4.3. BASR 08-26-1997 Item# 4.3.
ity of � MEMORANDUM
Elk •
River TO: Board of Adjustments
FROM: Scott Harlicker, Planning Assistan„it
DATE: August 26, 1997
SUBJECT: Request by Mark & Penny Leadens
for Variance, Public Hearing Case
No. V 97-8
Request
Consider a request by Mark and Penny Leadens for a 10 foot variance
request to the required 30 foot front yard setback
Location
1918 Vale Avenue; Lot 4, Blockl, Meadowvale Oaks
• Zoning/Land Use
R1c (Single Family Residential) /MR (Medium Density Residential)
Attachments
• Location map
• Site plan
• Letter from applicant
Background
The Leadens are requesting a variance to the required 30 foot front yard
setback. They would like to build a garage addition that would encroach 10
feet into the 30 foot setback. The applicants would like to convert the existing
garage to living space. Their property is located in Meadowvale Oaks
subdivision which is a 16 lot subdivision approved in 1979. The lots range in
size from .28 acres to .41 acres. Ten of the lots are .31 acres or less; the
applicant's lot is .28 acres.
• The applicant's lot is located on a curve of Vale Road and is considered a
corner lot with 88 feet of frontage on one side and 138 feet on the other. The
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612) 441-7420 • Fax: (612)441-7425
Memo to the Board of AdjustmentsN97-8
August 26, 1997
Page 2
front yard setback requirement applies to both sides of the property. The site
contains the applicant's house and attached garage. The site is level with no
topographic limitations that might affect the location of the proposed garage
addition. The house is located in the northeast corner of the lot which limits
the space available for an addition to the south end of the lot.
Overview
The applicant has indicated that they need the addition to accommodate the
needs of their family; they now have two children that share a bedroom. The
existing garage would be converted to living space. The house does not have a
basement so improving that is not an option.
The applicant has looked at a smaller garage, which could be constructed and
meet the setback requirements. However, that would not provide them with
the storage and living space they need. They have also indicated in their
letter that they considered relocating but could not manage it financially and
•
they want to stay in Elk River. They also looked at alternative layouts but
found that the most cost effective design which would accomplish what they
need is the design that is being proposed. Other designs would either require
removing and relocating the existing concrete driveway or would not work
• out architecturally with the existing structure.
The neighboring house to the east is setback about 30 feet from the front
property line. This allows for what could be considered a typical front yard
view along this portion of Vale Road. If the applicant were to construct the
garage as proposed, it would extend about 10 feet into this front yard area. In
order to soften impact of this addition, the applicant has indicated to give the
appearance the garage is an extension of the house, the garage will have
windows on the side facing the neighbor and the side facing Vale Road.
Landscaping will also be provided to screen the garage from the neighboring
property. The garage will not block sight lines around the curve in Vale Road.
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.
\\elkriver\sys\shrdoc\planning\scott\v97-8.doc
Memo to the Board of Adjustments/V97-8
August 26, 1997
Page 3
• 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
Y
where the property is located and will in keeping with spirit and intent
of the ordinance.
Recommendation
Staff believes that this request meets the 5 conditions required for granting
a variance and recommends the Board of Adjustment approve this variance
request of 10 feet to allow a garage addition based on the following findings:
1 LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT
BY NOT ALLOWING THE 10 FOOT VARIANCE, EITHER THE ADDITION WOULD HAVE TO
BE CONSTRUCTED IN A LESS COST EFFECTIVE MANNER OR THE APPLICANT WILL BE
FORCED TO RELOCATE.
• 2. THE LOCATION OF THE HOUSE IN THE NORTHWEST CORNER OF THE PROPERTY
PROHIBITS THE CONSTRUCT OF AN ADDITION IN ANY LOCATION EXCEPT OFF OF THE
SOUTH SIDE OF THE EXISTING GARAGE.THE HOUSE WAS IN THIS LOCATION WHEN IT
WAS PURCHASED BY THE APPLICANT.
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 BECAUSE OTHER HOUSES IN THE AREA ARE
MORE CENTRALLY LOCATED ON THEIR LOT AND HAVE ROOM FOR EXPANSIONS.
4. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH,
SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR NEIGHBORHOOD WHERE THE
PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE
ORDINANCE. LANDSCAPING AND DESIGN FEATURES CAN BE USED TO SOFTEN THE
VISUAL IMPACTS ON THE NEIGHBORHOOD.
•
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• July 23 1997
To: City of Elk River
Our address is 1918 Vale Ave. Elk River MN. 55330. We have lived in the city of
Elk River for 4 years now. Four years ago when we purchased our home it was large
enough at the time. We now have two children, one boy and one girl which at this time
both share a bedroom together. Which could create a potential problem. Our house is
small a rambler with 2 bedroom 1 bathroom and no basement, plus a two car garage.It's
located on a large corner lot with house sitting on the north half of the lot. (See attached
certificate of survey) for layout details. We have looked into relocating into a larger
home, but financially this is not an option for us. We've decided that the Elk River is
community were we would like to raise our kids and keep our family.
After meeting with some contractors, builders and neighbors that have already
added on to there homes next to ours. So we've looked in the direction of adding a
addition on to the existing home. The way our home sits on the existing lot our only
option is to add on to the south which is a large open lot at this time. The Idea of adding
on to any other parts of the house would violate all city codes and set backs. After
explaining our only option with friends that are architect and contractors we been advised
• to add on the existing garage.
By granting us a 10 foot variance on the south side of our lot, this would allow us
to add a large enough 2 car garage on to the existing garage and turn our existing garage
into a bedroom and family room. Our plan show we only need 7 ft but with this corner of
the garage being the only part of the addition that needs a variance. A 10 foot variance
would give us leeway when figuring out the angle and layout that's best for the over all
appearance, architectural design and cost of our addition.
Without a variance for this size addition we would not have adequate room for our
family. Making our addition smaller, would leave us with only a one car garage which
gives us less garage space than we already have, or less house space than we need. This
also limits us from the design and structural layout. Which effects cost and later resale
value of all the surrounding homes.
With to small of a addition chances of other objects that might not fit in a one car garage
could end up being stored or left outside, which might become and eye full for some of
our neighbors and decreasing the value of other home's in the area. We feel that by
granting us a variance would give us enough space and allow us to upgrade our home to
equal the value of the other homes in the neighborhood that have already added on. This
also adds value to other homes in the area without putting our family in a tuff finical
situation. Thank you for your time and consideration for our variance.
Respectfully
Mark&Penny Leadens
II