4.1. BASR 11-26-2002 • Item #4.I
City of
Elk.
River
MEMORANDUM
TO: Board of Adjustments
FROM: Chris Leeseberg, Planner
DATE: November 26, 2002
SUBJECT: Case No. V 02-08
Request by Lou & Pat for a front Yard Setback Variance.
Request
The applicant requests that a variance be granted to allow construction of a detached garage
• within the 35-foot Front Yard Setback.The two front yard setbacks would be reduced to 23-
feet and 18-feet respectively.
Attachments
• Location Map
• Applicant's Narrative
• Site Plans
• Aerial Photo
• Photos of Subject Property
• Alternate Option A
Location
19796 Lowell Street NW(corner of Lowell Street& 198th Avenue)
Lot-7 Block-7 Brentwood Addition
Zoning/Land Use
R1a, Single Family Residential/LR,Low Density Residential
•
Memo to Board of Adjustments
November 26,2002
Page 2
• Existing Conditions
The subject property is approximately 1.3 acres in area and is heavily wooded. The lot is a
rectangular lot with approximately one-third of the eastern side cleared which contains the
existing home,well and retaining walls. The property is a corner lot,which has two front
property lines,which further restricts the "side" of the house.
Because of heavy vegetation the home is not visible from any neighboring homes. With the
applicant's proposal or with Option A, sight lines for vehicular traffic will not be impeded.
Overview
As was stated by the applicant's narrative,they would like to construct the garage within the
two front yard setbacks. The garage will be used to store their belongings, out of site,which
helps maintain curb appeal. They do want to maintain the rhythm of roof lines they
currently have on the house. Also,turning the garage should minimize the amount of fill
needed to build up the driveway to the garage.
To construct the garage behind the house would require a great deal of tree removal.
Placing the garage as shown in Alternate Option A will still require a variance.
Encroaching into either setback will not be visually noticeable, as there is no visible
411 relationship to neighboring buildings.
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 ordina xewill cause undue ha hip.
Literal enforcement would make the applicant have to remove a significant amount of
trees or not allow the applicant to build the size of garage they desire.
2. The hardship is caused by special conditions and cirrznnstances,which are peculiar to the properly and
the structure inzalzal and zehrch are not characteristic of or applicable to,other lands or structure in the
same area.
The site is heavily wooded. The house was placed close to the road to minimize the
impact of tree removal. The location of the well restricts how close the garage can be to
the house. The property is a corner lot,which has two front property lines,which
further restricts the "side" of the house.
•
S:\PLANNING\Case Files\V 02-08 Perd\V02-08.DOC
Memo to Board of Adjustments
November 26,2002
Page 3
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
With significant tree removal,the applicant would not be deprived of right enjoyed by
others.
4. The special conditions and circumstances are not a wnsequence of the petitioner's ozen action or inaction.
Although the homeowner is responsible to make sure the design/purchase of a home
will fit their needs currently as well as for the future,the extent of trees and location of
the well limit the areas to be used to construct a garage or to add on to the existing
garage.
5. The varumcewill not be injurious to or adrersely affect the health,safety orzeelfare of the residents of the
city or the neighborhooel ubere the property is located and will be in keepingwith spirit and intent of the
orzlinaruz
The request would not adversely impact other properties in the vicinity.
Recommendation
A variance will be required either with the applicant's proposal or with Option A. Neither
option will adversely affect the health, safety or welfare of the residents of the city or the
neighborhood. Staff recommends that Board of Adjustments approve reduction of the
front yard setbacks from 35-feet to 23-feet on the Lowell Street side and from 35-feet to 18-
feet on the 198th Avenue side.
S:\PLANNING\Case Files\V 02-08 Pertl\V02-08.DOC
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Eil*.,River Case Number: V 02-08 PAT & LOU PERTL
A
ArM1r
We, Pat and Lou Pertl are requesting permission to construct a 2 and 1/2 car de-
tached garage on our lot at 19796
Lowell St NW Elk River MN. 55330.
To construct a 2 and 1/2 car garage with out a variance would require us to place
the garage about 1`OO feet down hill from the house , making access very difficult
and in the middle of mature oak trees due to the terrain and septic field thus de-
stroying a large number of these trees .
The variance we are requesting ( See attachment B )would keep the new garage
at a similar elevation as the existing garage thus maximizing the convenience of
its usage,be similar in style to the existing garage, set on a angle to enhance the
curb appeal, no trees would have to removed and we would have enough space
to store everything under roof thus keeping with high standards of our neighbor-
hood.
•
ATTACHMENT C
A.
The maximum size garage we could build without a variance is single car garage and would be located 15 feet
from the house,do to well,and would be:
1. At a lower elevation than the existing garage.
2. The roof styles would not match(single vs double)
3. Would not be large enough to house two vehicles,a boat and trailer,patio furniture,garbage containers
etc;thus some thing would have to stand out side
B.
The rest of the lot is down hill from the house and covered with mature oak trees,thus not a suitable place for
a garage because it would require the removal of a lot of the mature oaks and be very inconvenient to use.
C.
Even with 1.3 acre lot we do not have another place to put the garage(look at B above)
• D.
The topography of the land is rolling hills sloping down hill covered with mature oaks.
E.
The variance will not obstruct a persons view at the stop sign at 198th and Lowell st.
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