5.1 BAAG 04-28-2015Request for Action
To
Item Number
Board of Adjustments
5.1
Agenda Section
Meeting Date
Prepared by
Planning Items
April 28, 2015
Chris Leeseber , Park Planner - Planner
Item Description
Reviewed by
Request by Mathew Mellenthin for a 5 -ft. side yard
setback variance in order to construct a garage,
le rem Barnhart, Deputy Director, CODD
Reviewed by
14148 202nd Ave. NW, Case No. V 15 -05 — Public
Hearin
Action Requested
By motion, approve, approve with conditions, or deny each of the five criteria for the proposed variance
for the following:
1. A side yard setback variance of five (5) feet.
If the Board of Adjustments finds that the request does not meet a criterion for a variance, specific
reason(s) shall be stated for each of the criteria.
If one or more of the criteria are denied by motion, the request needs to be denied.
If the Board of Adjustments denies the request or an appeal is made by any interested party by May 8,
2015, the application will automatically be forwarded to the City Council for consideration. That meeting
will be held on Monday, May 18, 2015, at 6:00 p.m.
Overview
The applicant proposes to construct an 816 square foot garage to store belongings. They are requesting a
5 foot setback variance in order to twist the garage footprint to avoid two mature trees. The topography
of the property and vegetation are restricting the areas the garage can be built.
Applicable Regulation
Below are the applicant's responses to the variance criteria.
Variances may be granted when the petitioner establishes that the variance:
7. Is in harmony with the general purpose and intent of the ordinance, and
The general intent is to promote uniformity of setbacks and keep structures from being too
close to neighboring property. Given the secluded wooded nature of our property, the
neighbor's acceptance of the variance, and the proposed distance from the neighboring
house, we feel the variance is in harmony with the purpose and intent.
2. Is consistent with the City of Elk River comprehensive plan.
P 0 M E R E 0 R F
NAT* UR
We feel the proposed design of the house follows the intent of the City's Comprehensive
Plan. The Comprehensive Plan regulates our property as residential, where garages are
allowed.
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 property in a reasonable manner not permitted by the -oning ordinance;
The use of the property is in a reasonable manner. We feel that building a garage is using our
property in a reasonable manner. We are only asking that a small portion of the garage
(northeast corner) be in the setback to preserve two trees.
4. The p light of the petitioner is due to circumstances unique to the property not a consequence of the petition's
own action or inaction; and
We feel our property has unique environmental characteristics. Much of the 2.7 acres we
have is wetland and the land slopes heavily downward on the west and south sides. The most
buildable area on the property is on the east side of the lot behind our house where we are
proposing it. The closer we can build to our east lot line, the less disruption we will have to
our outdoor environment and two trees we want to keep.
5. The variance, ifgranted, will not alter the essential character of the locality.
The essential character of the locality will not be altered. Due to the secluded wooded nature
of the properties in the area, the garage won't be seen. The only public that would be
affected would be our neighbors to the east and they have no objections to the variance.
They certainly could move someday but the new owners would be aware of the garage.
Analysis
Comprehensive Plan
The Comprehensive Plan has been established through the development of the area for single family
residential. The setback variance does not appear to influence the Comprehensive Plan.
Financial Impact
None
Attachments
• Location Map
• Applicants Narrative
• Site Plans
• Building Example
• Staff Site Plan
N: \Departments \Community Development \Planning \Case Files \V \V 15 -05 Mellenthin \V 15 -05 sr BA Mellenthin 428- 15.doct
Mellenthin
T
�r ariance Case NO:V 15 -05 River
March 16, 2015
Parcel: 75- 515 -0170
Sec /Twp /Rng: 19 -33 -26
Property Address: 14148 202nd Ave NW
Elk River, MN 55330
District: Elk River City
Acreage: 2.70
Legal Description: Meadowvale Woods 2nd Addition
LOT 7 & W 20 FT of S 315.43 FT of LOT 8, BLK 1
To: Elk River Board of Adjustment
Elk River City Council
Re: Property Variance
We, Matt and Marilyn Mellenthin, are requesting a variance on the east side of our lot line. We want
to erect a two -car garage /storage building. We currently only have a two -car attached garage
making it necessary to store property outside in temporary shelters. Building would be able to
improve the "neatness" (if you will) of not only our lot, but our neighborhood. We also want to
protect our investments.
Unfortunately our lot has unique environmental features that challenge adding another building.
Our lot is long and narrow, narrower at the street and wider in the back. The lot slopes more the
further west and south it goes and requires more dirt fill to make it level for building toward the
west.
Much of the 2.7 acres we have is water and the land slopes downward on the west and south sides.
The most buildable area is the east side of the lot and behind our house. The closer we can build to
our east lot line, the less disruption we'd have to make to our existing outdoor environment. The
water from the ponds (run -off) on the south and west sides of our house has been especially high
the last couple of years. Much of the lot has been under water.
We have discussed our plans with our neighbors, Gary and Diane Juettner, whose property line
abuts our east property line and they do not have any objections to a variance.
Please consider granting a variance for our lot, especially given the fact that most of our lot slopes
and is often under water. Because of the sloping nature of our lot, we would have to add2.5 to 3
feet of dirt fill to level off the area. Please feel free to contact us if need more information. Thank
you.
Respectfully Submitted,
r , —
Mathew F. Mellenthin Marilyn P. ellenthin
Property Owner Property Owner
14148 202nd Ave NW
Elk River, Minnesota 55330 -7997
763 - 441 -2718 (H) 612 - 867 -5616 (C)
W 4 So '00
O Nr
D-1
/1�4
= i
(D
-4 NL
(D N89'31145"E
20.00
— ------------- �F
x 'o 'x
W X c
FD
0)
0
:LX\ 60-,1
CD
LO 0
z
0
o 0
O o
cu
(31 W
tx it
-0 1 Z�Pll
1114 lee
284.00- -
35.00--
304.00 N89*31145"E
eP 7) t- S� 51'et" I" m ATO L4"p lt"i Ff-fl'
� pi .3
To Pa Q / S, 17 ftO V^ c To j) 314 ,r c44t5 Ij ,4 FEL --lr' fi
PIL iD-*. Q vl + F-O 0-r ZAa�l
F
F pk -r v pa-ap es
0
.4
DfJID He "5
sc rt) fq
G H
00
0 rr�qlo 0
-7-� 4z5o 0
QLIR4
Z's N W
C6
Al.- awn
L =40 °23i
304.00 N8903 1'45"E
z t Lx i
0
-0
N 0
72
L4
NL
N89031'45"E
20.00 To `..Avtjr PO4.kft Trfflct
ii
ON
pp
IA
W
----------------
T4C (WUQ k% VeIZL) CICSF 70 t4�tl�-
24' x x 10' 2 -Car Garage $9,794.32
Model Number: 1950571 Menards® SKU: 195057
S c:f jk- U-Atxnr e-I
CAIGY t i�',��C�, �6USr2 .
II
I
�! I
it
if I ► '�:
II
�A I
S�
1 T
C
i
! II
1
�r.
0 00
r �aM
r 7r' «.ai
LA
_ II
ov I 1
1