6.4. SR 12-20-1999
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MEMORANDUM
Item 6.4.
River
TO: Mayor and City Council
FROM: Scott Harlicker, Senior Planner~
DATE:
December 20, 1999
SUBJECT: Request by Robert Harris for Variance,
Public Hearing Case No. V 99-16
Request
Consider a request by Robert Harris for a variance to allow metal exterior on
a residential accessory structure.
Location
18003 Queen Street, Lot 19, Block 1, Riverview Heights 3rd Addition.
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Zonine/Land Use
Rlc (Single Family Residential) / MR (Medium Density Residential)
Attachments
. Location map
. Site plan
. Building plans
. Letter from applicant
Overview
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The applicant is requesting a variance to allow a metal exterior on a proposed
18' X 28' accessory storage building. On Thursday, October 28th the applicant
submitted an application for a building permit. On the following Tuesday,
November 2nd, they were informed they needed a variance for the metal
exterior. The use of metal as an exterior building material is not allowed in
the Rlc zoning district, which is what the applicant's property is zoned,
unless the lot is 5 acres or larger or the structure is less than 120 square feet.
The applicant's property is 33,925 square feet (.77 acres) in size. During a
drive through of the neighborhood, one small portable metal storage building
was identified.
13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. TDD & Phone: (612) 441-7420. Fax: (612) 441-7425
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Memo to Mayor and City CouncilN 99-16
December 20, 1999
Page 2
The proposed structure will comply with the setback requirements for
accessory structures. The setback requirements are 5 feet from the side and
rear property lines and 30 feet from the front property line. It will also
comply with the 15 foot maximum height requirement.
The applicant stated the color of the exterior and the roof will match the
house.
Variance
Staff refers the 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.
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 does not identify any hardship other than economic. They have
already purchased the building. If the exterior were changed to a material
other than the steel panels, a variance would not be needed. According to
state statute, economic considerations alone shall not constitute an undue
hardship if reasonable use of the property exists under the terms of the
ordinance. A reasonable use of the property does exist under the terms of the
ordinance.
s: \PLANNING\SCOTT\V99-16CC.DOC
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Memo to Mayor and City CouncilN 99-16
December 20, 1999
Page 3
The hardship is not caused by special conditions and circumstances which are
peculiar to the property. The hardship is unrelated to the property and is
caused by a purchasing decision made by the applicant.
The literal application of the ordinance would not deprive the applicant of
rights enjoyed by other properties in the same district. A drive through of the
neighborhood identified one small portable metal storage building. Metal
exterior accessory buildings are allowed as long as they are smaller than 120
square feet. There are several other properties in the area that have large
accessory structures that do not have metal exteriors.
Any special conditions or circumstances are a consequence of the petitioner's
own actions.
The variance could have an adverse aesthetic impact on the adjacent
properties in that they would have to look at a metal pole building. On larger
lots there is more separation between structures, therefore aesthetic
considerations are not as critical. However, wood structures, which are
allowed, can also have an adverse impact on a neighborhood depending on
how well they are constructed and maintained.
Board of Adiustment Meetinf!
At the November 23rd Board of the Adjustment meeting no one spoke at the
public hearing. The applicant explained they needed the proposed building
for storage; they also said they were not aware of the restriction regarding
metal exterior material until after they purchased the building. The Board
found the applicant did not meet the five criteria needed to grant a variance
and denied the variance request.
Recommendation
The Board of Adjustment and staff recommend the City Council deny this
variance request based on the following findings:
1. Literal enforcement of the ordinance will not cause undue hardship.
The hardship is strictly economic. According to state statute, economic
considerations alone shall not constitute an undue hardship if
reasonable use for the property exists under the terms of the
ordinance. A reasonable use of the property, does exist under the terms
of the ordinance.
S: \PLANNING\SCOTT\ V99-16CC.DOC
Memo to Mayor and City CouncilN 99-16
December 20, 1999
Page 4
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2. The hardship is not caused by special conditions and circumstances
which are peculiar to the property. The hardship is unrelated to
property and is caused by a purchasing decision made by the applicant.
3. The literal application of the ordinance would not deprive the applicant
of rights enjoyed by other properties in the same district. A drive
through of the neighborhood identified one small portable metal
storage building. Metal exterior accessory buildings are allowed as
long as they are smaller than 120 square feet. There are several other
properties in the area which have large accessory structures that do
not have a metal exterior.
4. Any special conditions or circumstances are a consequence of the
petitioner's own actions.
5. The proposed metal exterior is not in keeping with the structures on
adjacent properties and therefore causes adverse impacts to aesthetics.
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S:\PLANNING\SCOTT\ V99-16CC.DOC
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LOCA TION
MAP
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13065 Orono Parkway. P.O. Box 490
Elk River, MN 55330
CASE: V 99-16
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MN LIC # 20116509
SECURE TRUSS TO POLE WI
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November 8, 1999
To: Elk River City Council
From: Robert W. and Linda L. Harris
Subject: Building Permit Variance
Council members:
We are applying to you for a variance in your building code.
We currently live in Riverview Heights, in the city limits
of Elk River. We have lived at 18003 Queen St. N.W. for 22
years.
We are trying to build an 18'x 28' building on a 20 x 30
foot existing cement slab. The building is a pre fab steel
building similar to a "pole barn". The building kit has
been bought and paid for and is currently in our back yard
awaiting a building permit so it can be built.
The exterior of the proposed building is the same color as
the house on this property. Both walls and roof match
existing house. This building will be used as a storage
space for our boat, lawn tractor, and other out door items
needed and used in every day life. There is currently an
8x16 foot barn used for storage purposes on our property.
This building is 15 years old and in need of replacement as
it is too small.
This proposed building is not unlike any other storage sheds
built around our neighborhood, only that the exterior will
be 4x8 foot steel panels. In our opinion, it will look much
nicer than many of the neighborhood sheds.
As far as we know all other criteria to get this proposed
permit have been met and the only questionable item is the
exterior of the building. Any help or attention you can
give our application will be greatly appreciated.
OU~.. ..
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R ert W. and Llnda L. HarrlS
18003 Queen st. N.W.
Elk River, MN 55330
441-6141