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3.1. BASR 01-23-2001 Item # 3.1. City of Elk liver. MEMORANDUM TO: Board of Adjustments FROM: Scott Harlicker, Senior Planne DATE: January 23, 2001 SUBJECT: Case No. V 01-01 Request by Moldenhauer Custom Homes for Variance Request Consider a variance request by Moldenhauer Custom Homes for a variance to the maximum driveway width of 30 feet at the front property line. • Location 17833 Concord Ct., Lot 13, Block 3, Mississippi Oaks 2nd Addition Zonin_q/Land Use R1d (Single Family Residential) / MR (Medium Density Residential) Attachments • Location map • Survey of property Overview The applicant is requesting an 8 foot variance to the maximum 30 foot driveway width in order to allow a 38 foot wide driveway. The approved survey of the property showed a drive that measured 30 feet wide at the property line. However, the applicant, at the request of the future homeowner, installed a driveway that is 38 feet wide, exceeding the 30 foot maximum width. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • TDD & Phone (763) 441-7420 • Fax (763)441-7425 Memo to Board of AdjustmentsN 01-01 January 23,2001 Page 2 • 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 has not provided any documentation showing how the literal enforcement of the ordinance will cause undue hardship. There are no special conditions and circumstances which are peculiar to the property and the structure involved that would justify the granting of the variance. The shape and size of the lot, and the location of the house on the property are very similar to other houses in the development. The literal application of the provisions of this ordinance would not deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. All the other residences have driveways that comply with the ordinance. The need for this variance is solely the consequence of the petitioner's action. The applicant has been building in Elk River for many years and should be aware of the driveway width requirements. Furthermore, the approved survey showed a driveway that complied with the maximum driveway width. The variance would be detrimental to the neighborhood in that over 1/3 of the front yard width would be paved, which is exactly why the maximum driveway • width was adopted. S:\PLANNING\S COTr\V0101.DOC Memo to Board of AdjustmentsN 01-01 January 23,2001 Page 3 • Recommendation Staff recommends the Board of Adjustment deny this request for a variance to the maximum driveway width based on the following findings: 1. Literal enforcement of the ordinance will not cause undue hardship. 2. There is no hardship nor are there any 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 not deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. There are no special conditions and circumstances. The need for this variance is solely a consequence of the petitioner's own action. 5. The variance would be detrimental to the neighborhood in that over 1/3 of the front yard width would be paved, which is exactly why the maximum driveway width was adopted. The variance is not in keeping with spirit and intent of the ordinance. • S:\PLANNING\SCOTTV0101.DOC I r•P,....-4 A111p1r l--ib., • caner, e o'grl 0 lrt 7 i''•►1 prA."'=TP P i pg biP0- 16 r' OA«- , ono .ialar, yansaain .,. ..z4„:41111,q. 010 1 . . . ... .,:, .... ORONO Q '.� . ,Ry e ` anliptftwore %I I .. k al IF I III 1,7=%? CAKE '� 1 �.� 11�II 4�' n-. .re •1O1° ' ■ - CrDrTD� li; I, ' I we m :EP .U Imo: .,i ;; PARK �� `��� 0 ��E i�_, r ,-rA .•./ T U.2 LOT 9 `' O ` ! � �1 f'iTYI``, IL`1'Ld" n._/ ,� :=:- .:-'':. « ROAD ,, ■ :`WOO sp.=I r: °� NTR; ■/wry ■ ORONO i,4•40,62.„,. r C'7 m1=:•fa, FAR p MAr10NE EL! • 0 litil litar 4 t. Dnr {�,ORONO .„tea .,.� ■' 211 �ir maw�°�-, y •Mill* � 1. J ' •.,.. Melte it as mar MI ' . m''''' ''' telk .0*. gil Win .,. al tit D!!4 0 yea an qua mai ©o �G�rikairriarafiebrP' OP ;4. 11111111111■-r,rim i.al witleirldo 3 al Mu :a el gli■,101 SOMM '� iii` v t .■ 1 , L ',a 3. 1 aj a-o%M 11 ,v. 4 'r8 i ice/ O ,z 7 ` �g NOM ��I;,� � ` O 4 ' ! % a Z Z Z } O Z cc 0 Z } O Y Q Z Z 0 Z cc 2 Z cc 0 5 a i 2 Q w 2 p O Z F 6 Z O O zaJ O N Z O g Y i U W o z 0 a o < u, a. F p cc/ LOCATION N City of �' • MAP ' ) • E1IRjver 13065 Orono Parkway •P.O. Box 490 CASE: V01-01 Elk River, MN 55330 e t i c a e ve _1 N Job No,s l O20 107'Rook/l�age; 2O7,�1 toldenhauer le: 1"=30' Date: 7/07/00 for: o Denotes iron pipe set with a plastic ; games a plug stamped BLS 13057 or 21729. Denotes iron pipe found HOUSE TYPE: FULL BASEMENT Drainage and Utility Easements are PROPOSED GARAGE FLOOR, Rt.:VATION =; 875,9 shown thus: II PROP. TOP OP FOUNDATION 0 GAR. 877.5 ___ .._ 15 51__— ._.__ I PROPOSED LOWEST FLOOR ELEVATION 869.5 o i o 1 881.511r Denotes Existing Elevation Denotes Surface Drainage (eQI,s1 Denotes Proposed Elevation Lath set ® Building Corners CO, N.W. VRT 0 TB�� TB,,? q „c - -° , '-0 A k ---„,_ ."" R=X80.00 =15°05'35" L�1Q0•10 '' .4' '. 8?2.$ g738 F-�' I S, 3o' • V QRS7r3/o U ,i, Eli il ,P r? 1 27.73 i a>^� 58,10^y_ — __' •a .5. 5 37 ^" ro 24[. i•7 ' TOP LA J •›)....--- 57 3.9 4 p0 1� � !"� Sop 1.P• I 4,4.) 1I m 12.67 ro 15 1�� i N� i p ( GAR. �lQ ..o CJ It1 PROPOSED �? ® 0 8,�6 HOUSE it 1` o 0 , I ' . ( 22. �n 1 r-� 1 +, Va �...IkL 3' l'° V gi 45 * X32 -- - _ r a � 9 ` A 1 100' BACK FROM ORDINARY 't 0 C ► 1 Hoyt WATER ELEVATION (860.0), l m b. I I _`' as s ,. 0 866 7 T CP3 DRAGE & 4 UT1LITY EASEMENT 11?IA V CAT€©} „r --rll 1 I -.- -8,80.°` CON .. --_ - ---- �+�.�. , 4 TO • (LC? EDGE OF WATER=858.1' ® _ �- jy'Io SISSIPPI RIVER , 1 100 YEAR FLOOD ELEV.=868.4 ' LOt 13, Block 3, MISSISSIPPI OAKS COND ADDITION, Sherburne County, Mn. l hereby certify that this survey, plan, Or report was prepared by me or under my direct supervision and that l am a duly{ Licensed Land Surveyor under the laws oft the state of Minnesota. I JdHN OLIVER & ASSOCIATES, INC. John 0/fret & Associates, Inc. com Snyin4erinp, Land Surveying, Land Planning f r 580 Dodge Avenue BY:: Rick M. Blom, Elk River, Minnesota $ Land Surveyor (612)441-2072 (F,4X)441-5665 Minnesota Registration No. 21729 201 t Tr, ei r38x D te: 7�1U�00 20f ilt: Travelers Trait, Suite 200 R v: 7/13/00 (drop gar.' 2 crs, revise rar grade ele .) 894-3049 1,o c` C(c)-(4- (—k c2 L I C N€ (Z Hardship 1.The homeowner wanted a curbed concrete three stall driveway that went straight down from the structure The homeowner has a total of 4 drivers in the family, so blocking cars would create a problem for those that live there. During the summer months the homeowner will have many guests who will need parking space. He is the owner of the Gasthof Zur Gemuetlichkeit, a German restaurant in North Minneapolis. He has many friends and has plans to entertain them so he needs all the additional parking he can get. 2.This house is over$600,000.00 in value, twice the value of any other house in the area. This driveway cost$10,000.00 dollars to build It seems reasonable that this is a one of a kind structure. 3.Not an issue 4.1 have to throw myself to your mercy because I was not aware of the 30 foot ordinance. The driveway is in place at this time and I must say it does enhance the house built there and should help to increase the value of other houses in the neighborhood 5.The lot that the house is on is 100.10 feet wide. It has the proper side setback. There • is no danger to anyone, actually with this type of straight driveway it is much safer to exit to the street below. • Do iJ TIA0 -743 _ x, - 2 265 (� � C � - g 4/ 7 /y