4.1.a. BASR 02-27-2018
The Elk River Vision
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Request for Action
To
Board of Adjustments
Item Number
4.1a
Agenda Section
Public Hearing
Meeting Date
February 27, 2018
Prepared by
Chris Leeseberg, Senior Planner
Item Description
David Barrett – 13936 196th Avenue NW - Case
No. V 18-02
Lot size variance
Reviewed by
Zack Carlton, Planning Manager
Reviewed by
Action Requested
Approve, by motion, the lot size variance (3 lots at 2.41 acres each) for the following reasons:
1. The general purpose and intent of the ordinance is to provide for the orderly development of
land. 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 residential use is reasonable and is permitted in the zoning ordinance.
4. The requirement of right-of-way is being imposed on the property by the city. The plight of the
petitioner is not a consequence of the petitioners own action or inaction.
5. With the proposed lot sizes, the variance will not alter the essential character of the locality.
Background/Discussion
The property is located at 13936 196th Avenue and is zoned R1-a. The applicant is seeking three
variances to create two new buildable parcels.
Parcels in the R1-a district are subject to the following regulations:
Lot size – 2.5 acres
o All three lots are proposed to be 2.41 acres in size (all three need a lot size variance)
Lot width – 160 feet
o One lot is proposed to be 160 feet wide
o One lot is proposed to be 220 feet wide
o One lot is proposed to be 108 feet wide (this one requires the lot width variance)
Applicable Regulation
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 general purpose and intent of the ordinance is to provide for the orderly development
of land. The ordinance allows 2.5 acre parcels in this zoning district. The gross acreage
allows for three parcels, as allowed by the ordinance, but the city is requiring the dedication
N:\Departments\Community Development\Planning\Case Files\V\V 18-02 Barrett\4-Board of Adjustments\V 18-02 sr-a PC 2-27-18 LOT
SIZE.docx
of right-of-way, reducing the available acreage. The general purpose and intent of the
ordinance are met.
2. Is consistent with the City of Elk River comprehensive plan.
The subject parcel is guided for residential which allows for orderly residential development.
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;
The applicant is proposing to use the property in a manner as permitted by the ordinance. A
lot size variance would not be required if the dedication of right-of-way were not required.
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 petitioner is not due to their own action or inaction. The requirement of
right-of-way is being imposed on the property by the city.
5. The variance, if granted, will not alter the essential character of the locality.
The essential character will not be altered as the subject property can support three parcels in
sizes comparable to the locale.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by an interested party by March 9, 2018, this item will go to the March 19,
2018, City Council meeting.
Attachments
Location Map
Applicants Narrative
Proposed Property Layout
Mark and Suzanne Barrett request variance to subdivide property at
13936 196th Ave NW
Elk River, MN 55330
We are applying for city variance to 1) split our 7.52 acre parcel into three 2.41 acre lots,
2) to allow driveway access through wetlands, and
3) to request a variance of roadway frontage from the 160 lf required.
The 3 lots would consist of an East lot which would be a future building site for a single family dwelling.
The middle lot is our residence of 38 years, a single family dwelling.
The West lot would be a future building site for a single family dwelling which includes an existing out
building.
All three lots will total 2.41 acres each, a variance from 2.5 acres, due to the city road easement, which
takes .37 acres overall.
The driveway access to the proposed East and West lots will impact wetlands. The driveway locations on
these 2 lots will show the least amount of impact to the wetlands. With the delineation survey, we can
utilize a de minimus exception, allowing us to impact up to 5% of the two basins.
The de minimus allowance for Basin A (proposed East lot) is 1630 sf and proposed driveway would
impact 1330 sf.
The de minimus allowance for Basin B (proposed West lot) is 1240 sf and proposed driveway would
impact 1120 sf.
Each of the 2 driveways would be 10’ wide with 6’ on each side for slope, which reflects the square
footage of total impact areas.
Each of the 2 driveways would require variance consideration for the 45’ setback from the approach
areas.
The Middle lot has an existing driveway and does not impact wetlands.
The final request for variance is the road frontage right-of-way for each of the 3 lots.
The city recommendation is 160 lf per lot. Our plan proposes 160 lf for the East lot, 108 lf for the middle
lot, and 220 lf for the West lot. The variations of the road frontage plan for the Middle and West lots
were arrived at to minimize the impact of wetlands with the proposed driveway locations.
The main purpose of our request is to create 2 buildable lots in the area, but due to ordinances in place,
we would need your consideration of variances to do so. We believe these 3 variances that we are
requesting in order to split existing lot into 3 lots is reasonable and would allow two more beautiful
building sites to the area. We believe this is in harmony with the general purpose and intent of city
ordinance. If granted, this will add to the character of the locality by the creation of two potential single
family dwellings in our neighborhood.
Thank you for your consideration,
Mark and Suzanne Barrett