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6.2. SR 08-18-1997zity of iver FROM: DATE: MEMORANDUM Item# 6.2 Mayor and City Council Scott Harlicker, Planning Assistant~~ August 18, 1997 SUBJECT: Request by Charles and Natalie Johnson for Variance, Public Hearing Case No. V 97-5 Request Consider request by Charles and Natalie Johnson for a variance request to allow a 25 foot high net along their side property line. Location 14146 182nd Avenue, Lot 11, Block 3, Pinewood Subdivision. Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments · Location map · Site plan · Layout of golf course and location of applicant's property · Letter from applicant Overview The applicant's property is located along the fairway of one of the holes at Pinewood golf course. Because of the proximity between the tee and the green, golf balls are often hit into the applicant's yard. The applicant has indicated that on average there are about 15 golf balls hit into their yard every day. The applicant noted that they approached the owner of the golf course, informed him of the problem and asked him to put up a net by the tee to solve the problem. The owner stated that he would not be willing to do 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to the Board of Adjustments/V 97-5 July 22, 1997 Page 2 this. The golf balls are causing damage to the house and present a safety hazard for the applicant. The applicant approached the city and asked what would be required to install the proposed net. They were informed that the net would be considered a fence and was subject to the 8 foot height limitation. If they wanted to go higher than 8 feet, a variance would be necessary. The applicant is requesting that they be allowed to install a 25 foot high net along the rear 80 feet of the west side property line. There are other properties on the golf course in a similar situation. It is not clear if it is as big a problem with the other properties as it is with the applicant. Variance When considering a variance, the variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. o The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. o The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. o The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood where the property is located and will in keeping with spirit and intent of the ordinance. Board of Adiustment Meeting At the Board of Adjustment meeting of July 22, 1997 no one spoke at the public hearing. The Board had a lengthy discussion regarding the variance application. The discussion centered on 2 issues, concern about other \kelkriver\sys\shrdoc\planning\scottkv97-Scc-doc Memo to the Board of Adjustments/V 97-5 July 22, 1997 Page 3 properties with the same situation and that by living on a golf course there is a reasonable expectation that golf balls will be hit on to your property. There was some concern expressed that by granting the variance for this property that other property owners will also request similar variances. Since this situation occurs on other lots within this area, the Board felt that this request did not meet the criteria for granting a variance which reads, "the hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area." The second issue that was discussed related to the fact that by buying property and building a home on a golf course you have to expect that golf balls will be hit on to your property. Because the Board thought that the applicant should have known or expected that golf balls would hit their property, they felt that this request did not meet the criteria which reads, "the special conditions and circumstances are not a consequence of the petitioner's own action or inaction." The Board of Adjustment voted to deny the variance request; they did not feel that the applicant met the following criteria: The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. Recommendation If the City Council decides to grant this variance request, the following findings are offered in support of granting the variance: LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT BY NOT ALLOWING THE 2.5 FOOT HIGH NET THE APPLICANT WILL CONTINUE TO SUSTAIN PROPERTY DAMAGE AND RISK INJURY FROM GOLF BALLS. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO, \ \elkriver\sys \shrdoc \planning\scott \ v97-5cc.doc Memo to the Board of Adjustments/V 97-5 July 22, 1997 Page 4 OTHER LANDS IN THE SAME AREA. EVEN THOUGH THERE ARE OTHER PROPERTIES IN THE AREA WHICH ARE SUBJECT TO GOLF BALLS LANDING IN THEIR YARD, IT IS THE FREQUENCY AT WHICH IT HAPPENS TO THE APPLICANT'S PROPERTY THAT IS NOT CHARACTERISTIC OF THE OTHER LOTS. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. MANY OF THE NEIGHBORING PROPERTIES DO NOT SUSTAIN THE AMOUNT PROPERTY DAMAGE NOR HAVE THE SAME RISK OF INJURY FROM GOLF BALLS AS DOES THE APPLICANT. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE DAMAGE CAUSED BY THE GOLF BALLS AND RISK OF INJURY ARE NOT CAUSED BY ANYTHING THE APPLICANT DID OR DID NOT DO. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. It is also recommended that the granting of this variance have the following condition: IN ORDER TO MINIMIZE THE IMPACT ON THE ADJACENT PROPERTY, THE NET SHOULD BE REMOVED DURING THE WINTER OR WHEN THE GOLF COURSE IS NOT IN OPERATION. \\elkriver\sys\shrdoc\planning\scott\v97-5cc.doc 192ND 1915T 190'P,-I 189TH 185TH 18a 183RD 182ND 1815T 180TN 179T~ LOCATION  LOCATION c~y ~ Ell ' River MAP C ER TIFICATE OF FOR: SURVEy Job No.: ~.~"~(~ obenote~ iron pipe PlUS at~ped I~LS · Denotes iron pip~ Drain4~¢ and Ucilic ar~ ShO~n Eh, /0' .,/ nl Ii It,./ N£'r ,..) If we cannot put up a golf ball net, we will continue to have damage done to our property and live in fear while being outside. For some reason our lot and house is right in the" line of fire" for these amateur golfers. We get an average of about fifteen golf balls a day flying into our yard, some hitting the house. No one has been hurt yet, but it is an accident waiting to happen. We cannot enjoy rrelaxing in our own yard, or do yard work without constantly being on guard. We feel this is the only solution to the problem, because Paul Krause will not put a net up near the tee. We have a lot of time and money invested in our property and we have the right to enjoy it. We wish we would have known something about golf or that someone would have warned us about this potential hazard. All we can do now is to try to fix the problem. The posts will be constructed of four inch well casing. The casing would be six feet in the ground, cemented in two feet diameter concrete. There would be four posts, placed twenty feet apart. The golf ball net would be attached to the posts and would be twenty five feet high. Sincerely, Natalie Johnson 15283 County Road 30 Elk River, Mn.55330 August ~8,1997 Dear Mr. Auch, I spoke to you about our concerns regarding the unsafe conditions at the Pine Wood Golf Course. Every year our vehicles are hit by stray balls on County Road 30. We have reported this to golf course management and have found them to be either uninterested or irresponsible. One person told my husband that the golf course had no duty to tell golfers not to shoot a drive when a car is coming on County Road 30 or at the intersection of Waco and County Road 30. If we were damaged we had insurance to cover it and it wasn't their problem. On another occasion we stopped to talk to a golfer whose shot had flown into our car. He stood on the course holding his golf club at his groin and made a masturbating motion. I am only sorry that I did not call the police in response to this lewd and inappropriate behavior. It is only a matter of time until someone is seriously injured when walking, biking, or otherwise passing the course. Then everyone will be very sorry and run around correcting a situation that has been dangerous for years. The city should take immediate action requiring Paul Krause to put a net around the outer perimeter of the course as well as protecting the homes of those homeowners on the golf course who wish such protection. Hr. Krause has made a pile of money off of the golf course, its time he took some of the responsibility as well. Sl~rely,~ . ~L. Gaull ~ Philip A. Murray P.S. The other evening we drove from Monticello to Buffalo past a golf course that had exactly the kind of net we propose. It was safe and not unsightly.