3.1. BASR 07-22-1997 Item# 3.1.
Wty of MEMORANDUM
Elk Ri•
ver TO: Board of Adjustments
FROM: Scott Harlicker, Planning Assistan
DATE: July 22, 1997
SUBJECT: Request by Charles and Natalie
Johnson for Variance, Public Hearing
Case No. V 97-5
Request
Consider request by Charles and Natalie Johnson for a variance request to
allow a 25 foot high net along their side property line.
Location
14146 182nd Avenue, Lot 11, Block 3, Pinewood Subdivision.
Zoning/Land Use
Rlc (Single Family Residential) /MR (Medium Density Residential)
Attachments
• Location map
• Site plan
• Letter from applicant
Overview
The applicant's property is located along the fairway of one of the holes at
Pinewood golf course. Because of the proximity between the tee and the
green, golf balls are often hit into the applicant's yard. The applicant has
indicated that on average there are about 15 golf balls hit into their yard
every day. The applicant noted that they approached the owner of the golf
course, informed him of the problem and asked him to put up a net by the tee
to solve the problem. The owner stated that he would not be willing to do
this. The golf balls are causing damage to the house and present a safety
hazard for the applicant.
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 97-5
July 22, 1997
Page 2
s
The applicant approached the city and asked what would be required to
install the proposed net. They were informed that the net would be
considered a fence and was subject to the 8 foot height limitation. If they
wanted to go higher than 8 feet, a variance would be necessary.
The applicant is requesting that they be allowed to install a 25 foot high net
along the rear 80 feet of the west side property line.
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.
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 to allow a 25 foot high net along the west property line of the
applicant's property based on the following findings:
1 LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT
BY NOT ALLOWING THE 25 FOOT HIGH NET THE APPLICANT WILL CONTINUE TO
SUSTAIN PROPERTY DAMAGE AND RISK INJURY FROM GOLF BALLS.
•
s:\plan ning\scott\v97-5.doc
Memo to the Board of Adjustments/V 97-5
July 22, 1997
Page 3
• 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.
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.MANY OF THE NEIGHBORING PROPERTIES
DO NOT SUSTAIN THE AMOUNT PROPERTY DAMAGE NOR HAVE THE SAME RISK OF
INJURY FROM GOLF BALLS AS DOES THE APPLICANT.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE
PETITIONER'S OWN ACTION OR INACTION.THE DAMAGE CAUSED BY THE GOLF
BALLS AND RISK OF INJURY ARE NOT CAUSED BY ANYTHING THE APPLICANT DID OR
DID NOT DO.
5. 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.
It is also recommended that the granting of this variance have the following
condition:
1. IN ORDER TO MINIMIZE THE IMPACT ON THE ADJACENT PROPERTY,THE NET SHOULD
• BE REMOVED DURING THE WINTER OR WHEN THE GOLF COURSE IS NOT IN
OPERATION.
•
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13065 Orono Parkway • P.O. Box 490 CASE: v q74-• S'
Elk River, MN 55330
CERTIFICATE OF SURVEY
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•
If we cannot put up a golf ball net, we will continue to have damage done to our
property and live in fear while being outside. For some reason our lot and house is
right in the " line of fire " for these amateur golfers. We get an average of about fifteen
golf balls a day flying into our yard, some hitting the house. No one has been hurt yet,
but it is an accident waiting to happen. We cannot enjoy rrelaxing in our own yard, or
do yard work without constantly being on guard. We feel this is the only solution to the
problem, because Paul Krause will not put a net up near the tee. We have a lot of time
and money invested in our property and we have the right to enjoy it.
We wish we would have known something about golf or that someone would
have warned us about this potential hazard. All we can do now is to try to fix the
problem.
The posts will be constructed of four inch well casing. The casing would be six
feet in the ground, cemented in two feet diameter concrete. There would be four posts,
placed twenty feet apart. The golf ball net would be attached to the posts and would
be twenty five feet high.
• Sincerely,
#4.10
Natalie Johnson