4.1. BASR 10-22-2002 Item #4.
City oElk �
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MEMORANDUM
TO: Board of Adjustments
FROM: Chris Leeseberg, Planner&
DATE: October 22, 2002
SUBJECT: Case No. V 02-07
Request by Robert and Mary Lubrecht for a Rear Yard Setback
Variance.
Request
The applicant requests that a variance be granted to allow construction of a four-season
porch to be within the 30 foot Rear Yard Setback.The rear yard setback would be reduced
from 30-feet to 15-feet.
Attachments
• Location Map
• Applicant's Narrative
• Site Plans
• Aerial Photo
• Photos of Subject Property
Location
19758 Rush St. NW
Lot-2 Block-2, Ridgewood 2nd Addition
Zoning/Land Use
R1a, Single Family Residential / LR, Low Density Residential
Memo to Board of Adjustments
October 22,2002
Page 3
The petitioner bought the home in its existing condition, they had no input in the
location or design of the home. The house was built at a time that the property was not
regulated by the city.
5. The variance will not be injurious to or adversely affect the health,safety or welfare ofthe residents ofthe
city or the neighborhood where the property is located and will be in keeping with spirit and intent ofthe
ordinance.
The request would not adversely impact other properties in the vicinity.
Recommendation
It appears that the request meets the five criteria for granting a variance. Given there is
already a structure within the setback,approximately the same size as the proposed porch,
and the secluded nature of the structure,staff recommends that the Board of Adjustments
approve the variance to reduce the rear yard setback from 30-feet to 15-feet.
•
•
S:\PLANNING\Case Files\V 02-07 Lubrecht\V02-07.DOC
Memo to Board of Adjustments
October 22,2002
Page 2
Existing Conditions
The subject property is approximately one acre in area and is heavily wooded. The lot is a
long rectangular lot measuring on average 400 feet deep by 110 feet wide. The house is
setback to the rear of the property and,as currently placed,already encroaches within the 30-
foot setback. There is an existing deck, which is approximately the same size as the
proposed porch,that is entirely encroaching into the setback. This existing deck reflects the
setback distance that the applicant has requested. To the rear of the property is an outlot
which creates a buffer to neighboring properties. Because of heavy vegetation and the
distance the house is setback from the road,the home is secluded and the proposed porch
would not be visible from any neighboring homes.
Overview
As was stated by the applicant's narrative, the house was constructed in 1971, when this
development was within the township and during that time, the county regulated the
property. Now the property is within the city limits and the current zoning of the property
is R1a,which has a minimum lot size of 212 acres. The property is only about one acre in
size. It currently has greater restrictions,in setback distances,placed upon it than would a
one-acre lot in the R1b District,but even in the R1b District,a 15-foot rear yard setback is
not allowed.
Analysis
• In order to grant a variance from the literal interpretation of the ordinance,the following
five conditions must be met:
1. Literal enforcement of the ordinance will cause undue hardship.
Literal enforcement would not allow the applicant to build a four-season porch off the
rear of the house.
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.
The house was built before it was regulated by the city and it has a smaller lot size than is
allowed by the current zoning of the property. The house was also located on the site in
such a manner that would not allow for today's setbacks.
3. The literal application ofthe provisions ofthis ordinance would deprive the petitioner ofrights enjoyed by
other properties in the same district under the terms of this ordinance.
Other properties in the vicinity might have the ability to construct four-season porches.
4. The special conditions and circumstances are not a consequence ofthepetitioner's awn action orinaction.
•
S:\PLANNING\Case Files\V 02-07 Lubrecht\V02-07.DOC
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• The literal enforcement of the ordinance would cause undue hardship.
Enforcement of the current ordinance would not allow for any modest sized four
season porch.
• That the hardship is caused by special conditions and circumstances which are
peculiar to the land and the structure involved and which are not characteristic of
or applicable to other lands or structures in the same district.
The structure in question is located abnormally close to the rear of the property,
i.e. the property line, which in turn causes a hardship to the applicable addition.
• That the literal application of the provisions of the Ordinance would deprive the
applicant of rights enjoyed by other properties in the same district under the terms
of the Ordinance.
The four season porch would not be practical added to any other side of the
house. The east side is too close to the setbacks as well, is on a fairly steep slope with
many mature trees. The west side is where the bedrooms and a bathroom are located.
You would have to go through a bedroom or bathroom to get to an addition on that side.
The front or the south side is where the entrance, another side of a bedroom and the
garage is located. The hoped for location in the back or north side of the house is a
walkout where the family room is located. We would be unable to locate it on this side
• of the house where the setbacks are farther away as the septic line comes out of the house
in that location. Other property owners in the area are able to have their four season
porches in practical locations.
• That the special conditions and circumstances are not a consequence of the
petitioner's own action or inaction.
The house was built in 1971,we have owned the house since 1995 in its current
state and had no input on the design nor location of the house.
• That the variance will not be injurious to or adversely affect the health, safety, or
welfare of the City or the neighborhood wherein the property is situated and will
be in keeping with the spirit and intent of the Ordinance.
This variance for a four season porch will not in any way be injurious or affect the
health, safety or welfare to the City or neighborhood residents, and if the addition is built
will still be within the bounds of the property which is what the spirit and intent of the
ordinance set out to achieve. The adjoining lot in the back of the property is an outlot,
the back of the house is a walkout and as it slopes down the sides to the lower level is
barely visible to any neighbor.
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(This is not a survey)
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75-474-0220
BUYER NAME
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