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4.0. BASR 01-10-2006 Item # 4 . -Ij iik ity . River MEMORANDUM TO: Board of Adjustments FROM: Chris Leeseberg, Planner DATE: January 10, 2006 SUBJECT: Case No. V 05-07 Request by Hearthstone Builders for a Side Yard Variance Request The applicant is requesting a Side Yard Setback Variance to construct a deck to within 6-feet of the side property line. • Location 19669 Auburn Circle Zoning/ Land Use R1-C (Single Family Residential) / UR (Urban Residential) 60 Day Rule In order to comply with Minnesota Statute 15.99 (60 -Day Requirement), action must be taken on this request by January 28,2006 Attachments • Location Map • Applicants narrative • Site Plan • Site Images • Planning Department Mission:the orderly development of a livable and sustainable Elk River community. Planning Commission/V 05-07 January 10,2005 Page 2 Overview • Hearthstone Builders was contracted to design and build a home for Bill and Sharon Sandin at 19669 Auburn Circle. Their daughter built a home next door with the intent to provide aid to her parents. Mr. Sandin has a degenerative illness which will lead to the need for a wheelchair and/or a walker in the near future. Many provisions were made during the construction of the home to allow special access These include wide doors throughout the home,hard surface floors throughout, a large open living area and accessible baths with safety railings. The applicant desires two entrance/exit locations to provide a secondary exit point at street grade in case of an emergency as well as provide easier access for the daughter. A second accessible entry was provided at this location but site constraints limit what can be built. The steepness of the grade required an accessible platform,versus a sidewalk,where the second accessible entry was built. This platform encroaches on the side yard set back requirement by four feet. Enforcement of the ordinance would preclude Mr. Sandin a second access point to his home. The encroachment occurs on the side of the home shared with the daughter and also provides easier access for her. Analysis • The applicant is requesting a side yard setback variance for a deck that was built prior to a permit being issued. A deck permit was applied for but there was miscommunication between the applicant and the applicant's construction crew which resulted in the deck being constructed prior to the permit being issued. The only option that would not require a variance is a sidewalk which can be within 5-feet of the property line. This option would require the construction of a retaining wall to provide the proper grade to construct a side walk from the door to the front of the house. This obviously cannot be accomplished as the electrical meter,phone line,vent, air conditioning unit and gas meter are all located directly under the door. This would prohibit any retaining wall structures. The only solution to provide egress from the door on that side of the house is a deck structure that encroaches into the side yard setback four feet. The city allows this type of structure to encroach into the front yard setback as Section 30-795 states...An uncovered landing, stair, ramp or stoop may extend into the required setback a maximum distance of six feet, if the landing, stair, ramp or stoop has a floor no higher than the entrance floor of the building. Variance Criteria 1. Literal enforcement of the ordinance will cause undue hardship. • The hardship would be all of the electrical, data and HVAC equipment hook ups. S:\PLANNING\Case Files\2005\V 05-07 Hearthstone\V 05-07_BA.doc Planning Commission/V 05-07 January 10,2005 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. The special conditions are the electrical meter,phone line,vent,air conditioning unit and gas meter are all located directly under the door. Also the steepness of the grade contributes to the circumstances of the site. 3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The special conditions and circumstances are not a consequence of the owner's action or inaction. 4. 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. A secondary exit point at street grade cannot be provided without a variance. 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 Adjustments approve the request for a variance. • S:\PLANNING\Case Files\2005\V 05-07 Hearthstone\V 05-07_BA.doc fr ' 1 z C vy � Q M 0 D Q 198TH AVENUE 9 'a f tgg c3 n 197 H A SITE 2223 LL \ I # a � o I lit , ♦ � T .. os E .0 _P i c o GE ID ILL u) . ttk 44Pir ; i Lci5J 111111 o ridri Aakiti 1. TWO il c7) ♦ 4 _ � ORT HBOU1 D ____ �CROSS D0 ING rI) Ni:e.e- AllifeTriirlignirgig* I I I u� �� 440401024�� icy. j Q O -� . _ .. �■∎■�_ Ui) J,,,, Location Map N City of El River Case Number: V 05-07 HEARTHSTONE BUILDERS • Monday, November 28, 2005 Request for variance from side yard set back requirements at 19669 Auburn Circle. Hearthstone Builders was contracted to design and build a home for Bill and Sharon Sandia at 19669 Auburn Circle. We also contracted with their daughter Kara to build a home next door at 19655 Auburn Circle. Kara moved next to her parents with the intent to provide aid as they age. Mr. Sandia has degenerative illness, that will lead to the necessity for a wheelchair and/or a walker in the not distant future. Many provisions were made during the construction of the home to allow special access. These provisions include wide doors throughout the home. All hard sur P g face floors in the home. A large, open living and accessible baths with P en �g area, safety railings. Dual egress and access is desirable in any home for safety reasons. During the initial design of the home, provisions for a second special access, point was overlooked. By the time the designer pointed it out, the home was already substantially completed. Despite installin.g retaining walls, the steepness of the grade required an accessible platform on the bedroom side of the home where the second accessible entry was built. This platform • encroaches on the side yard set back requirement. Enforcement of the ordinance would preclude Mr. Sandin a second access point to his home. The design of the landing off of a deck in the front of the home is esthetically pleasing. Accessibility in the design of new homes is becoming more and more common, and there is a shortage of accessible homes in the area. Accessibility will only become more attractive as the population ages. The encroachment occurs on the side of the home contingent with the Sandins daughter Kara, and also provides easier access for her. Please consider allowing this variance to proceed. . NOTE: Verify all proposed graces ana dimensions with all actual final plans. i •;� � ,% Z� ' . . • \-1-(c-\ `',.r., A \R9 GRADING PLAN PER PRoject engineers. I \\.- 0 (no scale. 13' - ),>(� , ).1,. . 'i400 . 44, \ ' .4" \%.i. 12)009607 O L 1 gs�3(97 3 973)91.0.1 c --.. 740 \ - I\'" \ \o \ /i \ \ \e(0 s./2„.--- \1 -1 ' _ �, . ._.,....1"-1, ..r........j......_y:„.......... :...._.,:+1;75\ \ill. 4 •o., \,) • 3.0 7 S ¢'\o a1/s.o ��. r A �N 9g° 98.1,0 t ,o.o N \ o\ $ I ,��� 1-. 0,7t t.- '� l' *--1 9 8 980 Ar 914 S io, A ' I , . ,..... ...._. 7, "IC° i 1-1 . .. . 915 Qy- ?c-o _y7 7.01 _ `��``--.., 977 \\�= -'a I hereby certify that this survey was prepared y <, Z iii 3 97$ by me or under my direct supervision and that I am `?.3 � a duly Licensed Professional Land Surveyor under the , �.� • the laws of the State of Minnesota. 4Zf,N., ,J,p./-oo-/94,4.) Dated my 25, 2005 i2�C_- i BY �L Minnesota License NO. 12267 ' _ Malt I I. `v -.. ...i� r..4; ;"` - wr, ••t. 0 ' • _, -'','''.'tt x '`.:•.sue, ,, ,+,.�,. :'.` P_-. 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