4.2. BASR 08-26-1997 \.44
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Item# 4.2.
11/ity of
Elk� MEMORANDUM
•
River TO: Board of Adjustments
FROM: Brady Halverson, Planning Intern
DATE: August 26, 1997
SUBJECT: Variance Request by Neil Buelow,
Public Hearing Case No. V 97-7
Request
Neil Buelow is requesting an additional 6 foot variance to the 100 foot
setback requirement for the Mississippi River.
Location
9988 153rd Avenue, adjacent to the Mississippi River at the Fillmore Street
alignment, Section 24, Township 33, Range 26, Sherburne County, MN.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
• Location map
• Zoning map
• Site plan
• Letter from applicant
• Letter from DNR
Background
Neil and Sandy Buelow are proposing to add a 3-season porch to the back of
their home in order to more fully enjoy their riverfront property. The
applicants' home is located on the Mississippi River approximately 80 feet
from the ordinary high water mark/100 year floodplain. The proposed
addition would be approximatly 74 feet from the ordinary high water mark at
• it nearest point. The City of Elk River's shoreland ordinance classifies the
Mississippi River as a Wild & Scenic River which requires a 100 foot setback
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/V97-7
August 26, 1997
Page 2
from the ordinary high water mark. The existing home was built in 1987.
The applicant is proposing to add a 10' x 18' screened porch to the southwest
side of the home.
Due to the size and shape of the lot and the orientation of the river, the
applicant has few options for placing the addition where it will not need a
variance. *Note the attached site plan which shows how the home is located
on the parcel. *Staff suggests a possible alternative which does not increase
the existing encroachment on the river setback, assuming this is compatible
with interior construction.
DNR Review
The application was sent to Larry Kramka, DNR Division of Water, for
review. Due to the fact that the home is already at variance to the Wild &
Scenic River setback, the DNR has preliminarily indicated verbal approval,
although written approval remains forthcoming.
Variance Requirements
Staff refers the Board of Adjustments to Section 900.40 of the City of Elk
• River code of ordinance, for the five standards to consider when reviewing a
variance. Staff also refers the Board to the applicants' letter addressing the
five standards. Staff feels there are adequate findings to grant the variance
from the ordinary high water mark.
The lot is limiting to the placement of an addition due to its size, shape and
configuration as well as its unique orientation to the river.
The applicants' home was constructed before the current shoreland rules
were in place, therefore, it would be extremely difficult to modify the home in
any way without the need for a variance.
The proposed deck will not extend beyond any of the existing building lines,
but it will be 6 feet closer to the river than the existing building.
There are several homes located nearby along 153rd Avenue and Fillmore
Street which are set back a similar distance, or closer to the ordinary high
water mark, than the applicants' existing home; therefore, this request would
not be out of character for the neighborhood.
•
\\elkriver\sys\shrdoc\planning\brady\v97-7.doc
Memo to Board of Adjustments/V97-7
August 26, 1997
Page 3
Recommendation
Staff recommends approval of the variance request by Neil and Sandy
Buelow, but suggests an alternative exists which would minimize the need
for a variance. Staff recommendation is based on the following findings:
1. Literal enforcement of the ordinance would cause unnecessary
hardship by not allowing the applicants to construct a porch in a
reasonable location on the parcel.
2. Special conditions such as size and shape of the lot and orientation of
the river are peculiar to this particular lot.
3. Literal application of this ordinance would deprive the applicants of
rights enjoyed by neighboring property owners, many of whom
currently own structures set back a similar distance, and in some cases
closer to the ordinary high watermark than the applicants' existing
home.
4. The variance is not a consequence of the petitioners' action but due to
the construction of the home by previous owners.
• 5. Granting of this variance will not be injurious to or adversely affect the
health, safety or welfare of the residents of the City of Elk River or the
neighborhood where the property is located, as other homes in the area
are set back a similar distance from the river.
•
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July 28, 1997
To: City of Elk River
From: Neil and Sandy Buelow
Re: Letter of explanation for Application for Variance for Building Permit
Please consider granting a variance to build a three season porch for these reasons:
1. If ordinance is literally enforced it would be an unavoidable hardship because we
would be denied the opportunity to fully enjoy the scenic beauty of our property during
the insect filled summer months. The addition of a porch would increase and enhance
the liveability of our home.
2. The special conditions and circumstances which are peculiar to the land and
structure involved and cause a hardship are the shape, size and location of our lot.
The unusual, irregular, small and pie shaped lot is situated on the inside bend of the
Mississippi River. Another special condition is the angle of the river at this point along
our property.
3. The literal application of the provisions of the Ordinance would deprive us of rights
enjoyed by our immediate neighbors. The house next door is built 35 feet from the
river at one corner and 78 feet at the other corner. The property two houses from us
• has a large porch, deck, and swimming pool which is 50 feet from the river. Several
other homes along Fillmore Avenue have porches along the river side of their
structures.
4. The special conditions and circumstances are not a consequence of our action or
inaction as we purchased the property with the house built on it in March of 1996.
5. Granting of this variance will not be injurious or adversly affect the health, safety, or
welfare of the residents of the city or neighborhood because the addition will not
extend past the existing outside building lines. Building onto the proposed area is the
only possibility where extension beyond building lines would not occur. Further, no
trees will be removed or cut. Our well and septic tank will not be affected by this
proposed addition. The design and materials used will match the existing structure.
The addition will not obstruct views of the river for any of our neighbors. Included with
this application are letters of support from our neighbors. (However, there are only
letters from three of the four property owners because Mr. Randall Seliga is out of town
until August 4. We will send a letter of support from Mr. Seliga when we are able to
talk to him.)
Please note that the list of property owners required for submission with this
application is one year old (June, 1996). However, the list is accurate as there have
been no changes is the status of property owners within 350 feet from the affected
property in the past year.
IDWe have included with this application two phographs of our house which show the
area where we would like to build the porch.
•
Thank you for your consideration of this proposal. You are welcome to visit and
inspect our property at any time.
Sandy Buelow
,461,(Liatic)
•
S
• July 23, 1997
To: City of Elk River
From: Arthur Johnson
Re: Application for Variance for Building Permit by Neil and Sandy Buelow
The proposed addition of a porch which the Buelows would like to build does not
adversly effect my home or the immediate neighborhood. I would support and
encourage the City of Elk River to grant a variance.
T a
Arthur Johnso
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• July 23, 1997
To: City of Elk River
From: John Lind
Re: Application for Variance for Building Permit by Neil and Sandy Buelow
The proposed addition of a porch which the Buelows would like to build doesnot
adversly effect my home or the immediate neighborhood. I would support and
encourage the City of Elk River to rnt a variance.
Thank you. I
John Lind
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s July 23, 1997
To: City of Elk River
From: Lawrence Burke
Re: Application for Variance for Building Permit by Neil and Sandy Buelow
The proposed addition of a porch which the Buelows would like to build doesnot
a'dVersly effect my home or the immediate neighborhood. I would support and
encourage the City of Elk River to grant a variance.
Tharik you.
Lawrence Burke
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