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7.4. SR 12-18-2017 EOty1� ,.,�� Request for Action River To Item Number Mayor and City Council 7.4 Agenda Section Meeting Date Prepared by Public Hearin s December 18, 2017 Chris Leeseber , Senior Planner Item Description Reviewed by Variance: Additional Accessory Structure Area, Zack Carlton,Planning Manager Peter Hasselquist, 13349 1901h Avenue Reviewed by Cal Portner, City Administrator Action Requested Direct staff,by motion, to prepare a finding of fact denying the accessory structure size variance based on the following findings: 1. The general purpose and intent of the ordinance is not met. The city determined 16,000 square feet (sqft) is a reasonable and adequate amount of accessory structure for a parcel this size. The increased square footage is not in harmony with the general purpose and intent of the ordinance. 2. The plight of the petitioner is not due to circumstances unique to the property and is a consequence of the petitioners own action or inaction. There are no unique circumstances to the property that would support a variance to exceed the allowed square footage. The petitioner was aware of the size and layout of the existing accessory structure and their needs prior to purchasing the property. In order to approve the variance all five of the variance criteria must be satisfied and a motion of approval must state all criteria are satisfied. Background/Discussion The applicant is seeking a variance to construct an 80' x 20' addition to the existing detached accessory structure. This will result in 933 sqft above the current limit established by ordinance. There is currently 15,933 sqft of accessory structures on the property: 15 sqft in a chicken coop 128 sqft in an accessory structure 150 sqft in an accessory structure 1,120 sqft in the attached accessory structure (garage) 14,520 sqft in one detached accessory structure Board of Adjustments Meeting The Board of Adjustments asked how much accessory structure square footage would be allowed on a property larger than 40 acres. Staff state properties larger than 40 acres are based on a percentage of the overall property size rather than a flat square footage limit. The Elk River Vision A PehoMing community 2a itb revolutionary and spirited resourcefulness, exceptional POWERED By service, and community engagement that encourages and inspires prosperity INAWRE1 During the public hearing, the applicant and his contractor indicated the goal of the extra accessory structure was to avoid having equipment parked outside and provide an area for indoor hay storage. The applicant could store hay and equipment within the existing building,but they may have to reduce the size of the arena area or reduce the number of stalls in the barn. No one else spoke for or against the request. Staff was asked by the applicant if the city has granted variances for additional accessory structure square footage in the past. Staff noted there were a few in the 1980s. Since the meeting, staff found one in 1997 and two in 1998. These requests were approved prior to the increase in maximum accessory structure area in 2004. It was the consensus of the Board that variance criteria one and two are not satisfied and unanimously denied the variance request based upon these findings. Financial Impact None Attachments ■ Board of Adjustments Memo dated November 28, 2017 N:APublic Bodies\Agenda Packets\12-18-2017\Done\7.1 sr.docx The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To Board of Adjustments Item Number 5.1 Agenda Section Public Hearing Meeting Date November 28, 2017 Prepared by Chris Leeseberg, Senior Planner Item Description Peter Hasselquist – 13349 190th Avenue NW ƒ 640 sqsf of additional accessory structure area variance, Case No. V 17-08 Reviewed by Zack Carlton, Planning Manager Reviewed by Action Requested Deny, by motion, the Accessory Structure Size variance for the following reasons: 1. The general purpose and intent of the ordinance are not met. a. The city determined that 16,000 square feet (sqft) is a reasonable and adequate amount of accessory structure for a parcel this size. The increased square footage is not in harmony with the general purpose and intent of the ordinance. 2. The plight of the petitioner is not due to circumstances unique to the property and is a consequence of the petitioners own action or inaction. a. There are no unique circumstances to the property that would support a variance to exceed the allowed square footage. The petitioner was aware of the size and layout of the existing accessory structure and their needs prior to purchasing the property. Background/Discussion The applicant is seeking a variance to construct an 80’ x 20’ addition to the existing detached accessory structure. This will result in 640 sqft more than is allowed. The property is located at 9702 Viking Blvd and is zoned R1-a Single Family Residential. The property is 30.19 acres in size which allows for 16,000 sqft of accessory structure space. There is currently 15,640 sqft of accessory structures on the property: 1,120 sqft in the attached garage 14,520 sqft in one detached accessory structure N:\Departments\Community Development\Planning\Case Files\V\V 17-08 Hasselquist\4-Board of Adjustments\V 17-08 sr BOA 11-28-17.docx 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, and The addition to the existing barn we are requesting is architecturally appealing and will fit in with the existing structure. It will be used to store all the equipment indoors and avoid the eye sore of farm equipment parked outside. The color scheme mirrors the existing facility. Outside of parcels 40 acres in size, the subject parcel is subject to the most generous regulations regarding allowed square footages of accessory structures. The ordinance allows 16,000 square feet for parcels 20-40 acres in size. The general purpose and intent of the ordinance is to provide for the orderly development of land. In 2004, the City Council approved an ordinance amendment increasing the allowed square footage from 6,000 to 16,000 (a 266% increase). This was due in part to the increasing usage on larger parcels of land for hobby farms as well as the increasing level of extra vehicles, equipment, and “toys” property owners own. The city determined that 16,000 square feet is a reasonable and adequate amount of accessory structure for a parcel this size. The increased square footage is not in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. The proposed structure will be consistent and comply with the City of Elk Rivers comprehensive plan. The subject parcel is guided for residential uses which allow for accessory structures. The request 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. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; We are using the property as intended to have horses and donkeys in properly designed paddocks and stalls. The animals are well cared for with automatic waters and supplemented hay when the fields become snow covered. We clean stalls and paddocks twice daily and have the manure taken to a proper disposal site as necessary. The ordinance allows the property to be used as residential with accessory structures. The property is proposed to be used in a reasonable manner. N:\Departments\Community Development\Planning\Case Files\V\V 17-08 Hasselquist\4-Board of Adjustments\V 17-08 sr BOA 11-28-17.docx 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 To properly maintain the facility and animals, we need equipment such as; tractor, Bobcat, riding ring grooming equipment, horse trailer and truck and supplies such as; hay, shavings and feed. We need additional space to store these items indoors to protect them from the elements and to maintain a sightly property. There are no unique circumstances to the property that would support a variance to exceed the allowed square footage. The petitioner was aware of the size and layout of the existing accessory structure and their needs prior to purchasing the property. 5. The variance, if granted, will not alter the essential character of the locality. The additional space we are proposing fills in an open gap in the facility and will not change the look or character of the existing structure. The current building is five years old and is attractive and well maintained. It is a very attractive facility now and will continue to be so if allowed the additional space. The building is a newer building and the addition of more building likely will not change the essential character of the locale. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by December 8, 2017, this item will go to the December, 18, 2017, City Council meeting. Attachments ƒ Location Map ƒ Applicants Narrative ƒ Site Plan ƒ Building Plans DATE:DRAWN BY:SHEETOF9/14/2017PROJECT NAME:BUILDING DESCRIPTION:)D[ZZZUDPEXLOGLQJVFRP&RQWUDFWRU/LFHQVH1XPEHU,QGXVWULDO'ULYH32%R[:LQVWHG0LQQHVRWDJEREMY B.© All drawings and content copyright RAM Buildings Inc.Call RAM Buildings Inc. to obtain copies of this plan.Unauthorized reproduction of these plans is a violation of federal law.DESIGN NUMBER: P10119PROJECT NUMBER: (10-741)80'-0" X 24'-0" X 16'-0"ARENA ADDITIONROB & MARY KNIGHT2210' PUR. 20' PURLINS 20' PURLINS 20' PURLINS 20' PURLINS 20' PURLINS 20' PURLINS 10' PUR.10' PUR. 20' PURLINS 20' PURLINS 20' PURLINS 10' PUR.52'-0"17'-1 3/4"8'-8" 8'-5 3/4"120'-0"6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0"6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0"6'-0" 6'-0" 6'-0" 3'-0" 10'-0" 5'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0"10'-0" 10'-0" 10'-0" 4'-0" 12'-0" 4'-0" 10'-0" 10'-0" 10'-0"80'-0"10'-0" 10'-0" 10'-0" 4'-0" 12'-0" 4'-0" 10'-0" 10'-0" 10'-0"24'-0"24'-0"3'-0" 12'-0" 9'-0"66'-0"68'-0"3'-0" 12'-0" 2' 12'-0" 3'-0" 9'-0" 4'-0" 10'-0" 4'-0" 9'-0"6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0"6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0" 6'-0"18'-0"6'-0"4'-0" 8'-0"7'-6"6'-4 3/4"24'-0"3'-0" 12'-0" 3'-0" 6'-0"10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0" 10'-0"80'-0"10' X 10'OVERHEAD DOOR10' X 10'OVERHEAD DOOR12' X 12'STALL3 PLY 2X6-22'12' X 12'STALL12' X 12'STALL12' X 12'STALLFLOOR PLANBATH.12' X 14'OVERHEAD DOOR12' X 14'OVERHEAD DOORCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCLCL(2) RV100RIDGEVENTSCLCLCLCLCLCLEDGEEDGECLCLCLCLCLCLEDGEEDGECLCLCLCLCLCLCLCLCLCLCLC(DRAFTSTOP TRUSS)(DRAFTSTOP TRUSS)(DRAFTSTOP TRUSS)LOFFICECLCLCLCLCLCLCLEDGE EDGEEDGEEDGEEDGEEDGE CLPORCHFFFFFFFFCBRV100 RIDGEVENTCLCLCLCLCLCLCLCLLCLCLCLCLCLBCLCLCL EDGE EDGERV100 RIDGEVENTARV100RIDGEVENT(2) RV100 RIDGEVENTS(2) RV100 RIDGEVENTS24" SIDE & ENDWALLOVERHANGS(2) RV100RIDGEVENTSA3'0" X 6'8" 5100 SERIES WALKDOORW/ 9-LITE & X-BUCKR.O.= 40 5/16" X 81 1/8"LEVER/LEVER KEYED LATCH3'0" X 6'8" 5100 SERIES SOLID WALKDOORR.O.= 40 5/16" X 81 1/8"LEVER/LEVER KEYED LATCH4'0" X 6'8" 5100 SERIES SOLID WALKDOORR.O.= 51 5/8" X 81 1/8"LEVER/LEVER KEYED LATCH4040 900 SERIES SLIDINGWINDOW W/ GRIDSR.O.= 48" X 48"5040 905 SERIES STATIONARY WINDOWR.O.= 60" X 48"5060 905 SERIES STATIONARYWINDOW W/ GRIDSR.O.= 60" X 72"3 PLY 2X6-30'(4 PLY 14" LVL)B3 PLY 2X6-24'(DRAFTSTOP TRUSS)24" SIDE & ENDWALLOVERHANGSCCONTINUOUSPROFILEVENTEFDCONTINUOUSPROFILEVENT4 PLY 2X8-22'SIDEWALL COLUMNSDDDDDDE3 PLY 2X6-22'3 PLY 2X6-20'SIDEWALL COLUMNS3 PLY 2X6-30'12' X 12'STALL12' X 12'STALL3 PLY 2X6-24'3 PLY 2X6-26'3 PLY 2X6-32'3 PLY 2X6-28'3 PLY 2X6-26'12' X 13'OVERHEAD DOOR12' X 13'OVERHEAD DOOR12' X 13'OVERHEAD DOORE1E2S1S2E1S1S212' X 12'STALLC48" X 12" TRENCHDRAIN TO DAYLIGHT(PER JOE SAINTDENNIS)(2/15/11)NORTH48" CUPOLA W/WEATHERVANEB3 PLY 2X6-26'3 PLY 2X6-28'3 PLY 2X6-32'3 PLY 2X6-34'3 PLY 2X6-26'3 PLY 2X6-28'3 PLY 2X6-32'3 PLY 2X6-34'3 PLY 2X6-26'3 PLY 2X6-28'3 PLY 2X6-32'3 PLY 2X6-34'3 PLY 2X6-34'3 PLY 2X6-28'3 PLY 2X6-32'3 PLY 2X6-26'12' X 12'STALLDBBA12' X 12'TACK ROOM3 PLY 2X10HEADERCEXISTING STORAGE12' X 12'WASH STALL48" CUPOLA W/WEATHERVANEEXISTING ARENA48" CUPOLA W/WEATHERVANE48" CUPOLA W/WEATHERVANE48" CUPOLA W/WEATHERVANEEXISTING STALL BARNB3 PLY 2X6-20'PARTITION WALLCOLUMNSMECHANICAL1/8" = 1"12' X 13'OVERHEAD DOORBCLCLCLCLCLCLB3 PLY 2X6-26'3 PLY 2X6-28'3 PLY 2X6-32'3 PLY 2X6-26'3 PLY 2X6-28'3 PLY 2X6-32'CL3 PLY 2X6-36'ADDITION DATE:DRAWN BY:SHEETOF9/14/2017PROJECT NAME:BUILDING DESCRIPTION:)D[ZZZUDPEXLOGLQJVFRP&RQWUDFWRU/LFHQVH1XPEHU,QGXVWULDO'ULYH32%R[:LQVWHG0LQQHVRWDJEREMY B.© All drawings and content copyright RAM Buildings Inc.Call RAM Buildings Inc. to obtain copies of this plan.Unauthorized reproduction of these plans is a violation of federal law.DESIGN NUMBER: P10119PROJECT NUMBER: (10-741)80'-0" X 24'-0" X 16'-0"ARENA ADDITIONROB & MARY KNIGHT22EAST ELEVATIONWEST ELEVATIONNORTH ELEVATIONSOUTH ELEVATION • Variance Hasselquist City of Elk *( =:,- dMi River 75-124-.43 ppAt i i F z , �_ 1 ae VIKING FSI Vf7 75-125-21 i4 •: � :. 75-125 1 75.125 910;1 _ - -210{1 75-7?5-12nn �,1 'N", 75-125-21.15 75-125-1205 4 �" 75-125-2d+U0 75- 25- 1 i rf 00 r: H . l t Variance Case Flo; ,T 17-08 River •: i A . - "te sibs ,dJ�w�y.,xrly'_'w • Board of Adjustments 0 BOA unanimously denied the request on 11 -28-17 0 Automatic appeal 0 Requesting additional 1 ,000 sgft 0 Exceeding allowed by 933 sqft 0 15,933 currently (1 attached, 4 detached) v �. Isnh��� onwith theene�� l �y � pose and intent of the ordinance, and 0 . . .is to provide for the orderly development of land 0 Most generous regulations of allowed sqft 0 16,000 {, 1 se .Af"ka.. .per 2004 — OA from 6,000 to 16,000 (a 266% increase) Due in part to hobby farms, extra vehicles, equipment, and "toys" City Council determined 16,000 sgft is a reasonable and adequate amount Request is not in harmony with the general purpose and intent of the ordinance v • 4. The_pli f t of the�etitione� is due to circumstances unique to the _p-rot)egy not a consequence of the_petition 's own action or inaction; and 0 The petitioner was aware of the size and layout of the existing accessory structures and their needs prior to purchasing the property 0 There are no unique circumstances to the property that would support a variance to exceed the allowed square footage • Public Hearing — Applicant 0 Equipment storage 0 Hay storage 0 Has city granted additional sgft in past? 0 One in 1997 0 Two in 1998 0 Prior to OA in 2004 • Board of Adjustments How much allowed if over 40 acres? It was the consensus of the Board that variance criteria # 1 and #4 are not satisfied • Action Requested Direct staff, by motion, to prepare a finding of fact denying the accessory structure size variance based on the findings Vle 1 • f �, �~ ' - .. a k