4.4. BASR 08-26-1997 ity of Item# 4.4
ElkRiver MEMORANDUM
TO: Board of Adjustments
FROM: Scott Harlicker, Planning Assistan /,►
DATE: August 26, 1997
SUBJECT: Request by Tim Smith for Variance,
Public Hearing Case No. V 97-9
Request
Consider a request by Tim Smith for a variance request to exceed the 1200
square foot maximum accessory structure area for the R1b district and to the
architectural standards in the Rlb district to construct a metal pole building.
Location
4111 13241 Island View Drive
Zoning/Land Use
R1b (Single Family Residential) /MR (Medium Density Residential)
Attachments
• Location map
• Site Plan
• Letter from applicant
Overview
The applicant is proposing to construct a 50 X 80 (4000s.f.) pole building in
order to store his recreation and construction equipment. His property is
zoned R1b which has a 1200 square foot limit on total accessory structure(s)
area. The applicant has 988 square foot attached garage. Including the
proposed pole building the total accessory structure area is 4988 square feet,
exceeding the maximum allowed by 3788 square feet. The proposed building
• will be a metal exterior pole building which is not allowed in the Rlb district.
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 Adjustments/V 97-9
August 26, 1997
Page 2
• The property on which the structure will be located is part of Island View
4th Add.; a 4 lot residential subdivision approved in April. It is a 8.68 acre lot
with frontage on 192nd Avenue ( County Rd. 35).The applicant's house is
located on a parcel directly south of the lot on which the proposed structure
will be located. The applicant is planning on combining the 8.68 acre parcel
with the one that his house is on. Once the lots are combined, he will have a
14.24 acre lot. He has to combine the lots because the lot on which he would
like to build the accessory structure does not have a principle structure. If the
Board should decide to grant the variance request, a condition of the approval
should be that the lots are combined prior to the issuance of a building
permit.
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.
In his letter the applicant indicates that he needs the 50 ` X 80' pole building
to store recreation and construction equipment. He also states that the
reason he needs to construct the pole barn is because the soils are not
suitable for a conventional stick frame structure. His main point seems to be
that the requirements for maximum square feet for accessory structure
should be based solely on the size of the lot, not on what the property is
zoned. By differentiating between the R1a and the R1b districts, he feels the
• residents that own larger lots that are zoned R1b are treated differently and
that is unfair.
\\elkriver\sys\shrdoc\planning\scott\v97-9.doc
Memo to the Board of Adjustments/V 97-9
August 26, 1997
Page 3
• The applicant does not fully explain how his request meets the five criteria
pP Y P q
for granting a variance. He states that the hardship is that the property is
zoned Rlb and that accessory structures are subject to different requirements
in the Rlb district than they are in the Rla district. He indicates that he
needs almost 5000 square feet of accessory building area for storing, among
other things, construction equipment that he uses in his construction
business.
The hardship is not particular to this particular lot. The are other lots in that
area that are larger than the minimum lot size allowed. His construction
equipment could be stored at another location where larger storage buildings
are allowed and the storage of construction equipment is more appropriate.
Recommendation
Staff does not believe that this variance request meets the 5 criteria for
granting a variance and recommends denial of this variance request based on
the following findings:
1. THE APPLICANT HAS NOT SHOWN THAT THE DENIAL OF THE VARIANCE REQUEST WILL
• CAUSE UNDUE HARDSHIP.
2. A 50' X 80' POLE BARN AND THE STORAGE OF CONSTRUCTION EQUIPMENT WOULD
BE OUT OF CHARACTER FOR THIS RESIDENTIAL NEIGHBORHOOD.
3. THE APPLICANT MUST SHOW THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES
ARE NOT A CONSEQUENCE OF THE APPLICANT'S ACTION. IN THIS CASE,THE
CONDITIONS ARE A CONSEQUENCE OF THE APPLICANT'S DESIRE TO STORE
CONSTRUCTION EQUIPMENT,THAT HE USES IN HIS CONSTRUCTION BUSINESS, AT HIS
RESIDENCE AND NOT AT A MORE SUITABLE LOCATION.
4. THE PROPERTY IS LOCATED WITHIN THE URBAN SERVICE AREA WHICH HAS DIFFERENT
STANDARDS THAN THE RURAL ZONING DISTRICTS.
•
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July 14, 1997
To Whom It May Concern,
The city has adopted a zoning ordinance in a R-lb area which differs from a R-la,to the extent
that even if a person has acreage,he can no longer build a pole barn. This ordinance disallows both
metal structures or outbuildings of any sort exceeding a maximum of 1200 sq.ft.combined(inclusive of
your own garage). This general blanket rule is a poor rule in that a farm or large acre area has to apply
for a variance in order to keep a persons equipment out of the weather. This particular rule should be
changed to be applied the same as a R-la district. R-la districts allow a person an accessory building in
accordance to the amount of property owned. I understand that the ordinance is there to protect against
the building of a large barn where there is a chance of a development going in and the barn taking up
valuable space for future construction sites but,this pole barn will be built in an area that can't be built on
even in the future. In your ordinance it states 20-30 acres allows.a 6,000 sq.ft.total attached and
detached accessory building. As there are still many people who own large tracts of land in the R-lb
district,I would like to propose that you change this ordinance to match the R-la district These barns
also help to keep the land from looking like a junk yard by storing many items inside. I own
approximately 35 acres of land and would like to be able to store my equipment out of site and the
weather. I have 5 trailers,5 snowmobiles,a tractor,a dump truck,a plow truck,a bobcat,2 boats,a
camper,and many misc.construction equipment. With out this pole barn much of my equipment has to
• sit outside,besides being damaged by the weather,also being an eyesore. I propose to build this pole barn
in an area where only a few people will be able to see it. I have spoken with most of my neighbors who
will be able to see the building and they don't have a problem with it. This building will only be seen by 5
people besides myself. I also propose to build this in an area which will not be suitable for housing in the
future. The granting of a variance would not harm anyone,nor would it be an eyesore,nor either would it
be out of place as I have 35 acres. I meet all 5 of the criteria requested in the application. As far as the
metal structure,the soils are not suitable for a conventional"stick frame"structure,it is standard practice
to build them pole style.
Sincerely,
"7 .r L
Timothy A. mith
•