7.2. SR 01-17-2017 EOty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 7.2
Agenda Section Meeting Date Prepared by
Public Hearin� lianuary17, 2017 Chris Leeseber , Senior Planner
Item Description Reviewed by
Variances: Front Yard& Rear Yard Setback, Renae Zack Carlton,Planning Manager
Hauge Reviewed by
Cal Portner, City Administrator
Action Requested
Approve,by motion, a front and rear yard setback variance for a principal structure in accordance with
the following:
1. The general purpose and intent of front yard setbacks is to provide a uniform/controlled look to
the front of structures. The general purpose and intent of rear and side yard setbacks is to keep
structures reasonably separated from one another. The purpose and intent of these setbacks is in
harmony with the ordinance.
2. The Comprehensive Plan guides this property as residential. The proposed residential use is
consistent with the Comprehensive Plan.
3. Building a residential home on a city-approved parcel with setbacks that are more compliant then
neighboring properties is using the property in a reasonable manner.
4. The plight of the property is that it received variances for lot size and lot width in 2005,prior to
the applicant purchasing it. A front-yard setback variance was anticipated when the property was
platted.
5. The character of the locale is one of varying front yard setbacks and approving these variances
will not alter that character.
Background/Discussion
Case No. V 16-16
The property is located at 479 Upland and is zoned Single Family Residential (R1-c) with principal
setbacks 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
Accessory structures (sheds) can be located up to five feet from side and rear property lines but need to
be set back 30 feet from the front property lines.
The applicant is seeking two variances:
1. The front-yard setback be reduced to 15 feet (Upland Ave/east side)
2. The rear-yard setback be reduce to 10 feet (west side)
POWERED 6T
AR
On August 23, 2005, the Board of Adjustments approved a lot width variance (V 05-03) from 100 feet to
45 feet and a lot area variance to reduce required lot size from 11,000 square feet to 10,330 square feet.
One of the exhibits (8-23-05 Exhibit) presented during that meeting identified possible front yard
variance areas but did not show any dimensions. No conditions were applied to the approved variance.
The lot is 0.25 acres in size and will not be allowed to have more than 25% or 2,723 square feet of
impervious surfaces. This includes the house, sheds,patios, sidewalks, driveways and decks.
Staff met with the property owner directly to the west of the subject site on December 20, 2016, to
discuss the proposal. Her biggest concern was the loss of privacy she would have if the house is built 10
feet from her east property line. She also had questions regarding the Shoreland Ordinance,lot sizes,
common ownership, and fencing. Staff clarified the parcel meets the Shoreland Ordinance lot size
(10,000 sqft) and width (80 ft) requirements. Staff also stated that the Board of Adjustments can include
conditions of approval on a variance, such as the requirement of a privacy fence.
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.
First, the general purpose and intent of frontyard setbacks is to provide a unifoi-m controlled look to the front of structures
and not to block neighbor's lines of sight. The proposed setbacks are uniform Pith existing structure setbacks on Upland
Ave and meet the required setbacks on 5th St. Other structures on 5th St do not meet the front setback requirements.
The south-adjoining property has a house setback 5-6 feet from the front property line. The proposed
variance is more compliant than the home to the south. During the 2005 platting process, a front yard
variance was anticipated.
Second, the general purpose and intent of sideyard setbacks is to keep structures reasonabjsePaiatedfom one another. In
this case, requiring 9 0 foot side yard setbacks provides at least 20 feet betv)een homes. Corner lots function Pith taro front
yards, one sideyard, and one rearyard. The rearyard is defined as, ayard extending along the full P)idth of a rear lot line
(opposite the addressed side betv)een side lot lines. Although technicaljthere is a rearyard by definition, in this case the
taro non frontyards essentially function as sideyards. The proposed setbacks maintain proper sideyard setbacks. The
house direajto the rarest of the subjectparcel does not appear to meet side yard setbacks.
The proposed setback from the western property line is in more compliance than the existing house on
the west lot adjoining the subject parcel. A side yard setback dimension is maintained.
Staff agrees with the applicant the general purpose and intent of front yard setbacks is to provide a
uniform/controlled look to the front of structures. The general purpose and intent of rear and side yard
setbacks is to keep structures reasonably separated from one another. The purpose and intent of these
setbacks is in harmony with the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The Comprehensive Plan guides this progeny as Residential as proposed.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties mean that:
N:APublic Bodies\Agenda Packets\01-17-2017\Final\7.2 sr.docx
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Building a home on achy-approved parcel Pith setbacks that are more compliant than neighboring properties is using the
property in a reasonable manner.
The property is guided for residential uses and the city approved a lot with both a reduced area and lot
width. Building a residential home on the subject parcel is reasonable.
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
The plight of the property is that it received variances for lot si,-e and lot P)idth in 2005,prior to the applicantpurchasing it.
A frontyard setback variance paras anticipated irhen theproperty irasplatted.
The actions on this property happened prior to the applicant purchasing it.
5. The variance,if granted,will not alter the essential character of the locality.
The character of the locale is one of varying frontyard setbacks and to these variances Pill not alter that character.
If granted, the variance will alter the essential character of the locality.
Board of Adjustments
On December 27, 2016, the Board of Adjustments approved the variance as requested with two
conditions. On December 28, 2016, Dolores Kratzke appealed the Board of Adjustments decision.
Staff had recommended the following conditions but the Board of Adjustments only approved
conditions 1 and 3.
1. No principal structure can be closer than 20 feet to the south property line.
2. An 8-foot tall privacy fence shall be constructed on the west property line as shown on the exhibit
titled "Fence Location." The actual location may change with final site plan determination.
3. The variance does not apply to accessory structures.
Staff recommended the fence based on a discussion with an adjacent property owner. Staff has no issue
with that condition being removed. Conditions 1 and 3 were added to clarify that the variance was only
for the principal structure (house) and not accessory structures but recommends these conditions also be
removed. The Action Requested was modified to clarify the variance is only for a principal structure.
Public Hearing
During the public hearing,Dolores Kratzke handed out a 16-page document discussing past variances,
building plans, decks,basements,ground elevations,house placement,impervious surface, and finding of
facts. Mrs. Kratzke does not object to a house being built, she continues to be concerned about how
close it will be to her house. She requested the variance be denied based on her issues and concerns.
The subject parcel was approved as a buildable lot by the City Council in 2005. During that process, a
public hearing was held to discuss the parcel itself. The application before the City Council is for two
setback variances and not for discussions regarding the parcel itself.
Mrs. Kratzke points out that the parcel was approved for a standard size home. The term "standard"is
vague today as it was in 2005 and a"standard" size is unknown. In the past two years, 147 new homes
N:APublic Bodies\Agenda Packets\01-17-2017\Final\7.2 sr.docx
were constructed in Elk River at an average size of around 1,500 square feet.
Mrs. Kratzke had questions on the design of the house such as how many stories it would be, deck
location and height,garage location,will there be a basement, and grade elevations. An approval of the
variance would be for setbacks, not for the design of the house. Any structures (house, decks,garages,
etc.) that are built on the property,with or without a variance,will need to meet setback/height
requirements and all other applicable ordinances that relate to the water table and surface water flow.
Flow rates will not be allowed to increase from pre-construction to post-construction.
Mrs. Kratzke asked if the applicant provided a calculation for impervious surface. The overall
impervious surface of the property has not been identified but will have to comply with city ordinance.
The subject parcel is 10,890 sqft (0.25 acres) in size and is allowed 25% maximum impervious surface
coverage on the property of 2,723 square feet.
The applicant indicated she hopes to keep it a one-story home to fit the character of the neighborhood.
She questioned the fence requirement and was not in favor of it. Neither was Mrs. Kratzke.
Steve Schwarze, 511 Upland, stated the city cannot make 5th Street the address because a driveway won't
go onto 5th Street,it has to be off of Upland Ave. Addresses are not based on a driveway location.
Addressing is discussed below. He also discussed a"standard" size house fitting on the subject parcel.
Addressing
The city does not regulate what street is to be used as an address for corner lots but the city ordinance
does state the rear property line is opposite the address side. The only reason the applicant is requesting
a rear yard setback variance on the west side is they prefer to have an Upland Avenue address. If the
applicant wanted a 5th Street address, the rear yard would then be the south side and they could build the
house 10 feet from the west property line without the need for a variance. For corner lots,most cities
define the rear property line as parallel to the shortest front property line. This takes out the arbitrary
nature of identifying what side is the rear yard. In this case, most cities would identify the south side as
the rear yard, allowing the house to be 10 feet from the west property line.
Accessory Structures
Attached and detached accessory structures are allowed to be five (5) feet from the west and south
property lines.
Financial Impact
None
Attachments
■ Location Map
■ Applicants Narrative
■ 8-23-05 Exhibit
■ Required Setback Exhibit
■ Area Setbacks
■ Side and Rear Yard Setback Exhibit
■ Document Presented To The Planning Commission on 12-27-16
■ Dolores Kratzke Appeal
N:APublic Bodies\Agenda Packets\01-17-2017\Final\7.2 sr.docx
Variance Request Property Address : 479 UPLAND AVE NW, ELK RIVER MN
PID #:75-773-0105
Plat 773-RAIVALA ADDITION
Sec-Twp-Rng Sec.33 T33N R26W
Legal Description LOT 1, BLK 1
Last Recording A 650465 Date: 05/22/2007
Class 200-Residential 2-3 units or Vacant Land
Occupancy NON-HOMESTEAD
Deeded Acres 0.25
Tax District ELK RIVER CITY
School District 728 - ELK RIVER
This request is being made to the City of Elk River for the consideration and approval of setback
requirements for the lot currently addressed as 479 Upland Ave. A Purchase Agreement (PA) has been
accepted by the property owner, the intent is to build a new home on this property as a permanent
residence, and the building plans are consistent with the current neighborhood and surrounding homes.
The PA will be fully executed upon The City of Elk River approving and accepting the ordinance changes
described as follows:
1) Is in harmony with the general purpose and intent of the ordinance
First, the general purpose and intent of front yard setbacks is to provide a uniform/controlled look
to the front of structures as well as not to block neighbor’s lines of sight. The proposed setbacks
are uniform with existing structure setbacks on Upland Avenue and meet the required setbacks
on 5th Street. Other structures on 5th Street do not meet the front setback requirements.
Second, the general purpose and intent of side yard setbacks is to keep structures reasonably
separated from one another. In this case, requiring 10 foot side yard setbacks provides at least 20
feet between homes. Corner lots function with two front yards, one side yard, and one rear yard.
The rear yard is defined as, a yard extending along the full width of a rear lot line (opposite the addressed side) between side lot lines. Although technically there is a rear yard by definition, in this case the two non-front yards essentially function as side yards. The proposed setbacks maintain proper side yard setbacks. The house directly to the west of the subject parcel does not appear to meet side yard setbacks. a. Request change to be made from a 30 foot setback to a 15 foot setback for the front of subject parcel. b. The home located at 441 Upland Avenue, next 479 Upland is setback approx 6 feet on
Upland Avenue.
2) 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.
3) The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance;
Building a home on a city approved parcel with setbacks that are more compliant than
neighboring properties is using the property in a reasonable manner.
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
The plight of the property is that it received variances for lot size and lot width in 2005, prior to
the applicant purchasing it. A front yard setback variance was anticipated when the property was
platted.
5) The variance, if granted, will not alter the essential character of the locality.
The character of the locale is one of varying front yard setbacks and approving these variances
will not alter that character.
This plated vacant lot is limited in space as a buildable lot by the current zoning ordinances. This lot is
long and narrow, to remain consistent with the current neighboring homes (i.e. square footage, 20’ x 22’
garage requirement, exterior appearance, driveway, elevation, neighborhood appeal) the above
requested setback approvals would be beneficial to the neighborhood and The City of Elk River Planning
in keeping with the current homes and tax base.
In summary, I am requesting the setback requirement to be approved for this property as follows:
9 15’ setback for proposed home/garage on Upland Ave 9 10’ setback for proposed home and 5’ setback for proposed garage on adjacent neighboring homes and garages 9 30’ setback on 5th Street NW side for proposed home will remain the same Should this request not be approved, anyone wanting to build on this lot would be required to build an extremely small home (i.e. fish house type) or higher elevation home to meet present setback requirements. This would result in a change in the tranquil appearance of the existing neighborhood as
well as, the appearance from the lakeside of the neighborhood surrounding Lake Orono.
Thank you in advance for considering the approval of these requested variances.
Best Regards,
Renae Hauge
763-286-6269
-d cal&J - iffli-Fery-?.2
mourn ID, lerd4zt e
January 17, 2017
To: Elk River City Council
Re: Variance V16-16
I request that the above referenced variance be denied. I will address each of the 5 points.
1. General purpose to keep structures reasonably separated from each other.
Rear yard setbacck variance does not reasonably separate buildings from each other. It only provides the
applicant with a better view of the lake.
2. Comprehensive plan
Practical difficulties - reduced lot size should have been considered in designing home within buildable area.
3. Building a residential home fitting the buildable area is reasonable and should not require a variance.
4. The subdivision created in 2005 may well have been in violation of Shoreland Ordinance
Sec, 30-2041 Subdivision and Platting
Sec. 30-2041. - Subdivisions and platting.
(a) Land suitability. Each lot created through subdivision, including planned unit developments authorized under section
30-2042, shall be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the
city shall consider susceptibility to flooding, existence of wetlands. soil and rock formations with severe limitations for
development, severe erosion potential. steep topography. inadequate water supply or sewage treatment capabilities.
near -shore aquatic conditions unsuitable for water-based recreation. important fish and wildlife habitat, presence of
significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of
future residents of the proposed subdivision or of the community.
trt Crinformance with subaw,sion controls. Subdivisions shall conform to all official controls of the city. A subd.v.sion '.vd
rot be approved where a 'ater variance from one or more standards in official controls would be needed to use the
,ots for their inteneed purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not
be approved unless domestic water supply is available and a sewage treatment system consistent with sections 30-
2022 and 30-2028 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional
requirements of section 30-2021, including at least a minimum contiguous lawn area that is free of limiting factors
sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks
shall not be approved.
5. The variance will alter the essential charachter of the locality. Item 5 is listed in two different comments on staff
reports. One stating that it will alter the charachter and the other states that it will not.
Addressing - This was discussed at the Board of Adjustments meeting. Zack Carlton sited problems with that
scenario such as postal delivery and safety concerns when emergency vhicles are needed. He stated that it
was physically possible but not plausible stating that plausible and reality are two different things. A typical
address is oriented to the front door of the home. The Board of adjustments did not pursue this any further.
While staff states that most cities define the rear property fine as parallel to the shortest front property line, the City of
Elk River does not have this stipulation at this time. Therefore that should not be considered in this instance.
Respectfully submitted,
Dolores Kratzke
1707 5th St. NW
Elk River, MN