4.1. BASR 05-25-1999 `\*.
`�
Item # 4. 1.
lrity of , MEMORANDUM IR
iverTO: Board of Adjustments
FROM: Scott Harlicker, Planning Assista �,Il
DATE: May 25, 1999
SUBJECT: Request by Brad Johnson for Variance,
Public Hearing Case No. V 99-4
Request
Consider a request by Brad Johnson for a 3 foot variance to the required 5
foot side yard setback and a 29 foot variance to the required 30 foot bluff
setback to rebuild a detached garage.
Location
4111 1209 Main Street
Zoning/Land Use
R1c (Single Family Residential) /MR (Medium Density Residential)
Attachments
• Location map
• Site plan
• Letter from applicant
Overview
The applicant is proposing to demolish an existing detached two car garage
and replace it with a detached two car garage. The proposed garage will be
setback about 2 feet from the side property line, same as the existing garage.
The proposed garage would be about 4 feet from the house and one foot from
the top of the bluff. The existing garage is 18'5" wide and 20 ` deep. The new
garage will be 20 feet wide and 29 feet deep. The extra deep garage is need to
provide storage space. The replacement garage will have the same setbacks
III from the side lot line and the top of the bluff as the existing garage. There
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 99-4
May 25, 1999
Page 2
• are other houses to north of the applicant's whose garages do not comply
with the setback requirements.
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.
The applicant claims the hardship is that the existing garage is in a state of
disrepair and needs to be replaced. The two vehicles he owns, a mini van and
a pick-up, will not fit in it. The house is setback 26 feet from the side property
line which limits the area to place the garage. There are structural reasons
and the applicant's need to access their back yard that prohibit attaching the
garage so the 5 foot setback could be met.
The literal application of the ordinance would deprive the applicant rights
enjoyed by other properties in the same district. Other houses in the area
have garages; in fact, the zoning code requires new single family homes have
a garage.
The hardship is not a result of the applicant's action. It is a result of the
placement of the house on the lot.
•
S:\PLANNING\SCOTT\V99-4.DOC
Memo to Board of Adjustments/V 99-4
May 25, 1999
Page 3
• The granting of this variance would not adversely affect the health, safety or
welfare of the residents.
Shoreline Management Ordinance
The Shoreline Ordinance was adopted after the applicant's house and garage
were constructed. The purpose of the ordinance is to preserve and enhance
the quality of surface waters, shorelines, and provide for the wise use of
regulated land use. The continuation of existing residential land use and the
associated accessory buildings can be considered wise use land use.
According to the Shoreline Management Ordinance, when considering a
variance request in shoreline areas, the Board shall also consider the
following:
1. Whether the property owner has reasonable use of the land without the
variance;
2. whether the property is used seasonally or year-round;
3. whether the variance is being requested solely on the basis of economic
• considerations; and
4. the characteristics of development on adjacent properties.
The zoning code requires a garage with new single family homes, which
implies an inherent need for a garage. It is staffs belief that a garage is
needed for reasonable use of this property.
The property is used year round.
The variance is not being requested solely on the basis of economic
considerations. The applicant, as well as most residents in single family
homes, have a need for a garage.
The proposed garage would be in character with the surrounding properties.
Recommendation
Staff recommends the Board of Adjustment grant this variance request to
the side yard and shoreline setbacks to allow a 1 foot setback from the bluff
and a 2 foot setback from the side yard setback based on the following
findings:
S:\PLANNING\SCOTTW99-4.DOC
Memo to Board of Adjustments/V 99-4
May 25, 1999
Page 4
• 1. Literal enforcement of the ordinance will cause undue hardship in that
the applicant will not be able to construct a garage.
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. Other properties in the district have
garages that do not comply with current setback requirements
4. The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction. The special conditions are a result of
the placement of the house on the property.
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.
• 6. The zoning code requires a garage with new single family. It is staffs
belief that a garage is needed for reasonable use of this property.
7. The variance is not being requested solely on the basis of economic
considerations. The applicant, as well as most residents in single family
homes, have a need for a garage.
8. The proposed garage would be in character with the surrounding
properties.
•
S:\PLANNING\SCOTTW99-4.DOC
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REV CLEARANCE: INT EXT TRS DATE: V.4_9/9? PROPRIETARY RIGHTS CLAUSE INTERLOCK
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SUBMITTED WITH INTERLOCK STRUCTURES INTLTM IS 3500 HOLLY LANE NORTH,SUITE 40,MINNEAPOLIS,MN 55447-1269
�/f c #',12 O� SCALE: SUBMITTED AS CONFIDENTAL INFORMATION AND Telephone:(612)551-3666
PART/TITLE: TOLERANCES: WRITTEN PERM SS ION. HIISDLEGEND WITHOUT
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MARKED ON ANY REPRODUCTIONS THEREOF IN DWG.NO. SHEET OF REV.NO.
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REV CLEARANCE: INT EXT TRS DATE: 3/ 77, PROPRIETARY RIGHTS CLAUSE •
DATE USR DLR REP VNR ENG / ,S R��K
DWG BY: THE INFORMATION AND DATA CONTAINED HEREIN IS
DWG FOR: CONFIDENTIAL AND IF GIVEN TO ANY ENTITY NOT
CKD BY: OTHERWISE HAVING A CONFIDENTAL RELA-
P-" //{� SCALE: SUBMIT WITH INTERLOCK STRUCTURES INTL IS 3500 HOLLY LANE NORTH,SUITE 40,MINNEAPOLIS,MN 55447-1269
SUBMITTED AS CONFIDENTAL INFORMATION AND Telephone:(612)551-3666
PART/TITLE: TOLERANCES: WRITTEN PERM SSION. TH SDLEGEND SHALLIBE 1-800-468-1497 FAX(612)551-3668
MARKED ON ANY REPRODUCTIONS THEREOF IN DWG.NO. SHEET OF REV.NO.
WHOLE OR IN PART.COPYRIGHT®
INTERLOCK STRUCTURES INTL',
March 28, 1999
•
City of Elk River
PO Box 490
Elk River, MN 55330
To Whom It May Concern:
Subject Variance Request
This letter is an explanation of why I am requesting a variance to rebuild my existing garage within five
feet of the lot line. Currently,the garage on my property is within five feet of that line.
The reasons I am demolishing the existing garage and building a new garage is that the foundation of
the existing building is giving away and that the two automobiles I own do not fit in it I do not want to
attach the new garage to the house because this would cause me hardship in accessing the
south/west side of my property. This is due to the steep decline of the hill behind the garage. I would
like to build a garage that will fit my needs. My needs are to have a two-car garage. The existing
structure is a one and a half car garage. The problem with the size of the existing structure is that it is
neither wide enough, neither tall enough, nor long enough to fit my two vehicles. I own a pickup truck
and a mini van. The pickup truck is definitely too long and too high to fit. The mini van barely fits, in
length and height. The plan of the new garage shows that the western wall of the structure will be in
the exact place on the lot that the existing garage is on today. The added width and height to make it
a two-car garage would come from the space between the house and the existing garage as it stands
today. After the new garage is constructed,there would remain enough space between the house and
the garage to access the back yard and the river. Without leaving this walkway, I would not easily be
• able to access the back yard from the west side of my property.This is due to the steep decline of the
hill behind the garage.
Sincerely,
Bradley R.Johnson
•