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4.1 BASR 05-24-2016Request for Action To Item Number Board of Adjustments 14.1 Agenda Section Meeting Date Prepared by Public Hearings May 24, 2016 Chris Leeseber , Senior Planner Item Description Reviewed by Daryl Hartman — 1302 5th Street NW Zack Carlton, Planning Manager ■ Front yard setback variance, Case No. V 16-03 Reviewed by Action Requested Approve, by motion, the front yard setback variance for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. and; with the- following condition: 1. The front yard setback shall be reduced to 20 feet on the 5th Street side of the subject property. Background/Discussion The property is located at the corner of 5th Street and Quinn Avenue and is zoned R-1 c Single Family Residential with setback as follows: Front: 30 feet (this property is a corner lot which has two front properties) Side: 10 feet Garage: 5 feet Rear: 20 feet The applicant is seeking a variance to construct an 8 foot wide covered porch within the 30 foot front yard setback. The 4th Street side of the house is setback approximately 28 feet from the property line. As proposed, the porch would encroach into the setback approximately 10 feet. There are 21 homes on the north side of 5th Street with front yard setbacks ranging from approximately 15'-56'. Eleven of the properties do not meet the 30 foot setback. The subject home appears to have a front yard setback of approximately 28 feet. The home directly to the east, across Quinn Avenue, appears to have a front yard setback of approximately 22 feet. The applicant owns the "lot" to the west. IteNE1E1 I NATURil All of staff s approximate dimensions are based on the city GIS system. Applicable Regulation (The applicant's responses are italicized with staff s notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The city attempts to maintain livability in an area, by local citizens enjoying their surroundings. The porch addition would add enjoyment to all who came by, just as our Christmas lighting brings joy to everyone in our area at Christmas time. This would be ayear-round spirit lifter. The intent of front yard setbacks is to provide a uniform/controlled look to the front of structures as well as not to impede sight lines. With .the various setbacks along the entire length of the north side of 5th street, many of the properties do not meet this intent. 2. Is consistent with the City of Elk River comprehensive plan. Ifyou walk through our neighborhood, you would see that we have a mixture of housing that over the years have all been upgraded, making this a pleasant, old neighborhood. The addition of the porch would add to the ambiance. Being an open porch, verses a three season porch, it would in no way obstruct anyone's view. You will find that this is consistent with the City of Elk River Comprehensive Plan. The comprehensive plan guides this property as Residential. The proposed use is consistent with the Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The only reason that thisporch will not meet city ordinance is because our home is 30 feet from our front property line, which is the limit. Otherw4se there would be no concerns. As stated earlier, visibility avill not be a problem for our neighbors because we are on a comer lot and own two city lots so there are not neighbors close by. The porch will look like it alsvayr belonged there. Adding a covered porch on a Victorian home is a reasonable use of the property. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and As mentioned earlier, our house was built in 1885, long before wide paved streets were constructed. At that time, homes and dirt roads were constructed without any real city planning. Because the home was built in 1885, it is not known what road right-of-ways, if any, existed, what setbacks, if any, were in place, and where the property line may have been. The circumstances that may have contributed to the current property conditions are not a consequence of the petitioners own action or inaction. 5. The variance, if granted, will not alter the essential character of the locality. Allowing us to build this porch will allow us to have a genuine old front porch, like many old houses were meant to have. Wle would love to be able to sit on our front porch, as we have dreamed of since we bought this house, and visit with neighbors. Wle know this addition would really add to the essential character of the N:\Departments\Community Development\Planning\Case Files\V\V 16-03 Hartman\Board of Adjustments\V 16-03 sr BOA 5-24-16.doc1 neighborhood. The character of the locale is one of varying front yard setback and approving a variance will not alter that character. Financial Impact None Statutory Review Period Per State Statute 15.99 the required 60 day review period ends on June 22, 2016. Council Meeting If denied, or an appeal is made by any interested party by June 3, 2016, this item will go to the June 20, 20165 City Council meeting. Attachments ■ Location Map ■ Applicants Narrative ■ Site Plan ■ Photos N:\Departments\Community Development\Planning\Case Files\V\V 16-03 1lartman\Board of Adjustments\N' 16-03 sr BOA 5-24-16.doc1 .tom •� '� " ! , rT jfJA• i ` f L O - i 4 • A sr yy 'r RECEIVED APR 2 2 2016 We are requesting that a variance be given to allow us to build an old Victorian style front porch onto our house, YA*h was built in 1885. 131) The city attempts to maintain livablility in an area, by local citizens enjoying their surroundings. The porch addition would add enjoyment to all who came by, just as our Christmas lighting brings joy to everyone in our area at Christmas time. This wouid be a year-round spirit lifter. 132) If you walk through our neighborhood, you would see that we have a mixture of housing that over the years have all been up graded,, making this a pleasant, old neighborhood. The addition of the porch would add to the ambiance- Being an open porch, verses a three season porch,, it would in no way obstruct anyone's view. You will find that this is consistent with the City of Elk River Comprehensive Plan. Cl) The only reason that this porch will not meet city ordinance is because our home is 30 feet from our front property line, which is the limit. Otherwise there would be no concerns. As stated earlier, visibility will not be a problem for our neighbors because we are on a comer lot and own two city lots so there are not neighbors close by. The porch will look like it always belonged there. C2) As mentioned earlier, our house was built in 1885, long before wide paved streets were constructed. At that time, homes and dirt roads were constructed without any real city planning. C3) Allowing us to build this porch will allow us to have a genuine old front porch, like many old houses were meant to have. We would love to be able to sit on our front porch, as we have dreamed of since we bought this house, and visit with neighbors. We know this addition would really add to the essential character of the neighborhood. We sincerely hope that you will give this request strong consideration. If in doubt, we invite you to visit our home and neighborhood. Sincerely, Daryl and Lyn Hartman 1302 5th St. Elk River, MN 55330 Beacon""Sherburne County, MN Overview Legend Q Townships Roads Plats © Parcels Parcel ID 75-410-0410 Alternate ID n/a Owner Address n/a Sec/Twp/Rng 33-33-26 pass 201-Residential I unit Property Address 1302 5TH ST NW Acreage 0.51 ELK RIVER District ELK RIVER CITY Brief Tax Description n/a (Note: Not to be used on legal documents) Disclaimer: Every attempt has been made to ensure that the information contained on this web site is valid at the time of publication. Sherburne County reserves the right to rake additions, changes, or corrections at any time and without notice Additionally, Sherburne County disclaims any and all liahifity for damages incurred directly or indirectly as a result of errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Doto is updated periodically. For the most current information contact the appropriate countydeportment. 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