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6.3. SR 09-15-1997.~y of iver MEMORANDUM Item #6.3. TO: FROM: DATE: Mayor & City Council Scott Harlicker, Planning Assistant September 15, 1997 SUBJECT: Request for Variance by Greg Peterson, Public Hearing Case No. V 97-6 Request Consider a request by Greg Peterson for a variance to the maximum area for accessory buildings. Location 14270 191st Avenue; Lot 13, Block 1, Village Estates 2nd Add. Zoning/Land Use Rlb (Single Family Residential) / MR (Medium Density Residential) Attachments Location map Site plan · Letter from applicant Petition from neighbors Overview Greg Peterson is proposing to construct a 30' X 40' (1200 s.f.) detached garage. The applicant has a 24' X 32' (768 s.f.) attached garage. In his letter he states that he needs the garage for storage space and as an area which he can utilize for his hobbies (woodworking, trapping and taxidermy) which require heated space. With the proposed detached garage, he will exceed the 1200 square foot maximum allowed for accessory building area by 768 square feet. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 ° Fax: (612) 441-7425 The property is approximately 1 acre in area, level with woods in the rear. The woods will help screen the proposed garage from the adjacent properties. The applicant has included a petition signed by the neighbors in support of granting the variance. The applicant could construct a 20' X 22' garage and comply with the 1200 square foot maximum. However, a garage of this size, which is the size of a two car garage, would not be large enough to meet the applicant's needs. Variance A 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. o 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 August 26, 1997 no one spoke at the public hearing. The Board was not convinced that the applicant met the criteria needed to grant a variance. It was noted that he could build a 440 square foot garage and not need a variance. The applicant stated that he required more space than that because of the space that his woodworking tools took up. The Board of Adjustment voted to deny the variance request; they did not feel that the applicant met the met the following criteria: Literal enforcement of the ordinance will cause undue hardship. The Board felt that the applicant did not adequately show that he would suffer an undue hardship if the variance for the 1200 square foot garage was not granted. Recommendation The Board of Adjustment denied the variance request because they felt that the applicant did not adequately address the hardship criteria. However, if the applicant can provide additional information showing that the without the 1200 square foot garage he would suffer undue hardship, staff could support the granting of the variance. If the City Council decides to grant this variance request, the following findings are offered for the Council to consider in support of granting the variance: LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT NEEDS THE ADDITIONAL SPACE FOR STORAGE AND TO USE FOR HIS HOBBIES. BECAUSE HIS HOBBIES INCLUDE TRAPPING AND TAXIDERMY, IT IS DESIRABLE TO HAVE A HEATED SPACE SEPARATE FROM THE HOUSE. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS IN THE SAME AREA. BECAUSE OF THE SIZE OF THE LOT A 40, X 30' GARAGE WOULD NOT BE OUT OF PLACE. THE 1200 SQUARE FOOT MAXIMUM WAS ESTABLISHED WITH SMALLER SIZE LOT IN MIND. 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. THERE IS ONE OTHER PROPERTY ON THE CUL DE SAC THAT HAS A DETACHED GARAGE SIMILAR TO THE ONE BEING PROPOSED BY THE APPLICANT. e THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. 5, 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. THE GARAGE WILL BE SCREENED WITH THE EXISTING WOODS AND THE ADJACENT PROPERTY OWNERS AND NEIGHBORS HAVE SIGNED A PETITION IN SUPPORT OF THE GRANTING OF THE VARIANCE. It is also recommended that if the variance request is approved, the following condition should be included: 1. The proposed garage shall not be constructed with a metal exterior. 201ST 2oo~ 1ggTN IgSTH lg7TH g6 ~ lgsTH 94 TH g 5RD 192N0 1915T 1gOTH ?SgTH [3065 Orono P:~kway · P.O. Box 490 Elk River. MN 553~0 ?£ OF- FOR Lot 13, Block 1, VILLAGE ESTATES 2nd ADDITION, Sherburne County, Minnesota. I hereby certify that this survey was prepared by me or under my direct supervision, is correct to the best of my knowledge and belief, was executed in accordance with the current Recommended Procedures For The Practice Of Land Surveying adopted by the Minnesota Land Surveyors Association, and that I am a duly licensed Land Surveyor under the laws of the State of Minnesota. This certificate shows the location of a proposed building, as staked by us, on said land, elevations, and the location of all visible encroachments, if any, from or on said land. No liability is assumed except to the client for whom this survey was prepared, his heirs, and assigns, and said liability is asssumed only for the actual cost of this survey. ~n~n O. Oliver, Land Surveyor Minnesota License No. 8194 Date: April 28, 1986 ~ Greg Peterson propose to build a garage, 30' ~ 40' on said property. I have several reasons why I need and want ito I have outgrown my home and need more storage space. I also have several hobbies which require heated space, such as woodworking, trapping, and taxidermy. ~ would also like to c~ean up my yard and store more things indoors. ~Y lot is all woods where said garage would be built so it will be we~l hidden. Also my neighbor to the west already has one° We the neighbors of Greg Peterson 14270 191 st ave approve of the construction of said garage.