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6.8. SR 10-20-1997ity of iver FROM: DATE: Item# 6.8. MEMORANDUM Mayor and City Council I/ Scott Harlicker, Planning Assistan~ October 20, 1997 SUBJECT: Request for Variance by John Paul, Public Hearing Case No. V 97-15 Request Consider a request by John Paul for a 1368 s.f. variance to the maximum total square footage for accessory buildings and to the architectural standards for accessory buildings. Location 18714 Twin Lakes Road Zoning/Land Use Rlc (Single Family Residential) / MR (Medium Density Residential) Attachments · Location map · Site plan · Letter from applicant Overview The applicant is proposing to construct a 30' X 36' (1080 s.f.) addition to an existing detached garage. The proposed addition will have a metal exterior. The applicant has a 528 foot attached garage and a 24' X 40' (960 s.f.) detached garage for a total of 1488 s.f. of accessory building space, exceeding the 1200 s.f. maximum allowed by 288 s.f. With the proposed addition the total accessory building space is 2568 s.f., exceeding the maximum allowed by 1368 s.f. 13065 Orono Parkway * P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 Memo to Mayor and City Council/V 97-15 October 20, 1997 Page 2 The existing detached garage and proposed addition are not visible from the road or adjacent properties. They are screened from view by a stand of trees. The applicant stated that the additional space was needed for his woodworking hobby and storage. The property is located across County Road 13 from the development proposed for the Waddy Schultz property. There have also been inquiries about developing the adjacent properties to the west and south. The applicant's property may seem quite rural at this time; however, since the property is within the urban service area, that characteristic is likely to change. Variance A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. 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. 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. The applicant indicated that his hardship would be that he would not be able to store his property inside. By keeping it outside it could be easily damaged. He felt that the special condition is that the property is 5 acres in size and the location of the building is not visible to the neighbors. He felt that with the larger lot he could easily accommodate and should be allowed more than 1200 s.f. of accessory building space. He felt that he would be denied rights enjoyed by others in that the farm across the street has large pole buildings, the farm at the corner of Tyler St. and County Rd. 13 has 3 large pole buildings, a house 1/4 mile south has 2 pole buildings and Industrial \\elkriver\sys\shrdoc\planning\scott\v9715cc.doc Memo to Mayor and City Council/V 97-15 October 20, 1997 Page 3 Hardfacing is a steel building. He felt that the variance would not impact the surrounding area because it is not visible from the road or neighboring properties. Board of Adjustment Meeting At the Board of Adjustment meeting held on September 30, 1997 no one spoke at the public hearing. The Board felt that the applicant did not demonstrate he met the criteria needed to grant a variance. The possibility of reducing the size of the building was discussed but the applicant indicated that he needed the space; he also said that it would be to costly to construct a structure to match the existing garage. The Board voted to deny the variance because they felt that he did not show that the literal enforcement of the ordinance would cause undue hardship, that the hardship was not caused by special conditions peculiar to the property which are not applicable to other lands in the area, he did not show that any special conditions were not a consequence of his action or inaction and he did not try to minimize the variance by reducing the size of the building. Recommendation It is recommended that the City Council deny this request for a variance to the architectural standards and maximum square footage allowed for accessory buildings based on the following findings: The applicant did not show that the literal enforcement of the ordinance will cause undue hardship. The applicant did not show that 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 structures in the area. The applicant did not demonstrate that any special conditions and circumstances are not a consequence of the petitioner's own action or inaction. \\elkriver\sys\shrdoc\planning\scott\v9715cc.doc Proposed addition is a brown colored sided building attached fo existing out size' `50' x ,56' with 10' side walls steel building Address 18714 Twin lakes Rd. Elk River Mn, 55`5.50 `5 5:'. setback South line of the NE 1/4 of the NW 1/4 / of section 55 .'.: . I ,Il- LOCATION 13065 Orono Parkway · P.O. Box 490 Elk River. MN 55330 09-09-97 Elk River Planning commission 13065 Orono Parkway P.O. Box 490 Elk River, MN. 55330 Commissioners, I am requesting a zoning variance for my property located at 18714 Twin Lakes Rd. Elk River. The variance is to exceed the maximum square footage for out building size as well as construction material. I currently have a out building that is 24 ft wide by 40 ft long and I would like to put an addition onto this building. (see attached drawing) The structure would be a colored steel post frame building 36 ft wide by 30 ft long. This building would be used for storage and have a dirt floor. This building is consistent with other structures in the surrounding area with a farm across the road from my home. 18714 Twin Lakes Rd. Elk River, MN 55330 Ph 441-7223 VARIANCE REQUEST Undue hardship a) property to be stored in the building would be easily damaged by outside storage. b) 2) Hardship caused by special conditions a) Property is 5 acres in a secluded rural setting with lowland to the west so no neighbors will be located close to or in view of the proposed structure. 3) Application of the ordinance would deprive petitioner of rights enjoyed by other properties in the same area. a) Large pole buildings at farm across the street. b) 3 pole buildings at a residence at intersection of Tyler St. and Co. Rd 13. c) 2 Pole buildings at residence within a 1/4 mile south d) Industrial hardfacing is a steel sided building which is located approx. 1/4 mile south. ~ 4) Special conditions are not a consequence of petitioner. a) N/A 5) Variance will not affect surrounding neighborhood a) Refer to # 3 b) area is rural and a thick buffer of trees is between road and proposed structure. c) variance will benefit the surrounding neighborhood by reducing property from being stored outside.