HOUSE SET BACK LINE d •. 51ab Elevations • �, SCALE 1'-`s st Quadrant PLAT. 128.64 ast Corner ; . EXISTING F ADDITION . , GARAGE 0 8 8 iN . .q �, v1. • ° 27.33 is M 0 3�✓ '.. — c ti-•�`✓ 10.00 / / 10.00 844.5 �'•• ?'• '' ` °.,,;' GRADE 2.10 _X y TOP OF �' GRA / FOUNDATION ( _ 35.00 • < • 2 �.�c'.. cwt • . v'i, :.'� ,.t • �/ 't►� / / /F '• ,.' • �,��•;:' '��'`;f:� =.• '� PROPOSE App /HOUSE 1 W e" �► / �i BUILDING PA) 25.00 `" °k EXISTING HOUSE / n i AC D L E 30 p -. , t p A 4w S4 4Sp L_ _ �d 10.00 'Y 1 AQ 1 / 10.. t► W o A D o N90'00'00 "W MEAS. 128.33 p g '' •t d. \ EXISTI G •. Y. 1, y •;;, •r ,,, ., wh.w �.,•. :,�,'•.y'7�►9:'...•., .•': ••'i .�.. +4':• •• �J • .,..1 �:.. ,%. �,.: \.YIy•...t., '•,,•', r.tA. li .� GARA E DDITION, 4 .� `:... ' • .p �p 4 EXISTING irect 2 HOUSE Land r r`h-' s ,>r r d':'"` �. � �•ui 'xs. •? s n �EV� k '.T '_ `a �' _ %° "_ e 3 • � t ° . � a �eY."y.�..;'j. y�.%.�:. _F s 'b..: n p{ .S �S: '49,.x .$.,y >'Fya x �,.� .� h .•C.:" .. 4E . �:i 'x ^' s'. ; � ';,�• s' e ��3': N;, S ,p R , t •� fig• "' �:v�..":`: <' 'w&. w i I 12- inches 8-feet 1 5 -feet �--� Allowable minimums without windows 16- inches 13 -feet 8- inches 1 5 -feet 10 -feet I ---� With windows 16- inches 29 -feet 5- inches ! ' 1 20 -feet 9- inches ; ' ' 10 -feet • Actual distance a Building Planning Rmim Step 3 If the exterior walls are located less than 3 feet from the lot lines, check for wall rating, openings and projections. • A 1 -hour fire- resistive rating. • Rating for fire exposure from both sides. n using • No openings permitted (except for foundation vents). • Projections beyond the exterior wall shall not extend more than 12 inches into areas where openings are prohibited or a point one -third the distance to the lot line from an assumed vertical plane located where protected openings are required, whichever is less. PL I LESS THAN 3' - 0" TO LOT LINE SINGLE - FAMILY I DWELLING I I: I —MAXIMUM 12" OVERHANG I PERMITTED I, I I sign i 'p• MINIMUM ALLOWABLE DISTANCES TO LOT LINE WITHOUT FIRE RESISTIVE -RATED WALL MEAN For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm. ANNUAL , TEMP Partial Site Plan 4. olumn shall be 01.2 The _ Step 4 aum depth of Check habitable rooms for minimum size. re x301.2(6) lepending on determined on a Space Minimum Area Horizontal Dimension ibing Code. al, At least one room 120 square feet 7 feet the first cede or Other habitable rooms 70 square feet 7 feet miry, as may be s 25*F ( -4 °c) or =,; . Kitchen N.A. N.A. ;rwise, the (99 %) value on the Bedrooms 70 square feet 7 feet -ihcd Bathroom N.A. N.A. and Map and ions Flood W !ode IL 11