01-09 Resolution No. 11469 RESOLUTION NO. 11469
RESOLUTION DENYING AN APPEAL FROM THE DECISION OF THE PLANNING
COMMISSION AND AFFIRMING THE PLANNING COMMISSION'S DECISION
TO DENY A VARIANCE TO REDUCE SETBACK REQUIREMENTS FOR A GARAGE
AT 6400 PILLSBURY AVENUE
WHEREAS, an application was filed with the City of Richfield requesting approval of a
variance on the parcel of land commonly known as 6400 Pillsbury Avenue (the "property") and
legally described as:
Lot 1, Block 5, Rearrangement of Nicollet Homes 2nd Addition, Hennepin County,
Minnesota
•
WHEREAS, the property is located in the Single-Family Residential (R) zoning district
and Richfield Zoning Code Subsection 514.13, Subdivision 2 states that the corner side
setback requirement for garages is 12 feet; and
WHEREAS, the garage is set back 2.9 feet from the corner side lot line; and
WHEREAS, Minnesota Statutes Section 462.357, Subdivision 6, provides for the
granting of variances to the literal provisions of the zoning regulations in instances where their
enforcement would cause "practical difficulty" to the owners of the property under
consideration; and
WHEREAS, the Planning Commission of the City of Richfield held a public hearing and
denied the variance application at its November 27, 2017 meeting; and
WHEREAS, the City Council serves as the Board of Adjustments and Appeals, to hear
and decide appeals of any decision made final by the Planning Commission, pursuant to
Richfield Zoning Code Section 547.05 and Minnesota Statutes 462.354; and
WHEREAS, an application has been filed with the Board of Adjustments and Appeals
requesting appeal from the decision of the Planning Commission; and
WHEREAS, the City Council held a public hearing for the requested appeal from the
Planning Commission decision at its January 9, 2017 meeting; and
WHEREAS, notice of the public hearing was published in the Sun-Current and mailed to
properties within 350 feet of the subject property; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RICHFIELD, ACTING AS
THE BOARD OF ADJUSTMENTS AND APPEALS, HEREBY RESOLVES AS FOLLOWS:
1. The City Council adopts as its Findings of Fact the WHEREAS clauses set forth above,
as well as the following:
With respect to the application for a variance to the corner side setback requirement,
the City Council makes the following findings:
a. Strict enforcement of Zoning Code Subsection 514.13, Subd. 2 would not cause
a practical difficulty. The property owner could have either built the garage 3 feet
narrower or removed a tree from the property to allow the garage to meet
setback requirements. Economic considerations alone do not qualify as a
practical difficulty.
b. No unique circumstances apply to the property that do not apply generally to
other corner properties in the single-family residential district or in the vicinity.
d. The variance requested is the not the minimum necessary to alleviate the
practical difficulty. No practical difficulty has been established as the provisions
of the Zoning Code and the property dimensions would have allowed a
significantly larger garage that met setback requirements.
e. The variance requested is not in harmony with the intent of the zoning ordinance
and will adversely impact the aesthetics of the community. The intent of the
street side setback requirement is to maintain a consistent aesthetic throughout
the community. Street side setbacks are larger than interior side setbacks
because this side of the property also functions like a secondary front yard. The
Zoning Code does allow for significant reduction of this requirement for existing
conditions.
2. Based on the foregoing findings, the application for an appeal from the Planning
Commission decision denying a variance to the corner side setback requirement is
denied.
3. The applicant is ordered to bring the garage into compliance with the provisions of the
Richfield Zoning Code within 180 days and to pay all required permit fees and penalties.
Adopted by the City Council of the City of Richfield, Minnesota this 9th day of January
2018.
Pat Elliott, Mayor
•
ATTEST:VElizabet anHoose, City Clerk