4.2. SR 12-21-1995r a�
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Riever T O:
FROM:
ITEM 4.2.
MEMORANDUM
Mayor and City Council
Kendra Lindahl, Zoning Assistant
DATE: December 21, 1995
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
0 Zoning/Land Use
is
R1 -a (Single Family Residential) /LR (Low Density Residential).
Attachments
• November 13, 1995 Memo to the Mayor and City Council
Background
Dennis Kramer is requesting a variance to exceed the maximum area of
accessory structures. He would like to build another pole barn to store his
collection of older tractors. Council tabled this item until after approval of the
accessory structure amendment, Case No. OA 95 -16. The Planning Commission
will be reexamining the accessory structure amendment at their meeting on
December 19, 1995. Staff will prepare a memo for distribution at tonight's
Council meeting which will take into account the Planning Commission's
recommendation regarding the proposed ordinance amendment.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441 -7420 • Fax: (612) 441 -7425
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RiverTo:
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
0 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.
SAPLANN ING \KENDRA \V95 -8.DOC
0 Recommendation
1]
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.
SAPLANNINGWENDRAW95 -8. DOC