4.2. SR 11-13-1995{
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FROM:
DATE:
MEMORANDUM
Mayor and City Council
Kendra Lindahl, Zoning Assistant
November 13, 1995
ITEM 4.2.
SUBJECT: Variance Request Dennis Kramer, Public
Hearing, Case No. V 95 -8
Request
Mr. Kramer is requesting a 1,378 square foot variance to exceed the maximum
size of accessory structure area.
Location
20789 Meadowvale Road NW
• Zoning/Land Use
R1 -a (Single Family Residential) /LR (Low Density Residential).
Attachments
• October 16, 1995 Memo to the Mayor and City Council
Background
Dennis Kramer is requesting a variance to exceed the maximum area of
accessory structures in order to store his collection of older tractors.
When Mr. Kramer came before the City Council on October 16, 1995, the
ordinance allowed 2,000 square feet of accessory structure in this zoning district.
Staff was preparing an amendment to the accessory structure ordinance which
would increase the total allowable accessory area and Council voted to table Mr.
Kramer's request until after the proposed amendment was approved by the City
Council at the November 13, 1995 meeting.
• The amendment, as proposed by the Planning Commission, would allow 4,500
square feet of attached and detached accessory structure area on parcels of land
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425
• between 10.1 and 19.9 acres in the R1 -a zoning district. The amendment would
allow 6,000 square feet of accessory structure area on parcels of land between 20
and 39.9 acres in this same zoning district.
Since the variance request was tabled at the October 16, 1995 Council meeting,
Mr. Kramer has had time to look more closely at the available pole barns and
the proposed ordinance amendment. After examining all of his options, Mr.
Kramer decided to increase the size of his proposal from a 40 foot by 60 foot pole
barn to a 40 foot by 72 foot pole barn.
Mr. Kramer currently has a 12.37 acre parcel with:
• a 23 foot by 26 foot (598 square foot) attached garage
• a 40 foot by 60 foot (2,400 square foot) detached garage and
• a 18 foot by 24 foot (432 square foot) shed
The three existing accessory structures equal 3,430 square feet.
The request is to add a
• 40 foot by 72 foot (2,880 square foot) detached metal pole building.
The total accessory structure area with all of the buildings would equal
• 6,310 square feet, or
• 1,810 square feet greater than the ordinance allows.
•
However, the applicant has stated that if the variance is granted, he will remove
the 432 square foot shed. The total accessory area would then equal
• 5,878 square feet, which is still
• 1,378 square feet greater than the ordinance allows.
•
Staff advised Mr. Kramer that if he chose to combine his 12.37 acre parcel with
his adjacent 9.18 acre parcel he would not need to apply for the variance if the
proposed ordinance is approved. The combination of the two parcels would equal
21.55 acres and the proposed ordinance allows 6,000 square feet of accessory
structure area. Although there is no cost to combine parcels, Mr. Kramer chose
to keep the parcels separate and proceed with the variance request.
Planning Commission Recommendation
At the September 26, 1995, Planning Commission meeting, the Planning
Commission recommended denial of this variance because it did not meet the
five conditions needed to grant a variance according to the City Ordinance.
SAP LAN N I N G \KE N D RA \V 95 -8. DOC
. Recommendation
It is Staff's opinion that this request still does not meet the five conditions for
granting a variance and, therefore, recommends denial of this 1,378 square foot
variance to exceed the maximum accessory structure area based on the following
findings:
•
1. If Council approves the accessory structure ordinance amendment as
proposed, the allowable accessory structure area in this district, based on a
12 acre parcel, would be 4,500 square feet. That is an increase of 2,500
square feet or 2 1/4 times the previous allowable accessory structure. Staff
feels that the new ordinance allows for an adequate amount of accessory
storage space for lots of this size.
2. In order for the Council to grant a variance, they must show that failure to
grant the variance will cause the property owner undue hardship. It is
Staff's opinion that no such hardship exists.
3. Council must show that "the special conditions and circumstances are not a
consequence of the petitioner's own action or inaction". In this case, the
conditions are very much a consequence of Mr. Kramer's desire to continue
with his hobby of collecting tractors while simultaneously leaving his
adjacent 9.18 acre property open for development.
4. Mr. Kramer will still be allowed to construct a smaller pole barn without a
variance. Assuming Mr. Kramer will remove the small shed, as he has
indicated, he would still be allowed to build a 1,502 (40'x 37.55') square foot
pole barn without a variance.
SAP LAN N I N G \KE N D RA \V 95 -8. DOC
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FROM:
DATE:
ITEM 7.1.
MEMORANDUM
Mayor and City Council
Kendra Lindahl, Zoning Assistant
October 16, 1995
SUBJECT: Variance Request Dennis Kramer, Public
Hearing, Case No. V 95 -8
Request
Mr. Kramer is requesting a 2,800 square foot variance to exceed the maximum
size of accessory structure area.
Location
20789 Meadowvale Road NW
0 ZoninyEand Use
R1 -a (Single Family Residential) /LR (Low Density Residential).
Attachments
0 September 26, 1995 memo to the Planning Commission
Background
Dennis Kramer is requesting a variance to exceed the maximum area of
accessory structures. Mr. Kramer's parcel is in the Rl -a zoning district which
allows 2,000 square feet of attached and detached accessory structure area. Mr.
Kramer owns two adjacent parcels of land totaling 21.55 acres. The property he
will be building on is 12.37 acres and the second property is 9.18 acres.
Mr. Kramer currently has a house and a 40 foot by 60 foot (2,400 square foot)
detached garage on his 12.37 acre parcel. The request is to add another 40 foot
by 60 foot (2,400 square foot) detached metal pole building. The total accessory
structure area, if the variance is approved, would equal 4,800 square feet, or
2,800 square feet greater than the ordinance allows. The reason the applicant
wants to construct the 40 foot by 60 foot metal pole building is to store his
13065 Orono Parkway - P.O. Box 490 - Elk River, MN 55330 - (612) 441 -7420 • Fax: (612) 441 -7425
collection of older tractors. The attached memo to the Planning Commission
• explains this request in detail.
•
Planning Commission Recommendation
At the September 26, 1995, Planning Commission meeting, the Planning
Commission recommended denial of this variance because it does not meet the
five conditions needed to grant a variance according to the City Ordinance.
The Planning Commission indicated that, although they would have liked to
grant the variance, they were unable to justify hardship. The existing accessory
structure ordinance limits property owners in the R1 -a zoning district to 2,000
square feet of attached and detached accessory structure area. The Planning
Commission felt that larger property owners in this district, like Mr. Kramer,
should be allowed additional accessory structure space. At the direction of the
City Council, staff will be bringing an ordinance amendment to the Planning
Commission and City Council in the next few weeks. This amendment will
increase the allowable accessory structure area for large property owners in this
district.
Recommendation
Staff and the Planning Commission feel that this request does not meet the five
conditions for granting a variance and, therefore, recommends denial of the
variance to exceed the maximum size of accessory structure area.
S AP LA N N I N G \KE N D RA \V95 -8. D O C
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FROM:
DATE:
MEMORANDUM
Planning Commission
Kendra Lindahl, Zoning Assistan�
September 26, 1995
ITEM 5.2.
SUBJECT: Variance Request Dennis Kramer, Public
Hearing, Case No. V 95 -8
Request
Mr. Kramer is requesting a 2,800 square foot variance to exceed the maximum
size of accessory structure area.
Location
20789 Meadowvale Road NW
Zoning/Land Use
R1 -a (Single Family Residential)/LR (Low Density Residential).
Attachments
• Land use map
• Zoning map
• Site Map
• Site plan
Bacharound
Dennis Kramer is requesting a variance to exceed the maximum area of
accessory structures. Mr. Kramer's parcel is in the RI-a zoning district which
allows 2,000 square feet of attached and detached accessory structure area. Mr.
Kramer owns two adjacent parcels of land totaling 21.55 acres. The property he
will be building on is 12.37 acres and the second property is 9.18 acres.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425
Analysis
• Mr. Kramer currently has a house and a 40 foot by 60 foot (2,400 square foot)
detached garage on his 12.37 acre parcel. The request is to add another 40 foot
by 60 foot (2,400 square foot) detached metal pole building. The total accessory
structure area, if the variance is approved, would equal 4,800 square feet, or
2,800 square feet greater than the ordinance allows. The reason the applicant
wants to construct the 40 foot by 60 foot metal pole building is to store his
collection of older tractors.
Variance
Staff refers the Planning Commission to Section 900.40 of the Elk River City
Ordinance for the five standards to consider when reviewing a variance request.
There are no special conditions or circumstances which are peculiar to the
subject site which are not characteristic to other properties in the same zoning
district. Other properties in the Rl -a zoning district are subject to the same size
restrictions as the applicant. Staff could find no factors which make this request
unique from any other similar request.
Accessory Structure Ordinance
At the direction of the City Council, staff will be proposing an ordinance
amendment in the near future that would increase the maximum area of
accessory buildings in the Al district to 3,440 square feet, which is an increase
of 440 square feet. In addition, the maximum area of accessory buildings in the
Rl -a district would also be increased by 440 square feet to a total of 2,440 square
feet. The additional 440 square feet is the area of a typical two car garage which
is constructed with nearly every home. Staff is also considering adding language
for properties in the Rl -a district which, if over 10 acres in size, would be
allowed 3,440 square feet for accessory building area, just as similar properties
in the A -1 district. Even if this amendment were in place today, Mr. Kramer
would exceed the maximum area by 1,360 square feet.
Recommendation
It is Staff's opinion that this request does not meet the five conditions for
granting a variance and, therefore, recommends denial of the variance to exceed
the maximum size of accessory structure area based on the following findings:
1. Literal application of the provisions of this ordinance will not
deprive the petitioner of substantial property rights, as he is
already 400 square feet in excess of the 2,000 square foot accessory
. structure building area.
SAPLANNING\KENDRA\V95 -8.DOC
2. There are no special conditions or circumstances of the land or
• structure causing the need for a variance. Other property owners
in the area are subject to the same requirements for accessory
structures, therefore, the situation is not unique to Mr. Kramer's
property.
•
3. If the Elk River City Council votes to amend the ordinance as
proposed, Mr. Kramer could build a 1,040 square foot accessory
structure.
S: \PLANNINGWENDRAW95 -8.DOC
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