4.0. BASR 11-09-2004 Item # 4.
City of
Elk
River
,MEMORANDUM
TO: Board of Adjustments
FROM: Scott Harlicker, Senior Plann ,
DATE: November 9, 2004
SUBJECT: Case No. V 04-08
Request by Vance Zehringer on behalf of Habitat for Humanity
for Variance
Request
Consider a request by Habitat for Humanity for a variance to the minimum lot size
requirement.
Location
The property is on the east side of Yale Street, south of 170th Avenue
Zoning/Land Use
R1a (Single Family Residential) / HB (Highway Business)
Attachments
• Location Map
• Survey of property
• Map of adjacent lot sizes
• Letter from applicant
60 Day Rule
In order to comply with Minnesota Statute 15.99 (60 -Day Requirement), action must be
taken on this request by December 20, 2004
Habitat for Humanity/V 04-08
November 9,2004 Page 2
• Proposed Project
The applicant is proposing to subdivide a 3.63 acre parcel into two lots. One lot will be .79
acres and the other will be 2.84 acres. The parcel is currently used as a mini-storage facility.
The mini-storage facility will remain on the 2.84 acre lot. The .79 acre lot will be used to
construct a single family home.
The variance request is one component of a project that includes the following multiple
applications:
• Variance Request for the .79 acre parcel
• Land Use Plan Amendment for the .79 acre parcel
• Zone Change for the .79 acre parcel
• Simple Plat
The variance to the lot size requirement is needed because the proposed zone change is
from C3 Highway Business to R1a Single Family Residential. The minimum lot size
requirement in the R1a District is 2.5 acres and the applicant is proposing a lot that is .79
acres.
Existing Conditions
The proposed lot will have 256 feet of frontage on Yale Street. The proposed lot slopes
down from a high pint of 894 feet on the west side to 878 feet on the east side. The lot is
wooded and contains no structures.
The adjacent land uses include a mini-storage and a day care to the north and east and single
family to the west and south. Adjacent zoning is C3 Highway Commercial to the north and
east and R1a Single Family Residential to the south and west.
The adjacent single family lots were platted as Mississippi Heights in 1976. None of the lots
in this subdivision comply with the 2.5 acre minimum lot size in effect today. Two of the
lots have been combined so that the combined lot exceeds 2.5 acres. There are 11 lots on the
same side of the street as the proposed lot, seven lots are smaller,three lots are about the
same size and one lot is larger. The lots on the opposite side of Yale Street exceed one acre
in size;however, the lots abut the Mississippi River and large sections of those lots are
floodplain or bluffs. The usable area of the river lots is less than one acre.
Analysis
Prior to granting a variance to the literal provisions of Chapter 30—Land Development
Regulations, the Board of Adjustments must consider the following criteria:
1. Literal enforcement of the ordinance will cause undue hardship.
•
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Habitat for Humanity/V 04-08
November 9,2004 Page 3
• 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 be in keeping with spirit and intent of the
ordinance.
Variance to the Minimum Lot Size
1. Literal enforcement of the ordinance will cause undue hardship.
Literal enforcement would not allow the applicant to subdivide the parcel and construct
a single family residence. If the 3.63 acre parcel was undeveloped, there would not be a
need for the variance. The applicant could create a 2.5 acre lot for the residence and
leave a 1.13 acre commercial lot.
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 proposed lot is similar in size to the other lots in Mississippi Heights However,what
is unique about this property is the fact that the it is currently part of a commercial lot
with limitations about how the lot can be subdivided. The existing building restricts how
the lot can be split and prevents the proposed lot from complying with the 2.5 acre
minimum lot size..
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.
The literal application of this ordinance would deprive the applicant of rights enjoyed by
other properties in this area. Other lots of similar size and dimensions have been
developed.
4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction.
The special circumstance unique to this property is the fact that the lot is part of an odd
shaped commercial lot with a building on it. Because of the existing building, the lot can
not be subdivided in a manner that will comply with the 2.5 acre minimum lot size
requirement.
•
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Habitat for Humanity/V 04-08
November 9,2004 Page 4
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 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 the Board of Adjustment grant the request for a variance to the 2.5
acre minimum lot size to allow a .79 acre lot with the following condition:
1. The applicant shall provide the City with test borings showing that there are
suitable locations for primary and secondary septic systems and a well.
•
•
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110 LLI
Sherburne County Habitat For Humanity
Buel mg our con;,==unm Serving All Of Sherburne County
OM'110feSt at a:IMP
October 22,2004
Elk River Planning Department
13065 Orono Parkway
Elk River,MN 55330
Subject: Lot Rezoning, Split,and Variance Request For Habitat For Humanity House
Habitat For Humanity is an ecumenical housing ministry dedicated to eliminating substandard housing
and homelessness. To date,we have built over 175,000 houses worldwide. We rely to a great extent,
on donations of land,building materials,and labor to provide safe,decent,housing to families who
otherwise could not afford one. The Sherburne County Chapter Habitat For Humanity was founded
in 2002 intent on building affordable housing in Sherburne County, one house at a time. To date,we
have only built one house. It is located in Livonia Township and was completed in 2003.
Since our founding,we have been looking for an affordable lot in Elk River. It seemed a hopeless task
as few leads always ended in land costs that placed it way beyond our reach! In September of this
year, our luck changed. Thiry and Jerry Minor of Elk River,offered to donate a very nice lot in Elk
River. It is in an area of modest homes,and it looks like a perfect fit for a Habitat house.
There are three changes that will be required before we can build a single family house on this lot.
The first is that it must be rezoned from C-3,highway commercial to R1-A, low density residential.
The lot in question is located behind Highway 10 commercial property with residential houses
• abutting to the south and across Yale Avenue to the west. This lot is too small and definitely not
suitable for commercial development.
The lot is part of a 3.63 acre commercial parcel which has no buildable land left other than the eight-
tenths acre that has been donated to Habitat For Humanity. Splitting the eight-tenths acre lot from the
3.63 acre commercial parcel and rezoning it for residential use is the best use for adjoining property
owners and for the City of Elk River.
We are also requesting that a variance be granted to allow HFH to build on this eight-tenths acre lot
where two and one-half acre lots are now required. When the abutting residential lots were developed,
one-half acre lots were considered acceptable for a private well and septic system. Indeed,existing
wells and septic systems of the houses in the immediate vicinity of this lot have functioned
satisfactorily without injuring or adversely affecting the health, safety or welfare of the residents of the
City or the neighborhood. It is our firm belief and that of our septic system consulting firm that soil
conditions,lot size,and gentle slope will support a healthy water supply and highly functional septic
system for many years. We are asking for the same consideration regarding lot size as adjoining
property owners were granted when they built their houses. We do not believe this is an unreasonable
or precedent setting request,because we are a charitable nonprofit organization asking for special
consideration,and this is the last buildable lot in the area that does not have access to City water and
sewer. We really need your support in this request to get our start toward affordable housing in Elk
River. Thanks in advance for supporting us in this endeavor.
Since ely,
Vance Zehrin r
Sherburne ounty Cha er Habitat For Humanity
554 Third Street,Suite 200, Elk River,MN 55330 Phone 763/241-9536 Fax 763/241-8454
y of
lk -�-1
River
13065 Orono Parkway
Elk River,MN 55330
November 2, 2004
File #824570J-0240
Mr. Scott Harlicker
Senior Planner
City of Elk River
13065 Orono Parkway
Elk River,MN 55330
RE: SUNRISE PARK ADDITION
Dear Mr.Harlicker:
• As requested,we have reviewed the proposed plat of Sunrise Park Addition. Based on our
review and comments received at the staff review meeting,we would offer the following
comments:
1. The plat of Sunrise Park proposes to create two lots out of one existing lot. The existing
lot is zoned C3 and contains the mini storage facility located along East Trunk Highway
10. The lot that would be created would be on Yale Street and is proposed to be
rezoned to R1a, a residential zoning. R1a is a Rural Residential zoning with a minimum
lot size of 2 i/ acres. The proposed lot to be created is only 0.79 acres,much less than
the minimum lot size. Therefore,it will require a variance for lot size. The proposed lot
is adjacent to lots within the Mississippi Heights Addition,which is a rural residential
subdivision platted in 1976. The four lots located immediately south of the proposed
new lot are actually only 0.55 acres in size. Therefore,the proposed substandard lot be
created is actually consistent in size with lots in the immediate area.
2. The proposed residential lot be created is relatively long and narrow with 256 feet of
frontage on Yale Street and a north lot line of only 86 feet in depth, and a south line with
a depth of 190 feet. The lot is wooded and has fairly severe topography,sloping from
Yale Street down towards the mini storage buildings located to the east.
Since this is a rural residential lot,there will need to be a well and septic system located
on the property. The septic system will need to identify a primary area and a secondary
• area, should the primary area fail. The site plan sketch shows the primary and secondary
septic systems to be located parallel to a steep slope of approximately 15-20%. I would
Phone:763.635.1000
Fax:763.635.1090
www.ci.elk-river.mn.us
Sunrise Park/P 04-23
November 2,2004 Page 2
• recommend that if this variance and plat is approved,that it be conditioned upon a
septic system design including percolation tests by a certified designer proving that an
adequate on-site sewage disposal system can be built on this lot. The site plan should
also show the well location, given the small area of the total lot,to ensure that a site can
be identified and meet all of the required setbacks.
If you have any questions regarding these comments,please call.
Sincerely,
//
Terry J.Maurer,P.E.
City Engineer
•
•
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