4.1. BASR 03-23-1999 ,k_ei A
;4 tit Item# 4.1.
y of � MEMORANDUM
.1k River TO: The Board of Adjustments
FROM: Stephen Wensman, Planner
DATE: March 23, 1999
SUBJECT: Request by Gopher State Mini
Storage for a Building and Parking
Setback Variance, Public Hearing
Case No. V 99-2
Request
Please consider a request by the applicant for a variance from the building
and parking setbacks.
Location
Lot 5, Block 1, McChesney Industrial Park
Ill Zoning/Land Use
D. (Light Industrial) / LI (Light Industrial)
Attachments
• Location/zoning map
• Site plan
• Parking setback variance
• Building setback variance
• Applicant's letter
Overview
The applicant is applying for a conditional use permit to construct additional
mini-storage buildings in the I1 zoning district. In order to construct the
additional mini-storage building a variance from the building and parking
setbacks are needed. The configuration of the lot is such that the proposed
building extends beyond the setback line as the lot narrows. Furthermore, to
provide vehicular access around the new proposed building the driveway will
also require a variance.
•
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 99-2
March 23, 1999
Page 2
Setbacks Requirements
The back yard building setback in the I1 zoning district is 20 feet. The
parking setback is 10 feet from property lines.
Variance Request
To construct the building as proposed, the applicant is requesting up to a 5
foot variance, or roughly 192 square feet of variance from the building
setback along the rear property line adjacent the tracks.
To accommodate vehicular access around the proposed building, the applicant
is requesting a variance of 9 feet, or roughly 2,304 square feet of variance
from the parking setback along the railroad right-of-way.
Granting of 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.
Staff and the applicant believe the building variance is justified and that
literal enforcement of the ordinance will cause the applicant undo hardship
• because:
\\el kriver\sys\shrdoc\planning\stevewen\pcmmo\v99-2pc.doc
Memo to the Board of Adjustments/V 99-2
March 23, 1999
Page 3
1. Literal enforcement will cause undo hardship such that it would prohibit
the applicant from the best use of the site.
2. The hardship is caused by special conditions and circumstances which are
peculiar to the property and structure involved. The nature of a mini-
storage building is to be long and rectangular. The property is nearly
rectangular, however does not quite accommodate the geometry of the
building. About 1/3 of would cross the setback line.
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 properties have been developed
to the maximum potential, disallowing the variance would limit the
development potential of this site.
4. The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction. The location of the existing storage
buildings and the general building requirements of mini-storage allow for
little flexibility in the design or layout.
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 the
variance occurs adjacent the railroad property which in effect provides an
adequate buffer from the use of property.
Staff finds the larger parking variance more difficult to justify. If the
building was a one sided storage building, the parking would conform to the
ordinance. If the Board would like to grant the variance from the parking
setback, the following findings might be considered:
1. Literal enforcement will cause undo hardship such that it would prohibit
the applicant from the best use of the site and limit emergency access
around the building.
2. The hardship is caused by special conditions and circumstances which are
peculiar to the property and structure because of the need to accommodate
emergency vehicle access around the proposed building.
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 properties have been developed
to the maximum potential, disallowing the variance would limit the
development potential of this site.
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-2pc.doc
Memo to the Board of Adjustments/V 99-2
March 23, 1999
Page 4
• 4. The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction. The nature of the proposed mini-
storage is to be accessed from two sides and the access must accommodate
emergency vehicles.
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 the
variance occurs adjacent the railroad property which in effect provides an
adequate buffer from the use of property.
Recommendation
Staff recommends that the Board of Adjustments approve the request for a
variance from the back yard building setback based on the following findings:
1. LITERAL ENFORCEMENT WILL CAUSE UNDO HARDSHIP SUCH THAT IT
WOULD PROHIBIT THE APPLICANT FROM THE BEST USE OF THE SITE.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND
CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND
STRUCTURE INVOLVED. THE NATURE OF A MINI-STORAGE BUILDING IS
TO BE LONG AND RECTANGULAR. THE PROPERTY IS NEARLY
RECTANGULAR,HOWEVER DOES NOT QUITE ACCOMMODATE THE
GEOMETRY OF THE BUILDING.ABOUT 1/3 OF WOULD CROSS THE
SETBACK LINE.
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 PROPERTIES HAVE BEEN DEVELOPED TO THE
MAXIMUM POTENTIAL,DISALLOWING THE VARIANCE WOULD LIMIT THE
DEVELOPMENT POTENTIAL OF THIS SITE.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE
LOCATION OF THE EXISTING STORAGE BUILDINGS AND THE GENERAL
BUILDING REQUIREMENTS OF MINI-STORAGE ALLOW FOR LITTLE
FLEXIBILITY IN THE DESIGN OR LAYOUT.
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 THE VARIANCE OCCURS ADJACENT THE
RAILROAD PROPERTY WHICH IN EFFECT PROVIDES AN ADEQUATE
BUFFER FROM THE USE OF PROPERTY.
If the Board would like to grant the variance from the parking setback, the
following findings might be considered:
•
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-2pc.doc
Memo to the Board of Adjustments/V 99-2
March 23, 1999
Page 5
• 1. LITERAL ENFORCEMENT WILL CAUSE UNDO HARDSHIP SUCH THAT IT
WOULD PROHIBIT THE APPLICANT FROM THE BEST USE OF THE SITE
AND LIMIT EMERGENCY ACCESS AROUND THE BUILDING.
2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND
CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND
STRUCTURE BECAUSE OF THE NEED TO ACCOMMODATE EMERGENCY
VEHICLE ACCESS AROUND THE PROPOSED BUILDING.
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 PROPERTIES HAVE BEEN DEVELOPED TO THE
MAXIMUM POTENTIAL,DISALLOWING THE VARIANCE WOULD LIMIT THE
DEVELOPMENT POTENTIAL OF THIS SITE.
4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A
CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE
NATURE OF THE PROPOSED MINI-STORAGE IS TO BE ACCESSED FROM
TWO SIDES AND THE ACCESS MUST ACCOMMODATE EMERGENCY
VEHICLES.
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 THE VARIANCE OCCURS ADJACENT THE
RAILROAD PROPERTY WHICH IN EFFECT PROVIDES AN ADEQUATE
• BUFFER FROM THE USE OF PROPERTY.
•
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-2pc.doc
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February 22, 1999
Planning and Zoning
City of Elk River
13065 Orono Parkway
Elk River, MN 55330
Dear Sir:
The purpose of this letter is to request a variance for my new mini storage building to be located
15' from the Railroad property line,rather than the 20' normal setback. We would also like to
request a variance to locate the drive lane 1' from the railroad property line value rather than the
10' normal set back.
In so doing,this would provide a wider and safer driveway between the new and existing
buildings (24' rather than 19'), both for the customers to access their storage spaces better and
also for any emergency vehicles(i.e., fire trucks) in case they needed to get into that area.
• Since the property line is adjacent to the Railroad tracks and there is no potential for future
development in that area,I don't feel this would create any problems to allow this variance.
We will, of course, comply with any and all other conditions as required to be granted both our
Conditional Use Permit and the variance as requested.
Thank you very much for your consideration.
Sincerely,
0110.-4- filttiCt
Arnie Mach
Gopher State Mini Storage