4.4 BASR 08-13-2013 i
Elk ......,. Request for Action
River
To Item Number
Board of Adjustments 4.4
Agenda Section Meeting Date Prepared by
Board of Adjustments August 13, 2013 Zack Carlton,Planning Intern
Item Description Reviewed by
Consider request by Karl Mortensen for a variance Chris Leeseberg,Park Planner—Planner
reducing the garage setback from 30 feet to 15 feet, Reviewed by
Case No. V 13-06 Jeremy Barnhart,Deputy Director, CODD
Action Requested
Approve by motion the variance request from Karl Mortensen.
Background/Discussion
The applicant is requesting a variance for a 15 foot setback from a front property line in order to
construct a 24 foot by 22 foot two car garage,replacing the existing one car garage. The property is a
corner lot and as such has two front yards. The existing one car garage is approximately six feet from the
property line along Boston Street, and is a legal non-conforming structure. Boston Street is a dead end
roadway with only four other houses on the street.A minimum setback of 30 feet is required.
This property did receive a variance on June 22, 1999 for the exact same request,but the project was not
acted on within the initial 2 years, so the variance lapsed. They are requesting the same variance that was
previously approved.
A variance may be granted by the Board of Adjustments if it meets the following criteria:
1. The variance is in harmony with the general purpose and intent of the ordinance.
Property setbacks are meant to maintain district consistency, ensure structures are not placed
too close to one another, and provide access for public utilities and infrastructure
improvements. The proposed garage will be nine feet further from the property line than the
existing garage. The new garage would be non-conforming per setbacks,but the non-
conformity would be reduced (6 foot setback to 15 foot setback). The ordinance also
requires garages to be at least 440 square feet in area and if approved, the proposed garage
would bring the property into compliance for size.
2. The variance is consistent with the City of Elk River comprehensive plan.
The variance will not affect future development or plans in the area.
3. The petitioner proposes to use the properly in a reasonable manner not permitted by the toning ordinance
The applicant is in compliance with all other setbacks and the garage will be placed at least
50 feet from Lake Orono. The setback of 15 feet is reasonable and will not adversely affect
adjacent property owners.
rewEnto nr
INATUPE
4. The plight of the petitioner is due to circumstances unique to the propery not a consequence of the petition's
own action or inaction
The property is a narrow lot located on Lake Orono. If the garage was setback an additional
15 feet, to meet the minimum setback, the view of the lake would be blocked from the
house. The structure would also be more visible from the lake and be located even closer to
the nearest neighboring home. The lot is only 66 feet wide;a 30 foot setback combined with
a 22 foot garage would only leave 14 feet of yard space behind the garage.
5. The variance, ifgranted, will not alter the essential character of the localiy.
The proposed garage will be located nine feet further from the property line than the
existing garage,reducing the visibility of the structure from Orono Parkway. The garage will
also be upgraded, by size, from legal non-conforming status.
Conclusion
Staff recommends approval of the variance as it meets all five requirements.
Financial Impact
None
Attachments
• Location map
• Applicants narrative
• Site plan
• Aerial of property
• Setback exhibit
N:\Departments\Community Development\Planning\Case Files\V\V 13-06 Karl Mortensen\V 13-06 Mortensen SR to PC 13Aug2013.docx
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July 26, 2013
The City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Subject: Application For Variance
Residence at 12911 Orono Road;Sec 32;Twp 33.0 Rg:26
Heaths Addition Lot 1&Triangular Tract in Lot 2, Blk 2
This letter is to request a variance in order to replace an existing one car garage on the subject
property with a two car garage. A site plan of the property is attached that shows the lot with the
existing house and garage,and with the desired location for a new garage that would be 24 feet wide
and 22 feet deep. The issue here is the setback of the new garage from the property line that adjoins
Boston Street. I am requesting a variance to allow the new garage to have a setback from that property
line of 15 feet. The City has told me the standard setback is 30 feet.
I maintain that locating the garage with a thirty foot setback would result in an undue hardship.
This is related to the fact that this lot is very close to Lake Orono. I have drawn on the site plan the
approximate location of the shoreline that abuts the property. There is a zoning requirement that
structures like garages be constructed no closer than 50 feet to the shoreline on a sewered lot. I have
drawn a line (labeled 50' line)that indicates how close a structure can be to the lake.
The width of this lot is 66 feet. With a 30 foot setback and an anticipated garage length of 22
feet,the maximum distance from the far side of the lot is 14 feet(calculated as 66'-22'-30'). Locating
the new structure in this position would cause the following hardships:
A. The back of the house has an addition that was built with large windows to take advantage
of the view towards the lake. Putting the garage here would block the existing lake view. It
seems an undue hardship to deprive me of the view that is enjoyed by other lakeshore
owners.
B. The new garage would have to be no further than 16 feet from the house (in order to meet
the lakeshore setback requirement). I am considering adding a backyard deck. The best
location is at the back of the house towards the lake,but a deck in this location would face
and be immediately adjacent to the new garage. Thus the preferred deck location would
have a restricted lake view.
C. The garage would divide the backyard into two areas. The first would be a small area near
the house, and then the second would be a larger area near the lake. The two would be
connected by a narrow strip behind the garage, or else one has to cross the driveway.
D. That portion of the backyard within 50-60 feet of the lakeshore slopes towards the lake. I
would like to preserve the existing flat portion of the backyard for grass.
The problems that arise here are somewhat unique to this lot because this is a corner lot in an
older subdivision that predates construction of the present dam that creates Lake Orono. The existing
garage has a setback of about six feet, and was no doubt located that close for similar reasons as I listed
above.
It should also be mentioned that Boston Street deadends at Orono Cemetery about 1 block from
Orono Road. There are only four other homes on this piece of Boston Street and no buildable lots. It is
therefore unlikely that the road would be widened or a sidewalk installed on my side of the road.
In summary I believe that the City has established that it is desirable for residences to have two-
car garages. I would like to remove the existing single car garage and replace it with a two-car garage
which is a desirable improvement and a reasonable right as a homeowner. I am requesting a variance to
decrease the required setback of the new garage from 30 feet to 15 feet for the reasons listed above.
This will have the result of increasing the setback from Boston Street compared with the present garage.
I believe the construction of this proposed garage will have no adverse impact on the neighborhood.
Thank you for your consideration of this request.
Sincerely yours,
Karl N. Mortensen
Property Owner
12911 Orono Road
Elk River, MN 55330
Telephone: 763-441-5754
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Setback Exhibit V 13-06 DATE: 8, 2013
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