4.1. BASR 05-25-2004 • Item # 4.1
City of
Elk -�-1
River
MEMORANDUM
TO: Board of Adjustments
FROM: Scott Harlicker, Senior Planne
DATE: May 25, 2004
SUBJECT: V 04-03
Request by Mark and Diane Olson for Variance to the Front
Yard Setback
• Request
Consider a request by Mark and Diane Olson for a 16 foot variance to the front yard setback
to allow a front yard setback of 19 feet.
Location
18778 Yankton Street
Zoning/ Land Use
Rib (Single Family Residential) / MR (Medium Density Residential)
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be
taken on this request by June 25, 2004
Attachments
• Location Map
• Site Plan
• • Letter from Applicant
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= TOPOGRAPHY & SITE PLAN John Oliver & Associates, Inc.
DATE: 04/06/2004 No DATE DESCRIPTION
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Civi!Engineering,Land Surveying,Land Planning BK/PC: 04/06/04 SHOW EXISTING & PROPOSED FOUNDATION
FOR HOME RECONSTRUCTION 1580 Dodge Avenue DRAWN BY: SAS 2 04/13/04 SHOW ALTERNATE ONE-STORY
o Elk River, Minnesota 55330 CHECKED BY: BTB
-n - 763-441-2072 FAX 763-441-5665
- DWG: 7043-to-1o2.dW4
Offices in: Elk Diller, Burnsville
MARK OLSON and Brooklyn Center, Minnesota TEXT:
FILE NO.: 7043-10-102
April 19, 2004
Mark and Diane Olson
18778 Yankton Street NW
Elk River, MN 55330
Subject. Variance Request
To Whom It May Concern'
We have lived in the City of Elk River at this location since 1990, On October 18, 2003,
our house was destroyed by tire When applying for a building permit it was noted by the
building department that part of the foundation that our house was built upon in 1990 was
lying within the set back area (see site plan) in that year(3990) we obtained a building
permit that was okay'd by the City of Elk River and the DNR In 1995, we built an
addition that was 54 feet X 42 feet, At both times when these buildings were erected, we
were given a permit. Now that the fire has created a total loss of our home, we would
like to rebuild on the same tbundation with the exception of an additional foundation area
that is marked -proposed- on the site plan
If we were to eliminate the area that is in the 30 foot set hack, it would cause us to shift
the foundation to more of a parallel position with the existing foundation, thus causing
the foundation to lie within river area set back. In addition, the northern most part of the
foundation would block the river view from the house that is next door on lots 1, 2, and 3
of the site plan.
Since the fire, we have gone through extreme hardship to get this project to move
forward. We have hired an architect firm to redraw a new house plan at a great expense.
If the existing foundation that lies in the set back area was to be eliminated, it would
make our building site non-feasible and we would perhaps have to relocate to a different
property
In 1995, when we built the addition(the 54 x 42)the City of Elk River mandated that we
get a topography of the land where the building site is located This expense cost us more
than $4000,00 At that time of survey, we had the existing road location marked in
reference to the proper location on the Yankton Street right-away (see site plan).
Yankton Street will never be upgraded to city requirements. The existing road has been
in the present location since the I9o0-s If the road was ever to be put into the proper
location, many of the residents that live on the street would object.
Due to the cost of rebuilding of our home as it was and the amount that the insurance paid
we will not be able to build a two story home like we had. This is why we need to add
onto the existing foundation 12' X 42' to the south and the 14- X 47' to the north This
will give us enough space to maintain somewhat of what we had lost.
In closing. I would like to share what has happened. One day a tragedy happened to us.
11, e found that an insurance company owned all of our personal belongings and our
home. From the time of the fire we have had to prove exactly what we had and how
much money it would cost to replace. We have documented 13,588 items and have had
to price them out indisidually We have had new blueprints drawn of the house at a cost
of$10.000 00 and also have priced out construction costs. To date, we have close to
S19.000 00 invested into this rebuilding project.
I went to the City of Elk River to get a building permit and was denied due to the part
that lies in the set back area. I do not want to relocate to another location. This would be
an extreme hardship to me and especially to my family. I have net every requirement in
the past to build on this site Just because we lost our home to a fire should not be a
reason to lose it forever. We have many memories here and many more to make.
Pictures
I This is the actual tbotage from the foundation to the road.
2. Red line shows where the set back line is located
3 Same as number 2
4 Shows adjacent property to the southwest
5. Shows property owner to the south
6 Blue line is the proposed 14* X 47' foundation needed to achieve proper roof and
space without having a second story, Red line shows if I had to turn foundation to
meet setback from the road but in doing so would put me in the setback from the
river.
• 7 Post indicates corner (#6)
8. Same as #1
If you have any questions please feel free to ask me on the night of your meeting.
Sincerely.
Mark D Olson Diane J. Olson
A--"/
3,7
Enclosed:
Six -topography and site plans
Six - compliance inspection form for septic system
Six - picture sets(8 photos total in each set)
One— CD Rom with the 8 pictures
Property owner labels within 350 feet
Legal descriptions of property owners within 350 feet
Certified des ations of block foundation dated 10/12/1994
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Memo to Board of Adjustments/V 04-03
May 25,2004
Page 2
• Pictures of Property
Overview
The property is located on Yankton Street with shoreline along the Elk River. Since the
property is along the Elk River,it is included in the Shoreline District and subject to a 100
foot shoreline setback. The required front yard setback is 35 feet.
In October 2003 the applicant's house was destroyed by fire. The front yard setback for that
house ranged from 30 feet to 19 feet. The original structure was setback 19 feet from the
front property line. In 1995 the applicant received a building permit to construct a large
addition to the original house. The City approved a 30 foot front yard setback for the
addition. The home complied with the 100 foot shoreline setback. The applicant is also
proposing two small additions as part of their rebuilding plans; the rear addition to the house
complies with setback requirements;the addition to the south end of the house is proposed
to be at the same setback as the existing foundation (30ft.).
The applicant would like rebuild on the existing foundation.
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.
In 1995,when they applied for the building permit for the addition, the applicant
received written approval from the city for the 30 foot front yard setback. Requiring
them to dig up the old foundation and replace it 5 feet further back would force the
house to encroach into the shoreline setback,require additional fill and removal of a
terraced and landscaped patio. By moving the house closer to the river the neighbor's
view of the river would be affected. Literal enforcement of the ordinance would 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.
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 fact that the house was destroyed by
fire and the previously approved 30' setback are unique to this property.
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.
Other residences in this area encroach into the front yard setback
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Case Number: V 04-03 MARK/DIANE OLSON