5.3 BASR 06-28-2016Request for Action
To Item Number
Board of Adjustments 5.3
Agenda Section Meeting Date Prepared by
Public Heating I June 28, 2016 Chris Leeseber , Senior Planner
Item Description Reviewed by
Church of St. Andrews - 524 and 534 4" St. NW Zack Carlton, Planning Manager
■ Variance for number and size of accessory Reviewed by
structures, Case No. V 16-06
Action Requested
Approve, by motion, the size of accessory structures 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 total allowed square footage for the combined subject properties (534 4`'' Street & 524 4"
Street) shall not exceed 1,700 square feet.
2. The total number of detached accessory structures for the combined subject properties (534 4th
Street & 524 4th Street) shall not exceed two (2).
3. The demolition permit for the home at 524 4th Street shall not be approved until the two parcels
are combined.
Deny, by motion, the number of accessory structures variance for the following reasons:
1. The plight of the petitioner is due to circumstances unique to the property but is a consequence
of the petitioners own action or inaction.
Background/Discussion
The applicant is seeking a variance to exceed the number and size of accessory structures. They would
like to have three detached structures (two allowed) and maintain the overall square footage of
approximately 1,625 square feet (1,200 allowed).
The subject properties are located at 534 4 h Street and 524 4�' Street. They are both zoned R2a with
setback as follows:
Front: 30 feet (this property is a corner lot which has two front properties)
Side: 10 feet
Garage: ---
Rear: 10 feet
The subject property is allowed to have two (2) detached accessory structures. The total allowed square
footage of attached and detached accessory structure is 1,200 square feet.
The applicant will be combing 534 4"' Street with 524 4"' Street and with the assistance of the Fire
Department, removing the house on 524. The net result will be one parcel with a house/attached garage
and three accessory buildings. The total square footage of accessory structures will be about 1,652.
With the exception of the approximately 60 square foot shed on 524, both properties currently conform
to the ordinance for accessory structures. The ordinance does not allow detached accessory structures on
a parcel without a principal use. Because of this, if they remove the house on 524 but do not combine
the lots, the three (3) accessory structures on 524 would be non -conforming structures. Once they
combine them with parcel 534, they will be accessory to the principal use (house).
Typically the city reviews variances when an applicant is adding a structure, but in this case, it is occurring
when a structure is being removed.
N:\Departments\Community Development\Planning\Case Files\V\V 16-06 St. Andrews\4-Board of Adjustments\V 16-06 sr 6-28-16.docx
Applicable Regulation
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 avith thegeneralpurpo.re and intent of the ordinance, and
The general purpose and intent is to maintain consistency of accessory structures in any
given zoning district. The total number and square footage of existing accessory structures
will not change on the parcel and will continue to meet the general purpose and intent.
2 Is consistent avith the City of Elk River comprehensive plan.
The property is guided for residential uses and 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. Thepetitionerpropo.rer to use theprnperty in a reasonable manner notpermitted by the honing ordinance;
The property will continue to be used in a reasonable manner (a residential use) as it has in
the past. No additional structures are being added.
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
It is the applicant's action that is creating the need for the variance. Although the removal
of the house on 524 is desirable, it results in accessory structures without a principal use.
The solution is to combine the lots, as they planning to do. This will result in too many
detached accessory structures on the combined parcel. Staff is not supportive of granting a
variance for three detached accessory structures and recommends the 60 square foot shed be
removed.
5. The variance, if granted, will not alter the essential character of the locality.
No new structures are being proposed so the character of the locality is not being altered.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by July 8, 2016, this item will go to the July 18,
2016, City Council meeting.
Attachments
■ Location Map
■ Applicants Narrative
N:\Departments\Community Development\Planning\Case Files\V\V 16-06 St. Andrews\4-Board of Adjustments\V 16-06 sr 6-28-16.docx
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City of Elk River
13065 Orono Parkway
Elk River, MN 55330
May 31, 2016
To Whom It May Concern,
We are requesting a parcel combination and variance for Parcel 75-404-0112 (534 4'h Street) and 75-
404-0111(524 4" Street).
Because of the age of the home and condition of the building for 524 4'h Street, it is our request to take
down this house. We plan to work with the Elk River Fire Department on its demolition after they use it
for training purposes this summer.
We have on the 524 4'h Street parcel two storage garages and a utility shed. The garage known as the
KC garage is 24' x 26' and the original garage is 24' x 24'. The garages were finished in like materials for
esthetical curb appeal. The utility shed can be removed if requested.
It is our understanding the maximum storage on a parcel can be up to 1200 square feet, by combining
the parcel with S34 4'h Street, its garage would put us over the limit.
We are requesting a variance to keep the two garages on the 5241h 4'h Street site after the parcel
combination with the 534 4'h Street site. Removing the utility shed if requested.
Melissa Anderson
Parish Business Manager
763-441-1483x310
566 Fourth Street NW • Elk River, Minnesota 55330 • Phone (763) 441-1483 • Fax (763) 441-1485