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6.6. SR 05-17-1999 rei ----'\) ( )j till Item # 6.6. MEMORANDUM The Mayor and City Council FROM: Stephen Wensman, Planner 7 rJ DATE: May 17, 1999 SUBJECT: Request by Mel Beaudry for a Variance from the Front Yard Setback, Public Hearing Case No. V 99-6 Reauest Please consider a request by the applicant for a variance from the front yard setback requirements. Location . 21333 York Street, Elk River (Lot 19, Block 1, Greenhead Acres Third Addition). Zoning/Land Use RIa ( Single Family Residential) / LR (Low Density Residential) Attachments - Locationlzoning map - Site plan - Building permit site plan dated 12/11/98 - Letter from applicant Overview This variance request was denied by the Board of Adjustments on April 27, 1999. . The applicant requests a variance from the front yard setback in order to build his house closer to the street where the grade is at a higher elevation to avoid constructing a more expensive septic system and more expensive home. At present the lot contains a horse barn with a pasture in a lower 13065 Orono Parkway - P.O. Box 490 - Elk River, MN 55330 - TDD & Phone: (612) 441-7420 - Fax: (612) 441-7425 Memo to the City CouncilN 99-6 May 17, 1999 Page 2 . area, and trees on higher ground near the road. The applicant was required by City Ordinance, Section 900.38(B), to submit a site plan showing the proposed locations of other buildings prior to being given a building permit for the horse barn. The applicant had an opportunity to inform himself about the setback requirements. The city ordinance Section 900.38(B) reads as follows: . An application for a building permit shall be made to the Building and Zoning Administrator on a form furnished by the City. All building permit applications shall be accompanied by a site plan drawn to scale showing the dimensions of the lot to be built upon and the size and location of the building and accessory buildings to be erected, off-street parking and loading facilities and such other information as may be deemed necessary by the Building and Zoning Administrator to determine compliance with this and other land use ordinances. No building permit shall be issued for activity in conflict with the provisions of this Ordinance except activity for which a variance has been granted in accordance with Section 900.40(5). The Building and Zoning Administrator shall issue a building permit only after determining that the application and plans comply with the provisions of this Ordinance, the State Building Code and other applicable laws and ordinances. Granting of Variance Staff refers the City Council to Section 900.40 of the City of Elk River Code of Ordinances for the five standards to consider when reviewing a variance. A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. . \\elkriver\sys\shrdoc\planning\stevewen \ccmmo \ v99-6cc. doc Memo to the City CounciW 99-6 May 17, 1999 Page 3 . 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is located and will in keeping with spirit and intent of the ordinance. The applicant sites financial reasons and other non-conforming setbacks in the neighborhood for justification of the variance (See the applicants attached letter) . A) Staff recommends denial of the variance from the front yard setback, because 3 of the 5 criteria for granting a variance cannot be met. The reasons are as follows: 1. Staff believes that the Literal enforcement will not cause undo (unnecessary, unavoidable, extreme) hardship. The applicant knew the setbacks prior to building his horse barn and has the choice of setting the house back from the road to conform with city ordinances 2. Staff believes that the hardship is not caused by special conditions and circumstances which are peculiar to the property or structure involved because the house can be built at the proper setbacks. . 3. The applicant is correct that the literal application of the provisions of this ordinance would deprive him of rights enjoyed by other properties in the same district under the terms of this ordinance if the other properties nearby are non-conforming in regards to setbacks. 4. Staff believes that there are no special conditions and circumstances and that the need for a variance is a consequence of the petitioner's own action or inaction the applicant has known the setbacks all along and provided the city a site plan conforming to the setbacks. The applicant had an opportunity to research the costs associated with the specific septic or construction necessary to build his house. 5. Staff believes the variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood as long as other structures are already non-conforming. Board of Adiustments . At the public hearing held on March 23, 1999, no one from the public spoke for or against this item. The Board of Adjustments, although sympathizing with the applicant and agreeing that the request was reasonable, could not find hardship to justify this request. \\elkriver\sys\shrdoc\pl anning\stevewen \ccmmo \v99-6cc. doc Memo to the City CouncilN 99-6 May 17,1999 Page 4 . Recommendation Staff and the Board of Adjustments recommend that the City Council deny this request for a variance from the front yard setbacks because the applicant cannot meet the following 3 of the 5 required criteria for granting a variance: 1. Staff believes that the Literal enforcement will not cause undo (unnecessary, unavoidable, extreme) hardship. The applicant knew the setbacks prior to building his horse barn and has the choice of setting the house back from the road to conform with city ordinances 2. Staff believes that the hardship is not caused by special conditions and circumstances which are peculiar to the property or structure involved because the house can be built at the proper setbacks. 4. Staff believes that there are no special conditions and circumstances and that the need for a variance is a consequence of the petitioner's own action or inaction the applicant has known the setbacks all along and provided the city with a site plan conforming to the setbacks. The applicant had an opportunity to research the costs associated with the specific septic or construction necessary to build his house. . . \ \elkriver\sys\shrdoc\planning\stevewen \ccmmo \ v99-6cc. doc I + 'to I . 1+ . I · LOCATION ++ I ++ i I I + r I I I rOOlUND ++~ l-- TRJ1LS I I I: II i I ~ r I ~( (. II LOCATION City of ~. MAP ll{ River 13065 Orono Parkway. P.O. Box 490 Elk River. MN 55330 CASE: V 99-6 (A' N .'~ -; , \ r-\ o ~\ ~ :t)\ ~, \ \ bl ~ .., ::s ~ - (;;) <9~ ~e. J . a I i \ \ . .. --I 00 ~ I \ I 1 , 1 0::> :b -s :s . ... ----'a, .... ~....- _n"b ...... v~~~T e <i" r- ~cpr~ ~~ ~ ~ t- ~.~~ ~~-:o ~. 'C1 "" .' ~. , - ~.,.-- --- . j/ ~) 1 t So ' \ '*'''SE -t' ~5 P-e _"t.~ ~ ~ ) . .~ ~ VI I~ \. ". .I ./ ,/ ./ .~ ... ,....--:. . "'~l . .~~:.-h..... .' '] /' ... . ,/ I I i I 1 .- - ".- I.. f.' it: !."~ ".. lo'.N'~; \- \'\.r.~ 'r".J; I- \..:... (. ~.. , .' J 'f' ~1\ . "ii: )' ... , -\v~ \.. S:...\ r ,,\:. J 1(.. 'r"'".~J \...\.\~.. I . '"; .f , , / I. . .I ,~ D~ t ~ t. ~ .. ,I\: ~-- --.. I. i: ~ . . JI I. . . . . TO: Board of Directors . FROM: Mel & Jeanette Beaudry RE: Variance Request for Lot 19, Block 1 Greenhead 3rd Addition Thank you for considering the variance request for 35' set back at the above mentioned property. Due to the lay of this property, we feel very strongly that the variance that we are asking for (15') would not be a detriment to the area, but rather a plus. For the following reasons: 1. The land is high and buildable at the street, but drops off fast as you go back causing an undue hardship for building the home 70' off the street. 2. Because of the set back requirement a standard septic system might not be feasible, causing thousands of dollars in extra cost. 3. Because of the way the street is located, the home to the south would not line up with our home if the set back requirement stays as is. . 4. The home would be in much lower land, not allowing us to take full advantage ofa walk out basement. 5. If the 35' set back is allowed, we would still be approximately 50' back from the street, keeping the home plenty far off the street. 6. By passing this variance you would not be adversely affecting the area because 2 of the 3 homes on the end of this street are also less than the 50' set back required. The development is built out, so you would not have to be concerned about setting a precedence in the development with future homes being built. I have included a letter signed by the neighbors immediately effected by this request stating that they are in favor of the variance. In closing we realize that the evidence of a hardship is not real strong, but by allowing the variance you are maintaining the continuity of the neighborhood. Yours truly, . Mel Beaudry JIM LEUER CONSTRUCTION Fax: 612-497-0856 May 17 '99 10:09 P.03 Sfo~es by... JIM LEUER . CONSTRUOION - 1381 Jamison Ave. NE St. Michael, MN 55376 Phone (612) 497-3554 Fax (612) 497-1771 May 17, 1999 TO: City of Elk River RE: Lot located at Lot 19, Block 1, Grecnhead 31'd Addition 21333 York S~ City of Elk River, MN To Whom It May Concern, . This letter is to inform the City that with the required Set Backs, it is not possible to fit a home on this Lot. We have tried every angle but because ofthc Cul-de-sac, there: is not enough room and it is next to impossible to build a home on this lot without placing the home on low land. ~,YO;L- J' Leuer Comrtruction {General Contractor . ~. .........................,. Experience our history in your new home today. MN Builder Lie. #2683 1:5)