3.3. BASR 09-29-1998 ,-fir
Item# 3.3
S ity of MEMORANDUM
Elk Ri•
ver TO: Board of Adjustments
FROM: Stephen Wensman, Planner A
DATE: September 29, 1998
SUBJECT: Request by Michael McElhone
for a Variance, Public Hearing Case
No. V 98-8
Request
Consider a request by the applicant, Michael McElhone, for a variance from
the front yard building setback requirements for a corner lot.
Location
18931 Concord Street NW, Westwood Subdivision, Lot 9, Block 3, Parcel 33
• Zoning/Land Use
Rlc (Single Family Residential) /MR (Medium Density Residential)
Attachments
• Location map
• Site plan
• Letter from applicant
Overview
Several years ago 189th Avenue NW adjacent to Westwood Subdivision, lot 9
was removed and replaced with a bituminous walking path.
Years ago, the applicant purchased his house and three lots with the
intentions to sell lot 9 at a future date. The applicant has kept the lots
separate for tax purposes and paid sewer and water assessments on all the
lots to ensure the lot was sellable.
The applicant has a buyer for lot 9, however has discovered that 189th
Avenue is still considered a road for setback purposes and is having difficulty
•
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/V 98-6
July 28, 1998
Page 2
siting a home on the lot and conforming to the front yard setbacks for a
corner lot.
Zoning Ordinance
According to the Elk River Zoning Ordinance, the front yard setback
requirements shall be observed on each street side of a corner lot; provided,
however, the buildable width of a lot shall not be reduce to less than 30 feet.
The applicants buildable width of lot is 35 feet when conforming to the
setbacks. The difficulty is that there is no garage or driveway access from
the 189th Street right of way due to the walking path, so the garage and
entrance needs to be sited on Concord Street, the narrow street frontage.
Variance
Staff refers the Board of Adjustments to Section 900.40 of the City of Elk
River Code of Ordinances for the five standards to consider when reviewing a
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 feels the literal enforcement of the ordinance will cause him
undo hardship because:
1. Literal enforcement will cause undo financial hardship to the applicant
because lot 9 will be difficult to build on or sell without a variance which
s:\planning\stevewen\pcmmo\v98-8.doc
Memo to Board of Adjustments/V 98-6
July 28, 1998
Page 3
• applicant has been counting on for retirement. Furthermore, the applicant
has paid assessments on the lot to prepare for the eventual sale of the lot.
2. The hardship is caused by special conditions and circumstances which are
peculiar to the property. The property is only 75 feet wide and the
minimum width in the Ric zone is 80 feet. Furthermore, 189th Street has
become a pedestrian trail which wasn't the case when the lot was created.
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. Other residential properties in the
neighborhood are set closer to the road right of way and may have
received variances.
4. The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction because the City built the pedestrian
trail which has denied the applicant driveway access to 189th Street.
Furthermore, the lot was created with a 75 foot width which is less than
the Ric zone minimum lot width.
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 because 189th is
no longer used as a street, and the desired ten foot setback would allow
ample space between the pedestrian trail and the proposed house.
Recommendation
Staff recommends that the Board of Adjustments approve this request for a
variance from the front yard building setback requirements for a corner lot
based on the following findings:
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.
s:\planning\stevewen\pcmmo\v98-8.doc
Memo to Board of Adjustments/V 98-6
July 28, 1998
Page 4
• 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 BE IN
KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE.
•
•
s:\planning\stevewen\pcmmo\v98-8.doc
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APPLICANT'S LETTER
• Variance Request
(Addendum to Application)
Reason for Request:
There has been a change from road to walking path on South side of property. Request
minimum setback of 10 ft. for building purposes on this South side. 30 ft. Setback from
frontage of Concord will still be conformed to.
Letter of Explanation:
We purchased our home with the intent that the extra lot would some day be able to be
split off. When sewer and water came through, we paid all assessments, including those
on lot 9, again, to ensure the lot would be a separate buildable lot. We request the city to
permit a variance to allow this lot more room for building a home. We feel a 30 ft setback
would be a big hindrance to anyone building a normal size home there.
Answers to questions pertaining to item B on application are as follows:
B1) We would personally find undue financial hardship if we didn't get the variance
• because our future and retirement depend a great deal on the sale of this lot. We would
never have paid the extra lot assessment for sewer and water had we
thought it wouldn't have been a marketable lot.
B2) There are other homes in our neighborhood who do not meet the 30 ft setback and
we believe they have received variances.
B3) We do not believe this would affect anyone's use and enjoyment of their own
properties nor use of the walking path. We feel that this lot would blend in naturally to
the neighborhood if given the variance of 10 ft minimum set back on South side.
B4) The lot was developed and platted as a separate buildable lot , and has been treated
and assumed buildable to present by owners. We feel the walking path benefits this lots
and ask that it no longer be treated as a standard corner lot, but allow only Concord to
meet the 30 ft setback and South side to have 10 ft. setback.
B5) We can see no reason why there would be an adverse affect or harm to anyone living
near this lot.
Respectfully,
• Mike& Jan McElhone