4.3. BASR 04-27-1999 ��/ �\
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Item# 4.3.
iy of 1 MEMORANDUM
lk River TO: The Board of Adjustments
FROM: Stephen Wensman, Planner 5w
DATE: April 27, 1999
SUBJECT: Request by Mel Beaudry for a
Variance, Public Hearing
Case No. V 99-6
Request
Please consider a request by the applicant for a variance from the front yard
setback requirements.
Location
21333 York Street, Elk River (Lot 19, Block 1, Greenhead Acres Third
Addition).
• Zoning/Land Use
R1a ( Single Family Residential) / LR (Low Density Residential)
Attachments
• Location/zoning map
• Site plan
• Building permit site plan dated 12/11/98
• Letter from applicant
Overview
The applicant requests a variance from the front yard setback in order to
build his house closer to the street where the grade is at a higher elevation
to avoid constructing a more expensive septic system and more expensive
home. At present the lot contains a horse barn with a pasture in a lower
area, and trees on higher ground near the road. The applicant was required
by City Ordinance, Section 900.38(B), to submit a site plan showing the
proposed locations of other buildings prior to being given a building permit
IIIfor the horse barn. The applicant was fully informed of the setbacks.
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 99-6
April 27, 1999
Page 2
•
The city ordinance Section 900.38(B) reads as follows:
An application for a building permit shall be made to the
Building and Zoning Administrator on a form furnished by the
City. All building permit applications shall be accompanied
by a site plan drawn to scale showing the dimensions of the
lot to be built upon and the size and location of the
building and accessory buildings to be erected, off-street
parking and loading facilities and such other information as
may be deemed necessary by the Building and Zoning
Administrator to determine compliance with this and other
land use ordinances . No building permit shall be issued for
activity in conflict with the provisions of this Ordinance
except activity for which a variance has been granted in
accordance with Section 900 . 40 (5) . The Building and Zoning
Administrator shall issue a building permit only after
determining that the application and plans comply with the
provisions of this Ordinance, the State Building Code and
other applicable laws and ordinances .
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.
\\elkriver\sys\shrdoc\pl arming\stevewen\pcmmo\v99-6.doc
Memo to the Board of Adjustments/V 99-6
April 27, 1999
Page 3
• The applicant sites financial reasons and other non-conforming setbacks in
the neighborhood for justification of the variance (See the applicants attached
letter).
A) Staff recommends denial of the variance from the front yard setback,
because 3 of the 5 criteria for granting a variance cannot be met. The
reasons are as follows:
1. Staff believes that the Literal enforcement will not cause undo
(unnecessary, unavoidable, extreme) hardship. The applicant knew the
setbacks prior to building his horse barn and has the choice of setting the
house back from the road to conform with city ordinances
2. Staff believes that the hardship is not caused by special conditions and
circumstances which are peculiar to the property or structure involved
because the house can be built at the proper setbacks.
3. The applicant is correct that the literal application of the provisions of
this ordinance would deprive him of rights enjoyed by other properties in
the same district under the terms of this ordinance if the other properties
nearby are non-conforming in regards to setbacks.
4. Staff believes that there are no special conditions and circumstances and
that the need for a variance is a consequence of the petitioner's own action
or inaction the applicant has known the setbacks all along and provided
the city a site plan conforming to the setbacks. The applicant had an
opportunity to research the costs associated with the specific septic or
construction necessary to build his house.
5. Staff believes the variance will not be injurious to or adversely affect the
health, safety or welfare of the residents of the city or the neighborhood as
long as other structures are already non-conforming.
Recommendation
Staff recommends that the Board of Adjustments deny this request for a
variance from the front yard setbacks because the applicant cannot meet the
following 3 of the 5 required criteria for granting a variance:
1. Staff believes that the Literal enforcement will not cause undo
(unnecessary, unavoidable, extreme) hardship. The applicant knew the
setbacks prior to building his horse barn and has the choice of setting the
• house back from the road to conform with city ordinances
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-6.doc
Memo to the Board of Adjustments/V 99-6
April 27, 1999
Page 4
• 2. Staff believes that the hardship is not caused by special conditions and
circumstances which are peculiar to the property or structure involved
because the house can be built at the proper setbacks.
4. Staff believes that there are no special conditions and circumstances and
that the need for a variance is a consequence of the petitioner's own action
or inaction the applicant has known the setbacks all along and provided
the city with a site plan conforming to the setbacks. The applicant had an
opportunity to research the costs associated with the specific septic or
construction necessary to build his house.
411
•
\\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-6.doc
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TO: Board of Directors
• FROM: Mel& Jeanette Beaudry
RE: Variance Request for Lot 19, Block 1 Greenhead 3'd Addition
Thank you for considering the variance request for 35' set back at the above mentioned
property.
Due to the lay of this property, we feel very strongly that the variance that we are asking
for(15')would not be a detriment to the area, but rather a plus. For the following
reasons:
1. The land is high and buildable at the street, but drops off fast as you go back causing
an undue hardship for building the home 70' off the street.
2. Because of the set back requirement a standard septic system might not be feasible,
causing thousands of dollars in extra cost.
3. Because of the way the street is located, the home to the south would not line up with
our home if the set back requirement stays as is.
4. The home would be in much lower land, not allowing us to take full advantage of a
walk out basement.
5. If the 35' set back is allowed, we would still be approximately 50' back from the
street, keeping the home plenty far off the street.
6. By passing this variance you would not be adversely affecting the area because 2 of
the 3 homes on the end of this street are also less than the 50' set back required. The
development is built out, so you would not have to be concerned about setting a
precedence in the development with future homes being built.
I have included a letter signed by the neighbors immediately effected by this request
stating that they are in favor of the variance.
In closing we realize that the evidence of a hardship is not real strong, but by allowing the
variance you are maintaining the continuity of the neighborhood.
Yours truly,
• Mel Beaudry