4.1. SR 11-03-1997,..~y of
iver
MEMORANDUM
Item # 4.1,
Request
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Planning Assistan~
November 3, 1997
Request by Tim Smith for Variance,
Public Hearing Case No. V 97-9
Consider a variance request by Tim Smith to exceed the 1200 square foot
maximum accessory structure area and to the architectural standards in the
Rlb district
Issue
At the October 20th City Council meeting, the Council postponed this item
until November 3rd in order to get some feedback from the Planning
Commission regarding an ordinance amendment to change the existing
ordinance regulating accessory building size and architecture.
At the Planning Commission meeting held on October 28th, the Commission
discussed possible changes to the existing ordinance regulating accessory
building size and architecture. The option that the Commission seemed to
like would allow lots within the urban service area, 5 acres or more in size,
be allowed to construct accessory structures based on the same standards as
property located in the Rla and A1 districts. Attached are the current
regulations on accessory structures. For instance, a 6 acre lot in the Rlb
district would be allowed 3500 square feet of accessory building area, same as
the Rla district. Lots in the urban service area less than 5 acres would be
allowed 1200 square feet, same as the current requirement. Five acres was
picked as a cutoff point because that is the minimum lot size needed for
agricultural uses in the urban service area.
If the ordinance was amended to allow lots within the urban service area, 5
acres and larger, to construct accessory buildings to the same standards as
the Rla and A1 district, the applicant would be able have a total of 6,000
square feet of accessory structure area. He would also be able to build a metal
building, provided it was painted so that it is compatible with the existing
home.
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 97-9
November 3, 1997
Page 2
Recommendation
If the City Council decides to grant the variance request, the following
findings are offered in support of that determination:
LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT
THE APPLICANT WILL NOT BE ABLE TO STORE HIS VEHICLES AND EQUIPMENT INSIDE.
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 APPLICANT HAS A LARGE PARCEL OF LAND WHICH COULD
ACCOMMODATE MORE THAN 1200 SQUARE FEET OF ACCESSORY STRUCTURE 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. OTHER LARGE PARCELS OF LAND IN THE
AREA HAVE POLE BUILDINGS TOTALING MORE THAN 1200 SQUARE FEET.
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 THE NEIGHBORHOOD WHERE
THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH SPIRIT AND INTENT OF THE
ORDINANCE. THE PROPOSED STRUCTURE WOULD NOT BE OUT OF CHARACTER WITH
THE AREA IN WHICH IT WOULD BE LOCATED.
In addition, it is recommended that the following condition be made part of
the approval:
THE PROPERTY ON WHICH THE PROPOSED STRUCTURE WILL BE LOCATED SHALL BE
COMBINED WITH OTHER PROPERTIES OWNED BY THE APPLICANT, INCLUDING THE
PROPERTY ON WHICH THE APPLICANT'S HOUSE IS LOCATED.
s:\planning\scott\v979ccrv.doc
B. In the A-1 and R-la zoning districts, two (2) detached
accessory buildings are allowed per single family parcel.
Restrictions on agricultural accessory structures shall not
apply to parcels ~hat are 40 acres or larger. The total
area of attached garages and accessory buildings shall not
exceed the following scale:
PARCEL SIZE
Less than 1 acre
>1 acre to 2.5 acres
>2.5 acres to 5.0 acres
>5.0 acres to 10 acres
>10 acres to 20 acres
>20 acres to 40 acres
>40 acres
MAXIMUM ACCESSORY STRUCTURE AREA
2,000 sq. ft. a~tached and detached
2,500 sq. ft. attached and de~ached
3,000 sq. ft. attached and detached
3,500 sq. ft. attached and detached
4,500 sq. ft. a~tached and detached
6,000 sq. ft. attached and de~ached
Unlimited
C. in the R-lb, R-lc, R-id, and R-le zones two (2) detached
accessory buildings are allowed per single family parcel.
Also, the total area of attached garages and accessory
buildings shall not exceed 1,200 square feet.
D. In case an accessory building is attached to the main
building, it shall be made structurally a part of the main
building and shall comply in all respect with the
requirements of this ordinance applicable to the main
buildings. An accessory building, unless attached 5o and
made a part of the main building, shall not be closer than
five (5) feet to the main building.
E. Portable utility structures not exceeding one hundred
twenty (120) square feet in projected roof area may be
permitted in any zone and may be constructed of metal, wood,
or masonry so long as the structures comply with the
required minimum setbacks and that the structures be
anchored to the ground.
F. No metal construction/exterior accessory building will
be allowed in the R-lb, R-lc, R~ld, or R-le zoned areas. In
the R-IA and A-1 zoned areas, metal construction/exterior
accessory buildings shall be constructed with painted metal
which is compatible with the existing home.
G. In all single family residential zoning districts, a
minimum twenty feet by twenty-two feet (20' x 22') single
garage shall be construc5ed wi%h a minimum of 440 square
feet in area.
HEIGHT REGULATIONS.
A. Where the average slope of a lot is greater than one
(1) foot rise or fall in seven (7) feet of horizontal
distance from the established street elevation at the
property line, one story in addition to the nunfoer permitted
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