4.5. SR 12-19-2016 EGty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 4.5
Agenda Section Meeting Date Prepared by
Consent December 19, 2016 Chris Leeseber , Senior Planner
Item Description Reviewed by
Resolution: Findings of Fact for Denial of Setback Peter Beck, City Attorney
Variance Reviewed by
Zack Carlton,Planning Manager
Action Requested
Adopt,by resolution, the Findings of Fact denying a variance allowing a deck to encroach four feet into
the required 10-foot side yard setback at 19538 Albany Street NW, Elk River.
Background/Discussion
Case No. V 16-13
On November 21, 2016, the City Council reviewed the variance application on automatic appeal due to a
denial by the Board of Adjustments. The Council upheld the Board of Adjustments decision to deny the
variance application based on the interpretation that the request did not satisfy the requirements for
approval of a variance as outlined in Sec. 30-365 of the Elk River City Code.
The City Council voted 5-0 to direct staff to prepare a Findings of Fact for the December 19, 2016,
meeting.
Financial Impact
None
Attachments
■ Resolution
POWERED 6T
AR
City of
Elk
River
City of Elk River City Council
Resolution 16 -
A Resolution Making Findings of Fact and Denying the Variance Application
Submitted by Mike Reger and Rosie Menth Reger to Allow a Deck to
Encroach 4 Feet into the Required 10 Foot Side Yard Setback
WHEREAS, Mike Reger and Rosie Menth Reger ("Applicant"),who reside at 19538
Albany Street NW, Elk River,MN 55330,has applied ("Application") for a variance allowing
a deck to encroach 4 feet into the required 10 foot side yard setback on the property (Case
No. V 16-13); and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Board of Adjustments and City Council in connection with the September 26, 2016,
Application,including the staff reports and all attachments thereto, all other written
materials submitted to the Board of Adjustments and City Council, and all staff
presentations and other testimony taken at the public meetings considering the Application,
all of which is incorporated and made a part of the findings of fact and this Resolution; and
WHEREAS, the Board of Adjustments held a public hearing on October 25, 2016, to
receive testimony and evidence from city staff, the Applicant and any other persons
regarding the Variance Application; and
WHEREAS, the Board of Adjustments denied the Application,resulting in an automatic
appeal to the City Council; and
WHEREAS, the City Council held a public hearing on November 21, 2016, to receive
testimony and evidence from city staff, the Applicant and any other persons regarding
whether the Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given the opportunity to
present testimony to the Board of Adjustments and City Council; and
WHEREAS, the City Council, at the conclusion of its November 21, 2016,public hearing
on the Application, directed that a resolution of denial of the Application be prepared for
City Council consideration.
NOW, THEREFORE, the City Council of the City of Elk River makes the following
Findings of Fact and Decision with respect to the Application by Mike Reger and Rosie
Menth Reger for a variance allowing a deck to encroach 4 feet into the required 10 foot side
NATUREJ
FINDINGS OF FACT
1. Elk River City Code states that in order for a Variance to be granted, the request
must meet the following five criteria outlined in Sec. 30-635. —Variances:
a. A variance may be granted by the board only if it finds that:
(1) The variance is in harmony with the general purpose and intent of the
ordinance.
(2) The variance is consistent with the City of Elk River comprehensive
plan.
b. Variances may be granted when the petitioner establishes that there are
practical difficulties in complying with the zoning ordinance. Practical
difficulties means that:
(1) The petitioner proposes to use the property in a reasonable manner
not permitted by the zoning ordinance;
(2) 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
(3) The variance,if granted,will not alter the essential character of the
locality.
2. Taking into consideration the entire record in this matter,including all of the
testimony and evidence received by the Board of Adjustments and the City Council,
the City Council concurs in the decision of the Board of Adjustments and finds the
Application does not meet the criteria for approval of a variance, as follows:
1. The general purpose and intent of the ordinance are not met.
2. The proposed use is not a reasonable use of the property as there are options
for constructing a deck that meets ordinance requirements.
3. The plight of the petitioner is due to the petitioner's own action.
4. The essential character of the locality would be altered.
DECISION
Therefore, the City Council of the City of Elk River denies the Application for a Variance at
19538 Albany Street NW, Elk River,MN 55330,based on the findings of fact set forth
above.
Passed and adopted this 191h day of December, 2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City NATUREJ