4.1 BASR 02-24-2015City of
Elk
River
Request for Action
To
Item Number
Board of Adjustments
4.1
Agenda Section
Meeting Date
Prepared by
Board of Adjustments
February 24, 2015
Chris Leeseberg, Park Planner - Planner
Items
Item Description
Reviewed by
Request by Dana /Denise Langlais for 13 ft. front
yard setback variance, 12880 196th Lane NW, Case
Jeremy Barnhart, Deputy Director, CODD
Reviewed by
No. V 15 -03 - Public Hearing
Action Requested
By motion, approve, approve with conditions, or deny the proposed variance for a 13 foot front yard
variance in order to construct a new single family dwelling. If the variance is denied, specific reasons shall
be stated.
If the Board of Adjustments finds that the request does not meet the requirements for a variance, the
item will appear before the City Council on appeal March 16, 2015.
Overview
The applicant is seeking a 12.9 foot Front Yard Setback Variance to build their home in Elk River.
Because of mobility issues, they are looking at building a one level rambler.
The subject property is zoned R -1c (Single Family Residential) and is located in the Prestigious Woodland
Hills subdivision. The property is located at the southwest corner of Albany Street and 196`h Lane and is
currently vacant.
Applicable Regulation
Below are the applicant's responses to the variance criteria.
Variances may be granted when the petitioner establishes that the variance:
Is in harmony with the general purpose and intent of the ordinance, and
As we are proposing to build a modest size rambler that is not any larger than other homes in
the neighborhood, we believe it is in harmony with the general purpose and intent of the
ordinance.
The purpose or intent of two front yard setbacks on corner lots is to maintain a uniform
setback with the front of houses on each street. The two streets, that our property is located
on, are curved resulting in the appearance of varied setbacks. The uniform look would not be
affected by our home encroaching into the setback. With the curve, the house will inherently
look like it "sticks out ", even with proper setbacks.
2. Is consistent with the City of Elk River comprehensive plan.
P 0 w E R E U 8 1
NATUR
We feel the proposed design of the house follows the intent of the City's Comprehensive
Plan. Page 84 highlights the need to revise the zoning ordinances and grant set back
variances as a key strategy to support green building techniques as highlighted on the attached
comp plan printout (attachment 1). Our home will be powered by a geothermal HVAC
system as a part of the overall sustainable home package.
We believe an approved variance to the side yard setback on a corner lot would not conflict
with the City Comprehensive Plan. We are maintaining a larger "side yard" setback than a
non - corner lot is required.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the propery in a reasonable manner not permitted by the -oning ordinance;
The use of the property is in a reasonable manner. We worked with our home designer and
builder to reduce the width of our home a number of times in a good faith effort to make it
fit within the setback requirements; this is however not possible without building a 2 story
style home. A two story home would not be practical for us because of current mobility
issues.
We believe the lot was not designed in a manner to accommodate a rambler home and feel it
is not fair and reasonable to be required to build a two level home.
Rotating the house 90 degrees would meet the required setbacks but that would result in us
having no useable backyard and the inability to have a porch.
4. The p light of the petitioner is due to circumstances unique to the proper y not a consequence of the petition's
ozvn action or inaction; and
The plight is not a consequence of our action or inaction as the lot shape and street locations
and design were in place before we purchased the lot.
5. The variance, ifgranted, will not alter the essential character of the locality.
The essential character of the locality will not be altered. As stated in item #1, the two
streets, that our property is located on, are curved resulting in the appearance of varied
setbacks. The essential character of varied setbacks would not be affected by our home
encroaching into the setback
Analysis
Comprehensive Plan
The subject property has an underlying Land Use of Residential. An approval of the variance will have
no impact on the Land Use.
N:ADepartments\Community Development \Planning \Case Piles \V \V 15 -03 Langlais \N' 15 -03 sr BA Langlais.docs
Transportation/ Circulation
The subject property is located at the southwest corner of Albany Street and 196`'' Lane. Access to the
site will be via a driveway off of 196`" Lane.
An approval of the variance will have no impact on the Vision Clearance Triangle at the intersection of
the two streets.
Mn Statute 15.99 deadline
The City must take action by March 25, 2015
Attachments
• Location Map
• Applicants Narrative
• Attachment 1
• Site Plans
N:\ Departments \Community Development \planning \Case files \V \V 15 -03 Langlais \\' 15 -03 sr BA Langlais.docs
Langlais
Elk Variance Case N0: V 15 -03 River
Variance Request
12880196 th Lane
Variance Narrative
1/21/2015
This letter is to request a variance to the side yard setback for a corner residential lot on which we hope
to build our future home and move to Elk River from Becker in 2015.
We hope to build a modest size rambler with upper level finishes and multiple energy efficient and
sustainable building systems with a local contractor Modern Construction of Minnesota from Elk River.
We believe our home will be a very nice addition to the Woodland Hills neighborhood and fits in well
with the surrounding homes. We also believe our home embodies the ideas set out by Elk River with
their "Powered by Nature" campaign and city slogan as our home will be powered by a geothermal
HVAC system as a part of the overall sustainable home package.
Our lot is located in a R1c district designed for single family residential homes. Our home meets the
general characteristics of sec. 30 -991 for an R -1 district and we believe our home does a superior job of
promoting sec. 30 -991 sub section A -14 to "Encourage a variety and range of dwelling types and a wide
range of population densities with emphasis on home ownership" as this will be our home for years to
come and the floor plan is very unique compared to the majority of homes so we are helping to promote
a wide range of dwelling types and styles.
We also believe an approved variance to the side yard setback on a corner lot would not conflict with
the City comprehensive plan in a meaningful way as we are still maintaining a larger setback distance
than a non - corner lot is required to have and our house is not abnormally large for the neighborhood.
We feel the design of the house fits perfectly with the city's comprehensive plan and specifically page 84
highlights the need to revise the zoning ordinances and grant set back variances as a key strategy to
support green building techniques as highlighted on the attached comp plan printout (attachment 1).
We worked with our home designer and builder to reduce the width of our home a number of times in a
good faith effort to make it fit within the setback requirements; this is however not possible without
building a 2 story style home. A two story home would not be practical for us because of current
mobility issues. The covenants set -up in the area also require trailers and work vehicles be parked in a
garage so building a 2 car garage is not practical or would it fit in with the neighborhood. We believe
the lot was not designed in a manner to accommodate a rambler home and feel it is not fair and
reasonable to be required to build a two level home on a lot designed to fit Rlc housing.
We ask that the city council consider our request for a side yard setback variance so that we may
promote the ideas set out in the city comprehensive plan of green building techniques, aging in place
designed housing, and varied dwelling types and styles by building our new home with a local
contractor.
Thank you for your consideration.
Implementation
Elk RKrer cwm:,e -r -v inn
Key actions or strategies that are intended to accomplish the objectives for housing include: encouraging strong
residential property maintenance, supporting safe and attractive neighborhoods, promoting green building techniques,
ensuring new housing and housing renovation, respecting neighboring properties and the overall character of the
neighborhood, and promoting opportunities for "aging in place" enabling existing residents to stay in their homes
longer. Further implementation strategies include:
Revise the Zoning Ordinance as necessary to ensure
that any infiil development or further subdivision
of large lots will not adversely affect the existing
character of the neighborhood.
Study the possibility of allowing accessory dwelling
units in the City of Elk River to help promote affordable
housing and to help those who may need physical
assistance, including elderly residents.
Ensure the City has adequate and appropriately zoned
land to meet the changing housing needs of the
community.
Continue to monitor and enforre timely progress
related to residential building permits. Do not
allow building projects that have been started to go
unfinished for an excessively long period.
Study the need for, and if appropriate, implement a
residential rehabilitation program using state funding,
community development block grants (CDBGs), or
other suitable resources to provide rehabilitation loans
and grants for residents in need.
Continue to monitor and eriforce home occupation
ordinances in the city to ensure safe and healthy
neighborhood conditions.
In accordance with the policies of this Comprehensive
Plan, coordinate the effective and cost effective
extension of municipal sewer and water to residential
areas that are not served by public utilities.
To The maximum extent- feasible, ensure the
preservation of existing natural features and promote
the sensitive integration of natural features, such
as wildlife corridors, into existing and proposed
development.
Support neighborhoods in their efforts to beautify
their homes and neighborhoods.
Identity and remove possible barriers in the zoning
ordinance and subdivision regulations that discourage
or prohibit the use of green building techniques andfor
renewable energy sources.
Study opportunities to provide incentives that
encourage the use of ctrQPuilding tech_ngues and
renewable energy sources, as appropriate. Incentives
may Include expedited review time, reduction of
84 / Chapter 7. Housinc
review fees, increased density, or administrative flexibility
to grant minor variances (such as setback variances) that
would support green buildmg ter piques an renewable
energy sources.
Review and modify ordinances as necessary to promote
building compatibility with the site_ Far example, strive to
ensure that development dues not unnecessarily remove
mature trees or other desirable site features.
Strive to identify, study, and map unique residential
neighborhoods in Elk River. To the extent feasible,
work with the neighborhoods to identify the qualities
of the neighborhood that they would like to see
preserved. As necessary, modify existing ordinances
or develop guidelines to ensure that future renovations
and development are consistent with the desircd
neighborhood character.
Before applying for the necessary development approvals,
encourage the developer or landowner to conduct a
neighborhood meeting to review proposed development,
redevelopment, or renovations that my impact the
neighborhood character. Offer meeting space at City Hall
or other community facilities as a means to support this
effort.
Where guided in the Land Use Plan, promote the
redevelopment of existing vacant or underutilized
commercial property to include moderate to high density
residential housing. In particular, promote mixed
commercial and moderate to high density housing in
the downtown area and near future transit hubs in the
City. Ensure that housing is consistent with the desirable
character of the area.
Promote flexible development standards and innovative
development techniques hat encourage development,
redevelopment, and renovation of existing housing without
jeopardizing the desirable character of the area.
Study the feasibility and desirability at allowing multiple
types of housing units in existing neighborhoods that
are currently restricted to single family dwellings. For
example, explore the possibility of allovving outright, or as
a corAtional use, duplexes andior twin homes in single
family districts.
Conduct a housing market study based on the City's
goals and future needs.
The Gregory Group
d.b.a.
LOT SURVEYS COMPANY, INC.
Established in 1962
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