Meeting Date: October 28, 2021
To: Members of the Zoning Board of Appeals
From: Mikayla Schmidt, City Planner
Title
Consider a Resolution for a Variance Request for 1405 Heritage Drive.
Body
Action Requested:
The Zoning Board of Appeals is requested to consider and make a motion for the property 1405 Heritage Drive to allow the southeast garage unit, proposed to be converted into a residential unit, to not be located behind a commercial unit along Heritage Dr. on the first floor.
Summary Report:
The applicant, TW Worldwide, LLC, has applied for a variance request to allow a the southeast garage unit, proposed to be converted into a residential unit, to not be located behind a commercial unit along Heritage Dr. on the first floor.
The property is zoned C2-Highway Commercial (C2) and the property’s use is defined as Mixed Use Commercial/Residential. Section 2.8.3 (L) of the Land Development Code (LDC) defines Mixed Use Commercial/Residential as, “A structure in which commercial activity is located on the ground floor and residential living spaces are located above on the second or third floors, or behind the commercial unit on the first floor.”
The property is located on a corner lot and therefore has frontage on two streets (the internal driveway and Heritage Dr.). The applicant proposes to renovate two existing commercial garage spaces on the southeast corner of the building into residential units. The variance request is only for the southernmost corner unit. If renovated into a residential unit, the space would meet the definition partly because it is behind a commercial unit to the west. To the south, the unit has direct frontage to Heritage Dr., not behind a commercial unit.
The property currently has four rental units. The applicant can add the proposed two rental units since the C2 district has no restrictions on the number of rentals or units. The applicant has connected with the building official for proper building permits needed.
There are minimum and maximum parking regulations for additional units and/or uses to follow. The applicant has applied for a zoning certificate to have the parking reviewed for the property. The residential units, in this instance are considered an Apartment Building. The definition of an Apartment Building is:
(B) Dwelling, Multi-Family (Apartment Building). A building designed to incorporate nine or more dwelling units, each dwelling unit to be totally separated from the other by a wall or a ceiling.
This definition does not exactly fit since the applicant is only proposing eight units, but the definition for the next relevant choice is for an Apartment House, which is defined as:
(C) Dwelling, Multi-Family (Apartment House). A building designed to incorporate four to eight dwelling units, each dwelling unit to be totally separated from the other by a wall or a ceiling. The apartment house is designed to appear as a large single-family dwelling unit rather than a traditional apartment building.
This is a mixed use commercial/residential space and does not have the appearance of a large single-family dwelling unit and therefore staff considers the residential spaces as an Apartment Building when calculating parking.
In Ch. 14 Rental Housing, an Apartment Building is defined as:
Apartment building is a building or portion of a building that contains three or more dwelling units.
This definition matches the intent of the residential units in this case.
An Apartment Building has a minimum of 1.5 spaces per dwelling unit plus at least 0.5 space per unit in common for visitors. The commercial unit is considered Office, which requires 1 space per 500 square feet of floor area. Office is defined as:
Establishments providing executive, management, administrative, or professional services including, but not limited to, real estate, architecture, legal, travel, contractor, employment, advertising, design, engineering, accounting, and similar uses.
Minimum requirements for the Residential units
6 residential units x 1.5 = 9 spaces
6 residential units x 0.5 = 2 spaces
Total = 11 spaces required
Minimum requirements for the Office space
The applicants existing Office space is approximately 1658 SF. The applicant plans to expand this space to 1800 SF to add two additional offices. When calculating floor area, the LDC allows for 15% of the space to be deducted from the overall SF to account for unused space for HVAC equipment, etc.
1800 SF x .15% = 270 SF
1800 SF - 270 SF = 1530 SF
1530 SF / 500 SF = 3.06 total spaces required
The combined total of parking spaces required is 14 spaces. The applicant has 18 spaces available on his property for residential tenants to park and customers visiting the State Farm Insurance business. Based on staff’s calculations, the parking requirements are met for the proposed uses.
Criteria:
The criteria for approving a variance, according to Section 5.5.16(C), are as follows:
(1) Pursuant to Minn. Stat. §462.357, Subd 6, as it may be amended from time to time, the zoning board of appeals may only grant applications for variances where practical difficulties in complying with this LDC (Land Development Code) exist and each of the following criteria are satisfied:
(a) The variance is in harmony with the general purposes and intent of this LDC; and,
(b) The variance is consistent with the Comprehensive Plan; and
(c) The property owner proposes to use the property in a reasonable manner not permitted by this LDC; and
(d) The plight of the landowner is due to circumstances unique to the property not created by the landowner; and
(e) The variance, if granted, will not alter the essential character of the locality.
Findings of Fact:
The Northfield Land Development Code (LDC) 2.8.3 Household Living Use Category (L) defines Mixed Use Commercial/Residential as: A structure in which commercial activity is located on the ground floor and residential living spaces are located above on the second or third floors, or behind the commercial unit on the first floor. The applicant has applied to vary from this definition to allow the southeast garage unit, proposed to be converted into a residential unit, to not be located behind a commercial unit along Heritage Dr. on the first floor. Analysis of the variance requested is addressed below.
Criterion (a) The variance is in harmony with the general purposes and intent of the LDC.
Finding - Criterion (a):
The project is in harmony with the general purposes and intent of the LDC. The existing mixed-use commercial/residential building is consistent with the general goals for the C2: Highway Commercial 2 zoning district.
The property location and character support the following purpose statements in Section 2.3.8 Highway Commercial District (C2):
(3) Providing a location for mixed-uses within buildings and sites,
(5) Provide locations for businesses that rely on easy auto access and parking plus visibility from the highway while providing safe and attractive routes to businesses for pedestrians and bicyclists from neighboring sites and the rest of the city.
(6) Create buildings and sites that are visually attractive and that can be adapted to changing business and community needs.
The renovation of the garage space into a residential unit continues the mixed-use nature of the C2 district, it provides accessibility for automobiles, pedestrians and bicyclists by being located near Highway 3, sidewalks and bike lanes along Heritage Dr. The C2 design standards helped shape the creative building that is visually attractive and adaptable.
The Land Development Code (LDC) was adopted to protect and promote the public health, safety, morals, and general welfare of the city. The proposed variance supports the following purposes of the LDC:
1.1.5 Encourage the development of neighborhoods that incorporate a variety of housing types to serve the needs of a diverse population.
1.1.6 Allow for places with a mixture of uses that are distinctive and contribute to the city’s overall vitality.
1.1.12 Minimize vehicle traffic by providing for a mixture of land uses, pedestrian-oriented development, compact community form, safe and effective multi-modal traffic circulation (e.g., pedestrian, bicycle, and vehicular), and adequate on- and off-street parking facilities.
Criterion (b) The variance is consistent with the Comprehensive Plan.
The Land Use chapter of the Comprehensive Plan will be consulted for any development proposal based on the following steps. If a proposal is not consistent with recommendations of any one of these steps, the proponent should re-evaluate and make adjustments (or provide justification for deviation) if the proposal is not aligned with the following three aspects:
1. Intent: Development proposals will reflect the spirit and values expressed in the 12 principles (statements of intent) (pages 4.9 to 4.13).
2. Location: Development proposals will be consistent with the Conservation and Development Map (page 4.18) and location descriptions (pages 4.14 to 4.15).
3. Character: Development proposals will be consistent with the Framework Map (page 4.19) and recommendations and context descriptions (pages 4.15 to 4.17).
Finding - Criterion (b):
The variance is consistent with the Comprehensive Plan.
Intent:
1. The small town character will be enhanced.
The addition of a residential unit only partially behind a commercial space will enhance the small town character by allowing for living near businesses, other residential neighborhoods and parks. The small town character will continue to be enhanced with the buildings modern architecture and pedestrian access to sidewalks and biking. The “Future Character” of the Corridor Zone states to take on greater intensity, mix of uses, and pedestrian accommodations, which this variance will enhance and has existing access.
2. The natural environment will be protected, enhanced and better integrated in the community.
The addition of this residential unit will protect, enhance and better integrate the community by creating more housing in an infill/mixed use location.
3. The preference for accommodating future growth is in infill locations, then redevelopment/ land intensification opportunities, and then on the edge of existing developed areas.
The addition of this residential unit is a prime example of an infill/redevelopment location. This goal is supported with the additional of a residential unit.
4. New and redeveloped residential communities (areas) will have strong neighborhood qualities.
The proposed residential unit is located within existing commercial and residential areas with strong neighborhood qualities.
5. Environmentally-sensitive and sustainable practices will be integrated into new developments and redeveloped areas.
In effect, the renovation and repurpose of the units, rather than building new supports sustainability with infill and reuse.
6. Places with a mix of uses that are distinctive and contribute to increasing the city’s overall vitality are preferred.
The building currently is mixed-use commercial/residential and the addition of residential units will contribute to the city’s vitality.
7. Neighborhood-serving commercial will be small scale and integrated with the residential context.
N/A
8. A wider range of housing choices will be encouraged - in the community as well as in neighborhoods.
The building provides studio apartment living, which adds to the overall housing stock and mix of housing choices.
9. Rural character of certain areas of the community will be protected.
N/A
10. Streets will create an attractive public realm and be exceptional places for people.
The parcel is situated directly off Heritage Dr. with an attractive and exceptional place for people with existing sidewalk and cycling connections.
11. Places will be better connected, in part to improve the function of the street network and also to better serve neighborhoods.
The parcel is situated directly off Heritage Dr. and is connected to existing sidewalk and cycling connections that connect to nearby retail and residential neighborhoods.
12. Opportunities will be created to walk and bike throughout the community.
The parcel is situated directly off Heritage Dr. and is connected to existing sidewalk and cycling connections that create the ability to walk and bike throughout the community.
Location:
The lot is denoted as and is developed land within the city on the Conservation & Development map.
Character:
The parcel is located in the Corridor area of the Framework Map, auto-oriented in nature and are aimed to be more intensely developed with a mix of uses, which the variance request achieves.
Criterion (c) Property Owner proposes to use the property in a reasonable manner not permitted by the LDC.
Finding - Criterion (c):
The requested variance will result in a reasonable use of the property otherwise not permitted by the LDC. The addition of a residential unit, only partially located behind a commercial unit is reasonable. The exterior of the building will not be altered, the property can add additional rentals, and the parking criteria is met based on the uses proposed for the property.
The property currently has four rental units. The applicant can add the proposed two rental units since the C2 district has no restrictions on the number of rentals or units. The applicant has connected with the building official for proper building permits needed.
There are minimum and maximum parking regulations for additional units and/or uses to follow. The applicant has applied for a zoning certificate to have the parking reviewed for the property. The residential units, in this instance are considered an Apartment Building. The definition of an Apartment Building is:
(B) Dwelling, Multi-Family (Apartment Building). A building designed to incorporate nine or more dwelling units, each dwelling unit to be totally separated from the other by a wall or a ceiling.
This definition does not exactly fit since the applicant is only proposing eight units, but the definition for the next relevant choice is for an Apartment House, which is defined as:
(C) Dwelling, Multi-Family (Apartment House). A building designed to incorporate four to eight dwelling units, each dwelling unit to be totally separated from the other by a wall or a ceiling. The apartment house is designed to appear as a large single-family dwelling unit rather than a traditional apartment building.
This is a mixed use commercial/residential space and does not have the appearance of a large single-family dwelling unit and therefore staff considers the residential spaces as an Apartment Building when calculating parking.
In Ch. 14 Rental Housing, an Apartment Building is defined as:
Apartment building is a building or portion of a building that contains three or more dwelling units.
This definition matches the intent of the residential units in this case.
An Apartment Building has a minimum of 1.5 spaces per dwelling unit plus at least 0.5 space per unit in common for visitors. The commercial unit is considered Office, which requires 1 space per 500 square feet of floor area. Office is defined as:
Establishments providing executive, management, administrative, or professional services including, but not limited to, real estate, architecture, legal, travel, contractor, employment, advertising, design, engineering, accounting, and similar uses.
Minimum requirements for the Residential units
6 residential units x 1.5 = 9 spaces
6 residential units x 0.5 = 2 spaces
Total = 11 spaces required
Minimum requirements for the Office space
The applicants existing Office space is approximately 1658 SF. The applicant plans to expand this space to 1800 SF to add two additional offices. When calculating floor area, the LDC allows for 15% of the space to be deducted from the overall SF to account for unused space for HVAC equipment, etc.
1800 SF x .15% = 270 SF
1800 SF - 270 SF = 1530 SF
1530 SF / 500 SF = 3.06 total spaces required
The combined total of parking spaces required is 14 spaces. The applicant has 18 spaces available on his property for residential tenants to park and customers visiting the State Farm Insurance business. Ten spaces are located on the west side of the building and eight spaces are located on the east side of the building. Based on staff’s calculations, the parking requirements are met for the proposed uses.
Criterion (d) The plight of the landowner is due to circumstances unique to the property not created by the landowner.
Finding - Criterion (d):
The plight of the landowner is due to circumstances unique to the property. The building and its location is existing and has a front facing building towards their existing driveway and Heritage Dr. The garage unit on the southeast corner, that is proposed to be converted into a residential unit, is located behind a commercial unit to the west, but not to the south. The south face of the building does not have any doors or access into the building.
In addition, other use types that are permitted in this zoning district require more parking. The site is limited in parking and that is why the applicant is pursuing a residential space. Apartment building off-street parking minimums are one of the lower parking requirements. Other commercial uses require more parking based on square footage and use.
Criterion (e) The variance, if granted, will not alter the essential character of the locality.
Finding - Criterion (e):
Granting the variance will not alter the essential character of the locality. The exterior of the building will not be altered or changed. It is an interior remodel of the southeast garage bays.
Staff Recommendation:
Staff supports approval of the variance request to allow the southeast garage unit, proposed to be converted into a residential unit, to not be located behind a commercial unit along Heritage Dr. on the first floor.
Alternative Options:
1. The Zoning Board of Appeals could approve the resolution.
2. The Zoning Board of Appeals could deny the resolution.
3. The Zoning Board of Appeals could approve a modified resolution.
Financial Impacts:
There are no direct financial impacts to the City due to approving these variances.
Tentative Timelines:
If approved, the applicant plans to submit the building permit for the interior remodel and begin construction as soon as possible.