4.1 BASR 05-25-2017Request for Action
ver
To
Item Number
Board of Adjustments
4.1
Agenda Section
Meeting Date
Prepared by
Public Hearin
May 23, 2017
Chris Leeseber , Senior Planner
Item Description
Reviewed by
Robb & Carol Gass — 20701 Elk Lake Road NW
Zack Carlton, Planning Manager
■ Side Yard Setback Variances, Case No. V 17 -01
Reviewed by
Action Requested
Approve, by motion, a 13 foot side 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.
Background /Discussion
Case No. V 17 -01
The property is located at 20701 Elk Lake Rd and is zoned R1 -a (single family residential) with setbacks
as follows:
Front: 35 feet (this property is a corner lot which has two front property lines)
Side: 20 feet
Garage: 20 feet
Rear: 30 feet
The applicant is proposing to split the property into two parcels, one new buildable lot, and one lot for
the existing home and accessory structures. The proposed buildable parcel (B) is 18+ acres in size and
the parcel (A) will be 2.5 acres in size. Approximately .34 acres will be dedicated as road right -of -way.
The applicant is seeking a variance to plat side property lines 7.9 feet away from an existing accessory
structure, requiring a 12.1 foot variance.
Applicable Regulation
(The applicant's responses are italicized with staffs 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
Current setbacks are intended to keep structure spaced at a reasonable distance. The new setback mill allow a
reasonable distance for the new driveway and still serve the general intent of the ordinance.
PV0WIR10 In r
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The intent of setbacks is to provide reasonable distances between structures. Because the new
proposed lot is not developed and is owned by the applicant, any future property owner will
understand the proximity of the existing accessory building and can site their home accordingly
on the 18+ acre parcel. The general purpose and intent of the ordinance are met.
2. Is consistent with the City of Elk River comprehensive plan.
The variance would still keep within the intent of the Comprehensive Plan and rural residential land use designation.
The property is not served by munitzpal sewer and water and the new home would still remain as a residential single
family home.
The parcel is guided residential and the variance is consistent with the City of Elk River
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 closer setback is needed for access to the rear 18.5 -acres of my property. It will also hep blend the driveway grade
to preserve the existing trees and natural features along the north fence line (property line by not having major
alterations to grades under drip line of trees which will insure a low visual impact. lle have taken into consideration
removing the 36 x 64 ,Quonset however that too is unique to the property.
The building is structurally sound, with concrete floor, running water and insulated with closed cell spray foam. The
building has been maintained and still has country charm. The variance would be cohesive with the surrounding
neighborhood.
It is reasonable to subdivide the parcel while maintaining the location of the existing accessory
structures on the same parcel as the existing home. Including the Quonset on the new parcel
would make it a legal non - conforming structure, something the city should try to avoid
happening.
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
ire purchased the proper its current condition. The concern is with an adjacentpropero that only has 66 ft of
road frontage. If there was a cul -de -sac at the end of 207th it mould have allowed the adjacent property to have 160ft
of road frontage as well as easier access to the rearparcel of our developmentplan. Given the current conditions, our
plan would not detract from the surrounding neighborhood.
The existing structure placement and previous platting of adjacent parcels was completed by
others prior to the applicant owning the property. The circumstances are unique and are not a
result of the petitioner.
5. The variance, if granted, will not alter the essential character of the locality.
Surrounding parcels have acreage with multiple scattered accessory structures and driveways.
The variance will not alter the essential character of the locality.
N:\ Departments \Community Development \Planning \Case Files \V\V 17 -01 Robb -Carol G2ss \4Board ofAdjustments \V 17 -01 sr 5- 23- 17.docx
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by June 2, 2017, this item will go to the June 19,
2017, City Council meeting.
Attachments
• Location Map
• Applicants Narrative
• Site Plan received May 17, 2017
N:\ Departments \Community Development \Planning \Case Files \V\V 17 -01 Robb -Carol G2ss \4Board ofAdjustments \V 17 -01 sr 5- 23- 17.docx
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Request for variance
This request is for a variance from a 20 ft. side yard setback of an accessory structure
to accommodate a driveway to proposed new residential single family home parcel. We
want to change the side yard setback to 9.2 ft. We would maintain the 160 ft of road
frontage required by ordinance.
1. The variance is in harmony with the general purpose and intent of the
ordinance. Current setbacks are intended to keep structure spaced at a
reasonable distance. The new setback will allow a reasonable distance for
the new driveway and still serve the general intent of the ordinance.
2. The variance is consistent with the City of Elk River comprehensive plan. The
variance would still keep within the intent of the Comprehensive Plan and
rural residential land use designation. The property is not served by
municipal sewer and water and the new home would still remain as a
residential single family home.
I. The petitioner proposes to use the property in a reasonable manner not
permitted by the zoning ordinance; the closer setback is needed for access to
the rear 18.5 -acres of my property. It will also help blend the driveway grade
to preserve the existing trees and natural features along the north fence line
(property line) by not having major alterations to grades under drip line of
trees which will insure a low visual impact. We have taken into consideration
removing the 36 x 64 Quonset however that too is unique to the property.
The building is structurally sound, with concrete floor, running water and
insulated with closed cell spray foam. The building has been maintained and
still has country charm. The variance would be cohesive with the surrounding
neighborhood.
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 we purchased the
property in its current condition. The concern is with an adjacent property
that only has 66 ft of road frontage. If there was a cul -de -sac at the end of
207th it would have allowed the adjacent property to have 160 ft of road
frontage as well as easier access to the rear parcel of our development plan.
Given the current conditions, our plan would not detract from the surrounding
neighborhood.
3. The variance, if granted, will not alter the essential character of the locality.
Surrounding parcels have acreage with multiple scattered accessory
structures and driveways.
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MISCELLANEOUS NOTES
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Address: 20701 Elk Lake Road NW, Elk River, MN
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PID No. 75 -117 -3405
31
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MN 2
Title commitment showing Legal description and easements of record not provided.
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Total Area of Parcel = 916320 sq.ft (includes right of way)
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Property is in Flood Zone "X" (an area of minimal flooding) per FEMA map no. 2714000380F, dated
November 16, 2011.
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No field work has been completed to verify boundary and building locations. Building locations are from
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aerial photos.
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MN 6
Possible gap behveen subject property and record plat of Lundberg Addition.
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MN 7
Area of 50 fool right of way of Elk Lake Road = 14731 sq.ft (0.34 acres)
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N 88 °10'23" E 442.90
S 88 °10'23" W 665' + -
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MISCELLANEOUS NOTES
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Address: 20701 Elk Lake Road NW, Elk River, MN
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PID No. 75 -117 -3405
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MN 2
Title commitment showing Legal description and easements of record not provided.
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MN 3
Total Area of Parcel = 916320 sq.ft (includes right of way)
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Property is in Flood Zone "X" (an area of minimal flooding) per FEMA map no. 2714000380F, dated
November 16, 2011.
Legend of Symbols & Abbreviati
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MN 5
No field work has been completed to verify boundary and building locations. Building locations are from
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aerial photos.
MN 6
Possible gap behveen subject property and record plat of Lundberg Addition.
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MN 7
Area of 50 fool right of way of Elk Lake Road = 14731 sq.ft (0.34 acres)
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