4.1. BASR 05-09-2006 City of� Item #4.
• El
River
MEMORANDUM
TO: Board of Adjustments
FROM: Chris Leeseberg, Planner
DATE: May 9, 2006 �C
SUBJECT: Case No. V 06-03
Request by: Daniel Eiden is Requesting Side and Rear Yard
Setback Variance at 320 Morton Ave
Zoning: R4—Multiple Family Res. Land Use: OT—Old Town
Adjacent N—R4 Adjacent N - OT
Zoning: E—R4 Land Use: E- OT
S—R4 S - OT
• W—R1-C W- OT
60 Day Rule:Action must be taken on this request by May 26,2006
Recommendation
Staff is recommending the Board of Adjustments approve the request with minor changes to
what the applicant is requesting.
•
Planning Department Mission:the orderly development of a livable and sustainable Elk River community.
Case File:V 06-03
Page 2
Attachments
• • Cover Sheet
• Location Map
• Applicant's Narrative
• Existing Site Plan
• Preferred Garage Location Site Plan (Option 1)
• Alternate Garage Location Site Plan (Option 2)
Overview
The applicant currently has an approximately 360 square foot garage in the southeast corner
of the property. The east and south sides of the garage are located directly on the property
lines (zero lot line setbacks). The east foundation wall of the garage acts as a retaining wall
for the driveway of the hitching post apartments. The retaining wall is failing structurally
and the applicant wants to remove the garage and rebuild a new one.
The required setbacks for the subject property are 10-feet for both the side and rear yards.
The applicant is requesting a variance of 4-feet on the rear property line and 10-feet (a zero
lot line setback) on the side property line to construct a new 656 square foot garage.
Analysis
The current zoning of the property is R4 (Multi-Family Residential) which has side and rear
• yard setbacks of 10-feet. Typical single family zoned districts in the urban service areas have
side and rear yard setbacks of 5-feet. This property has at some time been zoned R4 (multi-
family residential) which requires 10-foot setbacks. If it were to have the typical single
family setbacks,it would require only one side yard variance of 2-feet (assuming the garage
were to be setback 3-feet as with Option 2).
The reason for the 10-foot variance to the south property line is that there is an existing
shared driveway along the south property line. If any setback were required,it would result
in the need to expand the existing driveway,which the applicant would rather not do. The
applicant would be willing to set the garage back 3-feet from the south property line if need
be,but would prefer to maintain the zero lot line setback as he currently has (Option 1).
Staff would recommend Option 2 with the garage setback 3-feet from the south property
line.
The reason for the 6-foot variance to the east property line is to keep the front of the garage
"behind" the existing sidewalk behind the house.
If the garage were required to maintain the 10-foot setbacks,it would result in the removal
of an existing sidewalk and stairs behind the house as well as require the expansion of the
existing driveway. It would also create a conflict with the exiting of vehicle from the garage
and the southeast corner of the house,resulting in the possibility of vehicles constantly
backing into the house.
•
S:\PLANNING\Case Files\2006\Variance\V 06-03 Eiden\V 06-03_BA.doc
Case File:V 06-03
Page 3
If this property had the typical zoning setbacks for a single family residential district as well
• as maintained the 3-foot setback (Option 2) from the side property line, only a two foot
variance would be required. But with the current setbacks,a 4-foot rear yard variance and a
7-foot side yard variance would be required and this is the option (Option 2) staff would
recommend for approval.
Variance Criteria
1. Literal enforcement of the ordinance will cause undue hardship.
Literal enforcement would cause undue hardship. If the setbacks were adhered to,it
would place the garage in an inaccessible position behind the house. It would also
require the removal of an existing sidewalk and stair case as well as require the expansion
of the existing driveway.
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 peculiar to the property. It is an older single family residence
in the urban service district. Single family zoned districts in the urban service areas have
side and rear yard setbacks of 5-feet. This property has at some time been zoned R4
(multi-family residential)which requires 10-foot setbacks. If it were to have the typical
single family setbacks,it would require only one side yard variance of 2-feet (with Option
• 2).
3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction.
They conditions are not a consequence of the applicants actions.
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.
The literal application would deprive the petitioner of rights. Literal application would
result in a garage that is inaccessible resulting in the depriving the right to have a garage
(which also is required by the City Ordinance).
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. The request will
result in larger setbacks than currently are in place.
•
S:\PLANNING\Case Files\2006\Variance\V 06-03 Eiden\V 06-03_BA.doc
Case File:V 06-03
Page 4
Recommendation
•
Staff recommends that the Board of Adjustments approve the request with the following
conditions:
1. A four (4) foot rear yard variance be allowed (Option 2).
2. A seven (7) foot side yard variance be allowed (Option 2).
411
•
S:\PLANNING\Case Files\2006\Variance\V 06-03 Eiden\V 06-03_BA.doc
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•. ' Location Map N
EA or
El
River Case Number: V 06-03 DANIEL EIDEN
-1— March 26,2006
• March 26,2006
City of Elk River Planning Commission
Dear City of Elk River Planning Commission:
SUBJECT: REQUEST FOR VARIANCE TO BUILD GARAGE
I would like to tear down my existing garage and build a new one in the same basic location except
moving it forward off the East property line 6 feet. The existing garage is right on the Southeast corner
lot lines of my lot and it was built before I purchased the property. The major reason for replacing it is to
correct a situation where the back wall(east wall)of my current garage is acting as a retaining wall for the
driveway to the Hitchin'Post Condominiums and is in need of replacement. I would also like to increase
the size of the garage.
It is my understanding that the current ordinances require that I have a 10 foot set back from my property
lines. Due to the size of my lot,the location of my house,and the existing driveway,I haven't any option
except to put the new garage on the south property line and only 6 feet off the East property line. As I
mentioned above,this is approximately the same location as the existing garage except moving it 6 feet off
of the East lot line.
The Hitchin'Post Condominiums have their garages approximately 4 feet off of our shared property line
and their driveway is right on the line. This is the major cause of the need to replace the garage. I share
the north property line with the McCartney's and they have an out building on this property line. My
north property line is shared with Shawna Smith and her driveway is on the property line adjacent to my
driveway.
• I believe I should be granted the variance for the following reasons:
1. The enforcement of this ordinance would cause me not to be able to replace the garage and I
would be without a garage..
2. The hardship is caused by the need to replace the original garage,which was existing when I
purchased the property and the east wall of it is collapsing.
3. This condition is caused by the Hitchin'Post Condominiums not being required to comply to the
same ordinance and I'm only correcting the situation.
4. The landowners on the 3 sides of my lot have not been required to comply to this ordinance
5. The variance will allow me to correct a situation that will improve the safety and welfare of the
residences of Elk River.
Thank you for your consideration on this matter,
Sincerely,
Daniel Eiden
•
320 MORTON AVENUE
ELK RIVER, MN 55330
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