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4.1. SR 05-11-1998.y of TO: FROM: DATE: MEMORANDUM Item# Mayor and City Council Scott Harlicker, Planning Assistant~ May 11, 1998 SUBJECT: Request by Art Johnson for Variance, Case No. V 98-4 Request Consider a request by Art Johnson for a variance to the minimum front yard setback for an accessory structure. Issue At the May 4, 1998 City Council meeting the Council directed staff to put together a list of findings in support of granting the Johnson's variance request to construct a garage within the front yard setback. Attached is Resolution 98-__ granting the variance. The following findings are offered in support for granting the variance: The literal enforcement of the variance will cause the applicant undue hardship in that the proposed garage will have to be located in the middle of their front yard, be visually obtrusive to both the applicant and the neighbors, and will adversely affect the value of their property. o The hardship is cause by special conditions and circumstance which are peculiar to the property including the placement of the house on the property, the change in elevation and the shape of the lot The literal application of the ordinance will deprive the petitioner of rights enjoyed by other properties in that there is a neighboring house and a storage shed which do not meet the front yard setback requirements. 4. The special conditions and circumstances are not a consequence of the petitioner's own action. 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 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 is located. The neighboring property owners spoke out in support of granting the variance. \\elkriver\sys\shrdoc\planning\scott\v98-4fin.doc RESOLUTION 98 - RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION GRANTING A VARIANCE Case No. V 98-1 WHEREAS, the property owner, Arthur L. Johnson, has requested the City of Elk River Board of Adjustments grant a front yard setback variance in an application dated March 2, 1998; and, WHEREAS, a public hearing was held on March 24, 1998, before Board of Adjustments at the Elk River City Hall on such request after due published and posted notice had been given, as well as personal notice to affected property owners on March 11, 1998, and all persons interested were given an opportunity to be heard; and, WHEREAS, on March 24, 1998, the Board of Adjustments voted unanimously to deny the request for a front yard setback variance; and, WHEREAS, an appeal of the Board of Adjustments' decision was made by the property owner to the City Council at a public hearing on April 20, 1998; and, WHEREAS, the City Council voted unanimously to continue the request until the May 4, 1998, City Council meeting; and, WHEREAS, on May 4, 1998, the City Council, by consensus, approved the variance request and voted 4-1 to direct that staff identify the hardships which apply to the variance request at the May 11, 1998 City Council meeting; and, WHEREAS, on May 11, 1998, the City Council voted variance request. ____ to approve the NOW, THEREFORE, BE IT RESOLVED that such petition for a 23' (Twenty- three foot) front yard setback variance is hereby granted for the property described as follows on Exhibit A, based on the following findings: The literal enforcement of the variance will cause the applicant undue hardship in that the proposed garage will have to be located in the middle of their front yard, be visually obtrusive to both the applicant and the neighbors, and will adversely affect the value of their property. The hardship is cause by special conditions and circumstance which are peculiar to the property including the placement of the house on the property, the change in elevation and the shape of the lot The literal application of the ordinance will deprive the petitioner of rights enjoyed by other properties in that there is a neighboring house and a storage shed which do not meet the front yard setback requirements. 4. The special conditions and circumstances are not a consequence of the petitioner's own action. 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. The neighboring property owners spoke out in support of granting the variance. Adopted by the Elk River City Council this 11th day of May, 1998. ATTEST: Henry Duitsman, Mayor Sandra Thackeray, City Clerk \\elkriver\sys\shrdoc\document\resoluti\v98-1.doc EXHIBIT A That pad of Government Lot 2 described as follows: Beginning at the center of the Northeast Quarter of Section 24, thence westerly along the quarter section line a distance of 808.6 feet, thence southerly and parallel to the East line of said Lots 2 and 3 a distance of 1420.43 feet, thence deflecting to the right 90 degrees 47 minutes a distance of 155 feet to a point herein designated as Point 1, thence deflecting to the left 89 degrees 13 minutes to the Iow water mark of the Mississippi River and the actual Point of Beginning, thence returning along said last described line to Point 1, thence deflecting to the left 90 degrees 47 minutes a distance of 150 feet, thence deflecting to the left 89 degrees 13 minutes to the Iow water mark of the Mississippi River, thence Southeasterly to the Point of Beginning, Section 24, Township 32, Range 26, Sherbume County, Minnesota.