4.3 SR 08-05-2013 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.3
Agenda Section Meeting Date Prepared by
Consent August 5, 2013 Jeremy Barnhart, CODD Deputy Director
Item Description Reviewed by
A Resolution of the City of Elk River Denying an Cal Portner, City Administrator
Appeal from the Approval of Variance No. V13-01 Reviewed by
and Establishing Findings of Fact Therefore
Action Requested
Adopt by resolution denying an appeal by Lisa Benson of the approval of Variance No,V 13-01 and
establishing findings of fact therefore.
Background/Discussion
The City Council held a public hearing and reviewed an appeal made by Lisa Benson regarding the
variance granted by the Board of Adjustment on June 11, 2013, for a reduction in the minimum lot size
from 2.5 acres.
After the public hearing,in which a number of people spoke in opposition, the Council reviewed the
variance request and agreed with the Board of Adjustment in granting the variance was appropriate. The
Council further directed staff to prepare a resolution of denial for the appeal.
Financial Impact
N/A
Attachments
■ Resolution of Denial
POWERED By
AR
City of
Elk
River
Resolution 13-
A Resolution of the City of Elk River Denying an Appeal from the Approval
of Variance No. V 13-01 and Establishing Findings of Fact Therefore
WHEREAS, Solid Rock Church, as the owner of Block 9 in Brentwood Addition, applied
for a variance to allow Block 9 to be subdivided into four (4) lots, three (3) of which would
be smaller than the current 2.5 acre minimum lot size; and
WHEREAS, the variance requested by Solid Rock Church was granted by the City of Elk
River Board of Adjustments on June 11, 2013; and
WHEREAS, on June 18, 2013, the City received a written appeal from the Board of
Adjustments' decision to grant the variance from Lisa Benson; and
WHEREAS, the City Council held a public hearing on the appeal on July 15, 2013, and,
following the public hearing and discussion by the City Council of the merits of the appeal,
the City Council directed City Staff to prepare this Resolution of Denial.
NOW, THEREFORE, BE IT RESOLVED the City Council for the City of Elk River
makes the following findings of fact and decision with respect to the June 18, 2013, appeal
of Lisa Benson from the granting of Variance No. V 13-01 to Solid Rock Church by the
Board of Adjustments on June 11, 2013:
FINDINGS OF FACT
1. Solid Rock Church is the current owner of all of Block 9 in Brentwood
Addition.
2. Block 9 is located with the City's R-1a Zoning District, includes a total of
13.06 acres, and was originally platted as eight (8) lots with an average size of 1.63 acres.
3. In 1994, Solid Rock Church, at the request of Sherburne County, combined
the eight (8) lots on Block 9 into a single lot for ease of administration.
4. The City of Elk River Zoning Ordinance has been amended since the
original platting of Brentwood Addition to require a minimum lot size in the R-1a Zoning
District of 2.5 acres.
5. Currently located on Block 9 is the Solid Rock Church building and two (2)
single-family residential homes, all of which are owned by the Solid Rock NATUREJ
6. Solid Rock Church's lender has requested that the single-family homes
located on Block 9 be platted as separate legal parcels.
7. Solid Rock Church therefore applied for a variance to create four (4) lots on
Block 9 including:
• an 8.06-acre parcel for the existing church;
• a 1.85-acre parcel for one (1) of the existing single-family homes;
• a 1.65-acre parcel for one (1) of the existing single-family homes; and
• a 1.50-acre parcel for a potential future single-family home.
8. The three (3) new single-family lots proposed for Block 9 are located on the
western edge of Block 9 and are not adjacent to any other single-family lots.
9. The closest non-church-owned properties to the new single-family lots are
located across Lowell Street from the new single-family lots and the new single-family lots
are larger than sixteen (16) of the thirty (30) existing single-family lots in the adjoining
residential blocks.
10. The three (3) new single-family lots are consistent with the original plat of
Block 9 and the remainder of the Brentwood Subdivision plat.
11. The variance granted for the three (3) new single-family lots is in harmony
with the general purpose and intent in the City of Elk River Zoning Ordinance. The
Ordinance strives to have lot sizes all at a minimum size to promote consistency in
neighborhood design and character. The proposed three (3) new lots exceed the size of the
majority of the surrounding lot sizes in Brentwood.
12. The variance granted for the three (3) new single-family lots is consistent
with the City of Elk River Comprehensive Plan, which designates Block 9 for public/semi-
public land use in the middle of a rural residential area. A public/semi-public land use
designation is for parcels used for governmental (city, county, school district) and
institutional (church) purposes. The residential structures owned by Solid Rock Church on
Block 9 are accessory uses to the principal institutional use.
13. The variance granted for the three (3) new single-family lots is consistent
with the neighborhood. The property is being proposed to be used in a manner and size,
scope and character of the existing Brentwood Subdivision. The three (3) new single-family
lots are very similar in size to what was originally platted on Block 9.
14. The variance granted for the three (3) new single-family lots will not alter the
character of the locality. The new single-family lots are very similar to what was originally
platted on Block 9, similar to the remaining lots in the Brentwood Subdivision, and larger
than the vast majority of the existing single-family lots across the street from the proposed
new single-family NATUREJ
DECISION
THEREFORE, the City Council for the City of Elk River, after careful review and
consideration of all written materials and oral testimony presented,hereby denies the appeal
of Lisa Benson from the June 11, 2013, decision of the City of Elk River Board of
Adjustments to grant a variance to allow three (3) new single-family lots on Block 9,
Brentwood Addition, as shown in the application materials.
Passed and adopted this 5 I day of August 2013.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREI