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3.2. BASR 03-24-1998 Item# 3.2. of MEMORANDUM 11� River TO: Board of Adjustments FROM: Scott Harlicker, Planning Assistan is DATE: March 24, 1998 SUBJECT: Request by Edward & Cynthia Soltis for Variance, Public Hearing Case No. V 98-2 Request Consider a request by Edward and Cynthia Soltis for a variance to the maximum square footage allowed for accessory structures. Location 13909 227th Avenue, PID# 75-106-1205 and 75-106-1210 • Zoning/Land Use Al (Agricultural Conservation) /A (Agricultural) Attachments • Location map • Site plan • Letter from applicant Overview The Soltis' reside on a 16.68 acre parcel on the end of 227th Avenue. The property currently contains a house, attached garage and a 30' X 48' (1440s.f.) barn. There is also an outside riding area and fenced pastures. They are proposing to construct a 54' X 104' (5616 s.f.) riding arena. The proposed arena will be constructed where the existing outside arena is located. On a 16.68 acre parcel the maximum total square footage allowed for • accessory structures is 4500 square feet. Including the existing barn and 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 98-2 March 24, 1998 Page 2 attached garage, the Soltis' have 2115 square feet of accessory building area. • They are allowed 2385 additional square feet and still comply with the 4500 maximum square feet allowed. The applicants are proposing an additional 5616 square feet for a total of 7731 square feet, exceeding the maximum allowed by 3231 square feet. Variance Staff refers the Board 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. In their letter the applicants indicate the proposed building is the smallest size that could meet their needs. They will use the riding arena for year round training of their horses and to store their trailer and hay. It would provide protection from the weather during the winter and the mosquitoes, gnats and other insects during the summer. With a smaller building they would be able to store hay and the horse trailer but would not have enough room for riding and training. Because of the costs involved in owning horses and the breed of horses, they need to be trained all year long. The applicant claims the special conditions and circumstances which are peculiar to the property relate to the abundance of wetlands which provide breeding area for mosquitoes and other insects and make riding outside • \\elkriver\sys\shrdoc\planning\scott\v98-2.doc Memo to Board of Adjustments/V 98-2 March 24, 1998 Page 3 unbearable during certain times of the summer. These circumstances are not • a result of the applicant's actions. Because of the agricultural or hobby farm characteristics of the of area, an enclosed riding arena would not be out of place. However, the applicant might consider a more inconspicuous location for the arena. Since the proposed building is much larger than the house, if it is placed in the proposed location, it would appear to be the dominant building on the site. Recommendation The applicant is proposing a structure which by itself would exceed the maximum square footage allowed and would be the dominant structure on the site. The applicant has been asked to provide a floor plan for the proposed structure. An interior layout of the proposed building would aid in determining if the variance requested is the minimum needed to provide relief for the hardship, and help explain why a smaller arena would impose a hardship and not meet their needs. If the Board decides to grant this variance, the following findings are offered in support of that determination: • 1. Literal enforcement of the ordinance will cause unnecessary hardship in that the applicants will not be able to properly train their horses. 2. The hardship is caused by conditions unique to the property because of the abundance of wetlands and the severe winter weather. 3. Literal application of the ordinance would deprive the applicants of rights enjoyed by other properties in the same district in that there are other properties in the district with similar structures. 5. The variance would not be injurious or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is located. • If the Board decides to grant this variance, the following conditions should be included: 1. The two lots owned by the applicant, PID#' 75-106-1205 and 75-106-1210, be combined into one lot with a total acreage of approximately 16.68 acres. 2. The building should be setback behind the house. \\elkriver\sys\shrdoc\planning\scott\v98-2.doc 229tH e ■ VI V1 s%Nam 226tH . .s.IN. ' e It �N 227tH \' „ 226TH 2.25TM { 'fl 1 LOCATION 224TH � --- 1 h i 1.223RD \ / \\,! Al 222ND / �' \s--,, ® - 2.20114 219TH F I I t 216TH :: rilI 21 764 wilt ■ .0 ill Y .l / Jr, 216Th Ili.f t` z1eTH I �� ”- 214TH AtAby Ir:: I • .. .. 213 ,rm 1 _._1 ____- _ __. _ r -\_- __ ___.'': 212Th `� ' , " ii,,,, . ;zTtn, ! , " ; ,210TH ! I / i,! ,-\.,/ ---\.c. (-1 LOCATION N City of ' . a MAP River I3065 Orono Parkway • P.O. Box 490 CASE: 8 2 Elk River, 'IN 55330 _ t. J r 4 T Z r O Z !� J V ct Zb 1 NOV P2pPes XIS i iNG � it��.l.SG' fi N ILEHA- �0(6c , yyr Y 3' , 'i0 � sy J I011 J • g February 22, 1998 Letter of explanation for the variance of a proposed 54'x104'x14' riding arena by Edward and Cynthia Soltis at 13909 227th Ave. NW, Elk River, MN. We wish to construct a building that is large enough to allow indoor horseback riding. The proposed building is actually minimal for our needs, riding arenas typically start at 60'x120'x14' and up. This building would be used for our personal use and would not include any business use. The arena won't generate any noise or pollution, it will also not adversely affect the health, safety or welfare of any neighbors. It will also provide additional hay • storage space and inside parking for our horse trailer, thus protecting that investment. Our property is located in the far northwest corner of the Elk River city limits, about 1/2 mile from the Livonia township line. We are at the end of a dead-end road. It is a rural agricultural area, with the topology of the land and the trees being such that the proposed building would be really only visible to two neighbors, the Warfields and Ericksons. Due to the wooded nature of the Warfield's property, they would only be able to see the building as they enter and leave their driveway. Thus the proposed building would • have a very low impact on the surrounding area. We have discussed our plans with the Warfields and Ericksons, and they have no objection to the • building (see attached signed letter). There are several other properties with buildings that together total a similar square footage to that of ours if this proposed building was erected. Some of these include the properties located at: 13431 Meadowvale Road, 20460 Meadowvale Road, and 21480 Meadowvale Road. All of these properties are significantly closer to the downtown area of Elk River than we are. There wasn't any action or inaction taken by us which resulted in the situation where our proposed building requires the approval of a variance. • This building would enable us to use and enjoy our horses throughout the entire year rather than just during the few short months of warm weather we have in Minnesota. Considering the expense of owning horses, it only makes sense to be able to extend the riding season. During the winter months cold temperatures, snow and ice make horseback riding outdoors unsafe as well as uncomfortable. When spring finally arrives, much of the riding season must be spent conditioning and retraining the horses to get them back in shape after the long winter layoff. This would not be necessary with the use of an indoor arena to ride in during the winter. The land itself poses a hardship for our summer riding, in that the • abundance of low swampy areas nearby provide a large breeding area for mosquitoes, gnats and other insect pests. This makes outdoor ring work and riding unbearable at certain times of the year. An indoor arena would be a welcome sanctuary during particularly humid and buggy days. The majority of our horses are young stock which really need consistent, year-round training. This type of regular work is also essential for the older horses in order to effectively participate in trail rides, showing and endurance riding. A unique characteristic of our horses is the fact that they are Missouri • Fox Trotters, a gaited horse breed. Their smooth-riding flat-foot walk and foxtrot gaits are best performed on a smooth, level surface. An indoor riding arena would provide the proper conditions to train them year round. Thank you for your consideration. Edward Soltis/Cynthia Soltis February 22, 1998 Edward and Cynthia Soltis at 13909 227th Ave. NW, Elk River, MN have discussed their proposed plans to build an indoor riding arena of 54 feet wide by 104 feet long by 14 feet high. This riding arena would be placed within the location currently occupied by an outdoor riding arena. This document is to signify that the undersigned are aware of the proposed building and have no objections to it. eziA, • ems- ,G . MA/ 5-3-530 .2W- 7F5-3 "e#C ,/ #/e• _//7/7/2 •