4.1. BASR 09-28-1999 1
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city of Item # 4.1.
MEMORANDUM
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ElkRiver TO: Board of Adjustments
FROM: Scott Harlicker, Senior Planner
DATE: September 28, 1999
SUBJECT: Variance Request by Scott & Kathy
Thompson, Public Hearing Case
No. V 99-12
Request
Consider a request by Scott and Kathy Thompson for a variance to the 150
foot shoreline setback to allow construction of a house.
Location
III The property is located at 12692 208th Avenue, Lot 12, Block 2, Greenhead
Acres 2nd Addition.
Zoning/Land Use
Rla (Single Family Residential) / LR (Low Density Residential)
Attachments
• Location map
• Site Plan
• Letter from applicant
Overview
Background
The Thompsons are requesting a 20 foot variance to the required 150 foot
setback from Pintail Pond. The variance would allow them to construct their
home 130 feet from the pond. Greenhead Acres 2nd Addition was granted final
plat approval in 1979; prior to the adoption of the shoreline ordinance. At the
IIItime Greenhead Acres 2nd Addition was platted there was no 150 foot setback
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 99-12
September 28, 1999
Page 2
• requirement, so not all of the lots were designed to accommodate such a large
setback from the pond. The applicants property was one of those lots not
designed to accommodate a 150 foot setback. Two neighboring lots have been
granted variances to the shoreline ordinance and one was constructed prior to
adoption of the shoreline ordinance.
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's hardship is that the lot was not designed to allow for a 150
setback from the pond. The house is placed so that it is setback the maximum
distance possible and still allow for the placement of the septic system. The
septic system will be located in front of the house. Because of the soil types
found on the lot, this is the only suitable location for the system. This limits
how far the house can be setback from the pond.
The conditions which are peculiar to the property include, soil types,
powerline easement, and the area of the lot which is part of Pintail Pond.
When these circumstances are combined it creates a situation that is
particular to this lot.
•
S:\PLANNING\SCOTT\V99-12.DOC
Memo to Board of Adjustments/V 99-12
September 28, 1999
Page 3
• The literal application of the ordinance would deprive the applicant rights
enjoyed by other properties in the same district. Other houses in the area do
not comply with the current shoreline setback requirement.
The special conditions and circumstances are a not a consequence of the
applicant's action or inaction. They are a result of the layout of the plat and
the adoption of the shoreline ordinance after the plat was approved.
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 property was
platted. 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 applicant would not have reasonable use of the property without the
granting of the variance. They would not be able to construct a house, which
is what the property was originally platted for.
The property will be used year round.
The variance is not being requested solely on the basis of economic
considerations. The variance will allow the applicant reasonable use of the
property.
• The proposed house would be in character with the surrounding properties.
S:\PLANNING\S COTT\V99-12.D O C
Memo to Board of Adjustments/V 99-12
September 28, 1999
Page 4
• Recommendation
Staff recommends the Board of Adjustment grant this variance request to the
shoreline setback to allow a 130 foot setback from Pintail Pond based on the
following findings:
1. Literal enforcement of the ordinance will cause undue hardship in that
the applicant would not be able to construct their house.
2. The hardship is caused by special conditions and circumstances that
are particular to the property and the structure involved which are not
characteristic of, or applicable to, other lands or structures in the same
area.
3. The literal application of the ordinance would deprive the petitioner of
rights enjoyed by other properties in the same district under the terms
of this ordinance. Other properties have houses that do not comply
with the 150 foot setback.
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 design of the lot and the approved plat.
5. The granting of 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
the spirit and intent of the ordinance.
6. The granting of the variance is needed for reasonable use of the
property.
7. The variance is not being requested solely on the basis of economic
considerations.
8. The proposed house would be in character with the surrounding
properties.
•
S:\PLANNING\SCOTTW99-12.DOC
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Elk River, MN 55330
• • •
N Lot Certificate for Scott and Kathy Thompson
Lot 12, Block 2, GREENHEAD 2ND ADDITION
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/ / w� I 11Being 10 feet in width and adjoining
/ I right-of-way lines, also being 10 feet in
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// °t _ E 310 00 -_ _ Top of Iron Pipe located at the most
/ 2 23 — northeasterly corner of Lot 12, Block 2,
of GREENHEAD 2ND ADDITION.
Elev. = 100.00
-- - ; , Elevations are assumed.
DATE: 5/25/99 I hereby certify that this plan was
BK/PG: prepared by me or under my direct
DRAWN BY: CJW supervision and that I am a duly h. BOGART, PEDERSON
CHECKED BY: DDP Registered Land Surveyor under the & ASSOCIATES, INC.
laws of the State- of Minnesota.
REVISIONS: le D 1
CL ENGINEERING
MAPPING
13076 FIRST STREET, BECKER, MN 55308
TEL: 612-261-2900 FAX: 612-261-2902
Signed: %G ��GL
DRAWING FILE: FILE NO.
Date: 147/79 Reg. No. 16095 thomphouse.dwq 99124. 1
•
August 24, 1999
RE: new construction home @ 12692 208th Ave., Elk River, Mn
Gentlemen,
We are asking to be allowed to build a home at the above address closer than the 150' setback
from Pintail Pond. The location we have is approximately 130'from the open water portion of
the pond. The house is 34' in width. The septic location is on the front side of the house which
makes the septic over 170' away from the pond. The septic location is the only sandy area on the
lot, the rest is a clay loam soil. We are unable to move the house any further away from the pond
because of having to meet the overhead power line easement in the front of our property. We
have had the surveyor's out to check out the distance between the pond and three of the
neighboring houses. The conclusion was our house setback will be the same distance or even
further than the neighboring houses from the pond.
This is a legal lot of record listed as buildable. We did not plat the lots in this development and
therefore did not create this situation ourselves. We have had the surveyors and some people
from the city out to our lot. They have all agreed we have chosen the best possible location for
our home which meets all requirements except the pond setback.
Thank you for considering this variance.
Scott and Kathy Thompson
• August 24, 1999
RE: new construction home @ 12692 208th Ave., Elk River, Mn
1. That the literal enforcement of the ordinance would cause undue (necessary, unavoidable,
extreme) hardship
This lot is a legal lot of record listed as buildable. It will cause extreme hardship
to have purchased a lot and now to find out we cannot build a house on it.
2. That the hardship caused by special conditions and circumstances which are peculiar to
the land and structure involved and which are not characteristic of or applicable to other
lands or structures in the same district.
We are dealing with modeled soil, power line easement, and the pond setback.
Also the septic area and the property line setback.
To meet all the existing requirements we will have to place the house within the
150' setback from the pond.
3. That 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 the
ordinance.
There are a number of homes in the area which are built within 150' of Pintail
Pond. We are assuming these houses were all given variances.
4. That the special conditions and circumstances are not a consequence of the petitioner's
own action or inaction.
We did not plat the lot, therefore, we did not create this situation.
5. That the variance will not be injurious to or adversely affect the health, safety or welfare
of the residents of the city or the neighborhood wherein the property is situated and will
be in keeping with the spirit and intent of the ordinance.
The septic, in the front of the house, by far exceeds the setback from the pond.
There is a huge drop off from the back of the house down to the pond. This area
will be kept natural, which will also rule out any fertilizers from being put on this
area. This will keep the pond chemical free.
S