5.5. BASR 09-30-1997 Item# 5.5.
ety of � MEMORANDUM
ElkRiver TO: Board of Adjustments
FROM: Scott Harlicker, Planning AssistanJj A
DATE: September 30, 1997
SUBJECT: Request by John Paul for Variance,
Public Hearing Case No. V 97-15
Request
Consider a request by John Paul for a variance to the maximum total square
footage for accessory buildings and to the architectural standards for
accessory buildings.
Location
18714 Twin Lakes Road
Zoning/Land Use
R1c (Single Family Residential) /MR (Medium Density Residential)
Attachments
• Location map
• Site plan
• Letter from applicant
Overview
The applicant is proposing to construct a 30' X 36' (1080 s.f.) addition to an
existing detached garage. The proposed addition will have a metal exterior.
The applicant has a 528 foot attached garage and a 24' X 40' (960 s.f.)
detached garage for a total of 1488 s.f. of accessory building space, exceeding
the 1200 s.f. maximum allowed by 288 s.f. With the proposed addition the
total accessory building space is 2568 s.f., exceeding the maximum allowed by
1368 s.f.
The existing detached garage and proposed addition are not visible from the
• road or adjacent properties. They are screened from view by a stand of trees.
13065 Orono Parkway • P.O. Box 490 • Elk River,MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612)441-7425
Memo to Board of Adjustments/V 97-15
September 30, 1997
Page 2
• The property is located across County Road 13 from the development
proposed for the Wade Schultz property. There have also been inquiries
about developing the adjacent properties to the west and south. The
applicant's property may seem quite rural at this time; however, since the
property is within the urban service area, that characteristic is likely to
change.
Variance
A variance may be granted only if it meets the following five conditions:
1. Literal enforcement of the ordinance will cause undue hardship.
2. The hardship is caused by special conditions and circumstances which
are peculiar to the property and the structure involved and which are
not characteristic of, or applicable to, other lands or structure in the
same area.
3. The literal application of the provisions of this ordinance would
deprive the petitioner of rights enjoyed by other properties in the same
district under the terms of this ordinance.
• 4. The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction.
5. The variance will not be injurious to or adversely affect the health,
safety or welfare of the residents of the City or the neighborhood
where the property is located and will in keeping with spirit and intent
of the ordinance.
The applicant did not indicated in his letter what hardship he would suffer if
the variance was not granted, what special conditions or circumstances
are peculiar to the property which are not characteristic of, or
applicable to, other lands or structure in the same area or show that
the special conditions are not a consequence of his actions.
The applicant did indicate that the farm across the street has metal pole
buildings and exceeds the 1200 square foot maximum allowed for accessory
buildings. The proposed addition and the existing structure are not visible
from the road or other properties and should not adversely affect the
neighborhood.
ID
\\elkriver\sys\shrdoc\planning\scott\v97-15.doe
Memo to Board of Adjustments/V 97-15
September 30, 1997
Page 3
• Recommendation
The applicant did not show that he meets the criteria necessary to grant a
variance and it is recommended that the Board deny this request for a
variance to the architectural standards and the maximum square footage
allowed for accessory buildings based on the following findings:
1. THE APPLICANT DID NOT SHOW THAT THE LITERAL ENFORCEMENT OF THE ORDINANCE
WILL CAUSE UNDUE HARDSHIP.
2. THE APPLICANT DID NOT SHOW THAT THE HARDSHIP IS CAUSED BY SPECIAL
CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND
THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR
APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA.
3. THE APPLICANT DID NOT SHOW THAT ANY SPECIAL CONDITIONS AND
CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR
INACTION.
•
•
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13065 Orono Parkway • PO. Box 490
Elk River, MN 55330
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/ Proposed addition is a brown colored steel
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size : 30' x 36' with 10' side walls
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09-09-97
Elk River Planning commission
13065 Orono Parkway
P.O. Box 490
Elk River, MN. 55330
Commissioners,
I am requesting a zoning variance for my property located at 18714 Twin Lakes Rd. Elk River.
The variance is to exceed the maximum square footage for out building size as well as
construction material.
I currently have a out building that is 24 ft wide by 40 ft long and I would like to put an addition
onto this building. (see attached drawing)
The structure would be a colored steel post frame building 36 ft wide by 30 ft long.
This building would be used for storage and have a dirt floor.
This building is consistent with other structures in the surrounding area with a farm across the
road from my home.
S
Since :ly
/John Paul
18714 Twin Lakes Rd.
Elk River, MN 55330
Ph 441-7223
VARIANCE REQUEST
Undue hardship
a) property to be stored in the building would be easily damaged by outside storage.
b)
2) Hardship caused by special conditions
a) Property is 5 acres in a secluded rural setting with lowland to the west so no neighbors
will be located close to or in view of the proposed structure.
3) Application of the ordinance would deprive petitioner of rights enjoyed by other properties in the
same area.
a) Large pole buildings at farm across the street.
b) 3 pole buildings at a residence at intersection of Tyler St. and Co. Rd 13.
c) 2 Pole buildings at residence within a 1/4 mile south
d) Industrial hardfacing is a steel sided building which is located approx. 1/4 mile south.
4) Special conditions are not a consequence of petitioner.
a) N/A
5) Variance will not affect surrounding neighborhood
• a) Refer to # 3
b) area is rural and a thick buffer of trees is between road and proposed structure.
c) variance will benefit the surrounding neighborhood by reducing property from being
stored outside.