4.5. BASR 08-26-1997 Item# 4.5.
ity of MEMORANDUM
Elk MEMORANDUM
•
River TO: Board of Adjustments
FROM: Scott Harlicker, Planning Assistan'q4.
DATE: August 26, 1997
SUBJECT: Request by Barry Brooks for Variance,
Public Hearing Case No. V 97-10
Request
Consider a request by Barry Brooks for a variance to allow more than 2
detached accessory structures and to exceed the maximum square feet
allowed for accessory structures.
Location
• 19215 Tyler Avenue
Zoning/Land use
R1a (Single Family Residential) / LR (Low Density Residential)
Attachments
• Location map
• Site plan
• Letter from applicant
Overview
Barry Brooks is requesting variances to allow the construction of a
greenhouse. The variances requested are for more than 2 accessory structures
and to exceed the 3500 square feet allowed for accessory structures.
Even though the applicant considers the greenhouse a temporary structure,
the greenhouse is considered an accessory building because it will require a
building permit for construction. There are currently 3 detached accessory
• structures on the property, a barn, a garage and a small shed. The total area
of these structures is 3932 square feet. The maximum number of accessory
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD &Phone: (612)441-7420 • Fax: (612) 441-7425
Memo the Board of Adjustments/V 97-10
August 26, 1997
Page 2
• structures is 2 and the maximum allowed area for accessory structures is
3500 square feet. The proposed greenhouse is 60' X 30" (1800 s.£). Including
the proposed greenhouse there will be 5732 square feet of accessory building
area, exceeding the maximum square feet allowed by 2232 square feet.
An administrative subdivision was approved for this property in 1996. The
original parcel was about 10 acres; the administrative subdivision created a
2.5 acre parcel and this 7.17 acre parcel. The lot is hilly; it rises from the road
and then drops off towards the rear of the lot. The greenhouse will be located
on the high ground setback about 300 feet from the front property line. It
would not be visible from the 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.
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 has listed the following as reasons for granting the variance:
• Literal enforcement of the ordinance will cause undue hardship in that
the greenhouse is an essential component of their floriculture and
vegetable growing business. Without it the operation will not work.
• The hardship is caused by special conditions and circumstances which are
• peculiar to the property. The applicant states that because of the size of
\\elkriver\sys\shrdoc\planning\scott\v97-10.doc
Memo the Board of Adjustments/V 97-10
August 26, 1997
Page 3
• the parcel, even if the land was fully cultivated and intensively farmed,
they could not break even without the greenhouse.
• The literal application of the provisions of this ordinance would deprive
the petitioner of rights enjoyed by other properties. There are other
farming operations in the neighborhood, and to not grant the variance
would deprive them of the uses enjoyed by other properties in the area.
• The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction. They state that they were unaware of
the need for a variance and after discussions with the city they did not
believe that greenhouse would require a variance.
• The variance will not be injurious to or adversely affect the health, safety
or welfare of the residents of the City or the neighborhood in that it will
not be visible from the road, it will be well maintained and is similar to
the other agricultural related uses in the area.
Recommendation
The applicant is requesting a variance to exceed the maximum area allowed
• for accessory structures by 2232 square feet and the maximum number of
accessory structures allowed. He states that he needs the variances in order
to operate a profitable farming/floriculture business. If the Board should
decide that the variance should be granted, the following are offered as
findings in support of that determination:
1 LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT
THE APPLICANT NEEDS THE GREENHOUSE TO HAVE A SUCCESSFUL OPERATION.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH
ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO,
OTHER LANDS IN THE SAME AREA. BECAUSE THE SIZE OF THE LOT IS SUCH THAT THE
APPLICANT COULD NOT BREAK EVEN WITHOUT THE GREENHOUSE
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.THERE ARE OTHER AGRICULTURAL USES IN
THE AREA,
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE
PETITIONER'S OWN ACTION OR INACTION.THE APPLICANT BOUGHT THE PROPERTY
BELIEVING THAT NO VARIANCE WOULD BE NEEDED FOR THE GREENHOUSE.
5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH,
111 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
\\elkriver\sys\shrdoc\planning\scott\v97-10.doc
Memo the Board of Adjustments/V 97-10
August 26, 1997
Page 4
• ORDINANCE.THE GREENHOUSE SHOULD NOT BE VISIBLE FROM THE ROAD AND
WOULD NOT BE OUT OF CHARACTER WITH THE NEIGHBORHOOD.
•
•
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ElK_ ,t River
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Chairman and Members of the Board of Adjustments,
This is a request for variance of greenhouse construction at 19215 Tyler Street,
Elk River, MN, 55330.
As a prologue, let us provide some background information to the Board of
Adjustments of activities and conversations conducted prior to our purchase of this
property.
First, we looked at many farms in several counties over a period of two years
before coming across 19215 Tyler. This approximately 7 1/2 acre farm seemed ideal
for us to continue to expand our floriculture and vegetable growing operations. Please
note that we do not conduct on-site sales but contract or cater to Farmers Markets,
Bachmans, Lunds, Twin City Produce, and other off-site firms. At the very end of the
growing season we may have pumpkins and corn shocks for short-term on-site sales.
Next, prior to purchase, our Realtor, Al Cooper of Burnet Realty assured us it
was properly zoned for farm operations since our predecessors ran a truck farm
operation with on-site sales and also boarded horses. Our own conversations with the
IDElk River city offices assured us that this property was zoned for nursery operations.
Based on those conversations we felt assured that our vision of a farm operation was
permitted. We then made the decision to purchase this property.
Therefore, we respectfully request variance based on the following five factors.
1. Denial of variances would cause bankruptcy since the greenhouse
will become a major revenue producer for the farm. We sold a property after moving
the bulk of our perennial plant stocks in order to gain the financing for this new
purchase. Denial of variances will marginalize the farming operations to a point at
which we may not be able to meet mortgage payments, seed loans, and machinery
payments, in addition to insurance and improvements.
2. Denial of the greenhouse permit would reduce this farming operation
to normal outdoor season crop times instead of a ten-month floriculture greenhouse
business. Projections of our business plan indicate that 30% of our revenues will be
based on the greenhouse-dependent floriculture business. This 7 1/2 acres, even if
fully cultivated and intensively farmed is not projected to break even without the
• supporting floriculture operation.
3. This ordinance would deny us, the Petitioners, of rights enjoyed by the
crop and dairy farming neighbor in the immediate vicinity. Two houses away are
horse stables. An adjacent neighbor is raising beef cattle and also sells baled hay. A
second greenhouse operation is located in the neighborhood.
4. The special circumstances of this petition are not a consequence of
our own inaction. Indeed, our discussions with Elk River City Hall offices led us to
believe that variances would not be required and that only permits for certain other
things were necessary. We draw permits where necessary, such as electrical and gas
modifications, and for the burning of rotting wood from fallen sheds and other unused
and collapsed structures on the property. We have yet to complete the clearing of
such debris from areas that will eventually be planted.
5. The granting of this variance will not be injurious to or adversely affect
the health, safety or welfare of neighborhood residents. Indeed, it will contribute to the
beauty of flower gardens since crops started in the greenhouse are later planted out
to mature prior to harvest. This greenhouse, when completed, is a low, temporary
structure, totally in keeping with the adjacent farm buildings on 7 1/2 acres of
agricultural land. The greenhouse will be as well maintained as our living quarters
since deterioration will lead to massive floriculture crop losses through freezing in
winter or overheating in summer.
Therefore, we the Petitioners request the granting of variance for this
greenhouse construction. Thank you for your consideration.
Sincerely,
/7/
Barry L. Brooks
2 Enclosures
1. Site Plan
2. List of Adjacent Property Owners
•