4.1. BASR 10-28-2003 • Item #4.1
City of
Elk .�
River
MEMORANDUM
TO: Board of Adjustments
FROM: Chris Leeseberg, Planner Cc
DATE: October 28, 2002
SUBJECT: Case No. V 03-03
Request by Russ Marty for Variance to reduce the Front, Side
and Rear Yard Setbacks and the Parking Setback.
Request
• The applicant is requesting four variances:
1. Reduce the front yard setback from 25-feet to one foot.
2. Reduce the side yard setback from 30-feet to one foot.
3. Reduce the rear yard setback from 40-feet to one foot.
4. Reduce the parking setback from 10-feet to zero feet.
60-Day Rule
To comply with the 60-day rule,without an extension,this item needs action by November
21, 2003.
Attachments
• Location Map
• Applicant's Narrative
• Survey
• Site Plan
Location
345 Jackson Avenue
• Lot 1, Block 1 Hals Addition
Memo to Board of Adjustments
October 28,2003
Page 2
• Zoning/Land Use
C3,Highway Commercial/HB,Highway Business
Existing Conditions
The subject property is 38.60-feet wide at the narrowest point and 49.40-feet wide at the
widest point. It is approximately 200-feet long. It lies between Railroad Drive and the
Burlington Northern Railway and bounded on the east by Jackson Avenue.
The current zoning is C3 (Highway Commercial)which has the following setback
requirements:
Front...25-feet
Side...30-feet
Rear...40-feet
Given that the widest part of the property is 49-feet and applying the required front and rear
yard setbacks which together total 65-feet,there is no buildable property available anywhere
on the site without granting a variance.
Overview
• The applicant would like to add a 2,047 sqft addition to the west end of the existing building.
In order to accomplish this, a variance of some form or another will need to be granted. His
desire is to build the addition to the lot lines on the south (rear) and west (side).
The addition will help modernize the facility as well provide the additional space needed for
the growing business. The addition will help overcome health and safety concerns, as the
current building does not have any restrooms, so employees/customers have to run across
the street to utilize the service station's restroom facilities.
The current zoning of the property is C3,Highway Commercial. Staff feels that this zoning
classification is inappropriate for the property, as it does not have any highway frontage.
The lot might be more conducive to being zoned C1,Central Commercial,which utilizes
zero lot line setbacks, for both building and parking,which would allow this proposal to
happen without a variance.
Parking and Circulation
The proposed addition will require four additional parking stalls. The proposed layout
shows six additional stalls,however, none of the stalls meet the 10-foot set back from the
property line. In fact,three of the stalls overlap the property line and access is directly onto
the street with all six stalls.
The required amount of parking stalls for the footprint of the entire building, including the
• addition,would be 12 cars. Even without the proposed addition,the property does not have
S:\PLANNING\Case Files\2003\V 03-04 Marty\V 03-04.DOC
Memo to Board of Adjustments
October 28,2003
Page 3
• the capability of allowing that many parking stalls. A parking variance will need to be
granted to the 10-foot setback requirement as well as the required number of stalls.
In multifamily,commercial or industrial districts, no parking area, drive aisle or loading space
shall be located within ten feet of any property lines, except that zero lot line developments
(C1) may have parking that abuts the zero lot line property boundaries.
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 cause undue hardship, as it would not allow for any
expansions to help modernize the structure.
2. The hardship is causal by special conditions and circumstances,zzhich are peculiar to the property and
the structure irzzulzcel andzthich are not characteristic of or applicable to,other lands or structure in the
same area.
The special conditions are the narrowness of the property and that current zoning render
it unbuildable.
• 3. The literal application of the provisions of this ordinance would deprize the petitioner of rights enjoyed by
other properties in the same district under the teens of this ordinance
Literal enforcement would not allow any expansions to help modernize the structure.
4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction.
They are not a consequence of the petitioners own actions.
S. The variance zeill not he injurious to or adversely affect the health,safety orzeelfare of the residents of the
city or the neighl urhoad zeigere the property is located and will be in keeping with spirit and intent of the
ordinance
The request would not adversely impact other properties in the vicinity.
Recommendation
Staff recommends that Board of Adjustments approve the request by the applicant as it does
meet all five criteria needed to grant a variance.
•
S:\PLANNING\Case Files\2003\V 03-04 Marty\V 03-04.DOC
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