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ty of / MEMORANDUM
,lk River TO: PLANNING COMMISSION
FROM: TROY LANGER, PLANNING INTERN ii.7)
DATE: JANUARY 24, 1995
SUBJECT: VARIANCE AND CONDITIONAL USE
PERMIT REQUEST BY ANTHONY
FROLAND, PUBLIC HEARING, CASE
NO. V 94-17 AND CU 94-38
REQUEST
Mr. Anthony Froland has submitted an application for an approximate 693
foot variance request from the accessory structure size requirement and a
conditional use permit to construct an accessory structure within the
floodway district of a river or stream.
III LOCATION
10311 181st Avenue, SW Quarter of the SW Quarter of Section 36, Township
33, Range 26, Elk River, MN.
ZONING / LAND USE
R-la (Single Family Rural Residential) / LR (Low Density Residential)
ATTACHMENTS
Location Map, Zoning Map, Site Map, Copy of "Stop Orders", Letter from
D.N.R.
BACKGROUND
Mr. Froland began construction of an accessory structure in August of 1994
without obtaining a building permit. The Building and Zoning Department
observed the construction of this accessory structure and discovered that an
application for building permit had not been completed. Mr. Froland was
then issued a "Stop Order" by the Building and Zoning Department on
August 31, 1994. At the time of the "Stop Order", only a wooden frame
III
existed for the accessory structure. Because a response had not been
received, the Building and Zoning Department made a second visit to the
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
PC, Anthony Froland Page 2
January 24, 1995
• site. On September 12, 1994, a second "Stop Order" was issued to Mr.
Froland. Upon the second visit to the site, it was observed that Mr. Froland
had continued construction of the accessory structure. At this time the walls
and roof were partially completed for the accessory structure.
On two (2) separate occasions, Mr. Froland had been ordered to stop
construction of the accessory structure until a building permit had been
approved. According to City Records, Mr. Froland has completed building
permits in the past for other accessory structures. Staff is of the opinion that
Mr. Froland was aware that a building permit was required for the
construction of the accessory structure.
Since Mr. Froland has already began the construction of the accessory
structure, denial of the variance and/or the conditional use permit may result
in the requirement of removal of the addition.
INTRODUCTION
Variance Request
• Mr. Froland intends to construct an addition to an existing accessory
structure. The proposed addition is thirty (30) feet by thirty (30) feet for a
total of nine-hundred (900) square feet. There are currently two (2) accessory
structures located on the property. One of the structures is twenty (20) feet
by twenty (20) feet, four-hundred (400) square feet, and the other accessory
structure is thirty (30) feet by thirty (30) feet, nine-hundred (900) square feet.
There is also a two (2) stall garage attached to the house which is also located
upon the property. The garage is approximately four-hundred and ninety
three (493) square feet. The total accessory structure and attached garage for
Mr. Froland's property is currently 1,793 square feet. City code allows up to
2,000 square feet of attached garages and accessory buildings. With the
proposed addition, the total amount would be 2,693 square feet. Because this
amount exceeds city code requirements, Mr. Froland needs a variance to
construct the proposed addition. The variance request is for an additional
six-hundred ninety three (693) square feet.
Conditional Use Permit Request
The proposed addition is also located within the floodway district (F.W.). In
order to construct a structure within the floodway district, the applicant must
receive approval of a conditional use permit from the City Council. Trott
• Brook is located approximately one-hundred thirteen (113) feet to the north
of the proposed addition. Mr. Froland meets the setback requirements from
pc-froland.troy
PC, Anthony Froland Page 3
January 24, 1995
0
this stream, which is one-hundred (100) feet, but must receive approval of a
conditional use permit to build within the floodway district. According to city
code (Sect. 902.02), floodway is defined as "the bed of a wetland or lake and
the channel of a watercourse and those portions of the adjoining floodplain
which are reasonably required to carry or store the regional flood discharge.
All existing accessory structures on Mr. Froland's property are also located
within the floodway district, but have a legal non-conforming status. These
structures were located within the floodway district prior to the
establishment of this requirement upon that area. Alterations,
modifications, and/or additions to these structures are not allowed without
the aid of a conditional use permit. The accessory structure is being proposed
as an addition to an existing accessory structure, which is already located
within the floodway district, and would be located within the floodway
district regardless of which side of the building it could be located. It is not
possible to locate the proposed addition onto the existing accessory structure
without being located within the floodway district.
APPLICANT'S REASON'S FOR VARIANCE
illWhen reviewing an application for a variance request, staff reviews the five
(5) standards outlined in the city code that apply to a variance. Mr. Froland
has not indicated how his request meets the five (5) standards of the variance
requirements. Instead, Mr. Froland has mentioned in conversation that he
currently owns approximately forty (40) acres and the proposed addition
would not be unusually large or create an unsightly structure on his lot.
Because of the large size of the property and the agricultural use of the site,
Mr. Froland feels that the proposed accessory structure addition would be
similar to other farmsteads in the city.
ANALYSIS
The Department of Natural Resources (D.N.R.) has been contacted in regard
to this item and made comments related to the conditional use permit. The
D.N.R. has mentioned that if the accessory structure remains a "pole type"
building and the exterior siding allows the free flow of water below the one-
hundred (100) year flood level, it may not cause an increase in the one-
hundred (100) year flood stage. The D.N.R. also mentioned that a condition
should be attached with the conditional use permit that would restrict any
future modification of the accessory structure. The D.N.R. is not opposed to
the conditional use permit request as long as these guidelines are followed.
•
pc-froland.troy
PC, Anthony Froland Page 4
January 24, 1995
•
According to City Code, no structure shall be allowed as a conditional use
that will cause any increase in the stage of the one-hundred (100) year or
regional flood or cause an increase in flood damages in the reach affected.
Accessory structures shall be constructed and placed on a building site so as
to offer the minimum obstruction to the flow of flood waters.
The proper procedure for conditional use permits and variance requests
should include applying for the necessary permits and receiving approval
before construction begins. Staff is concerned, that because of the sequence of
events, this request may result in a trend where individuals first begin
construction and then apply for the necessary permits. Individuals that may
feel they have a poor chance of getting approval of the necessary permits may
decide to begin construction of the structure in order to improve their chance
of getting approval.
Mr. Froland intends to use the accessory structure for agricultural purposes.
Because the proposed structure is metal skinned, it will have to meet a three-
hundred (300) foot setback from all surrounding property. The proposed
structure meets this requirement.
• Approximately a year ago, the City of Elk River amended the zoning
requirements for the accessory structure ordinance. In the A-1 (Agricultural)
zoning district, parcels that have greater than forty (40) acres are exempt
from restrictions on accessory structures. Prior to the amendments, parcels
in the R-la zoning district were exempt from the accessory structure
requirements. This amendment from the accessory structure ordinance did
not include language exempting accessory structures in the R-la zoning
district. It is unclear to staff why this amendment did not include the R-la
zoning district. Although this requirement no longer applies in the R-la
zoning district, it may be a consideration.
Mr. Froland currently owns approximately forty (40) acres. His property is
divided into two (2), twenty (20) acre, parcels. The reason given to staff for
the division of the forty (40) acre parcel into the two (2), twenty (20) acres,
parcels was because of mortgage requirements.
RECOMMENDATION
Variance Request
Staff recommends approval of a six-hundred ninety three (693) foot
IIvariance that would allow Mr. Froland to construct a thirty (30) foot
pc-froland.troy
PC, Anthony Froland Page 5
January 24, 1995
IIIby thirty (30) foot addition to an existing accessory structure based
upon the following findings:
1) THE LITERAL APPLICATION OF THE ORDINANCE WOULD
DEPRIVE THE PROPERTY OWNER SIMILAR RIGHTS
ENJOYED BY OTHER LARGE AGRICULTURAL PROPERTIES
IN THE R-1A ZONING DISTRICT.
2) BECAUSE OF THE UNIQUE SIZE OF THE PROPERTY, FORTY
(40) ACRES, IN A R-1A ZONING DISTRICT, LITERAL
APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE
PROPERTY OWNER THE ABILITY TO MAINTAIN AN
AGRICULTURAL USE, WHICH REQUIRES LARGER
ACCESSORY STRUCTURES.
3) THE ACCESSORY STRUCTURE WILL NOT BE INJURIOUS TO
THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS
OF THE CITY.
• Conditional Use Permit Request
Staff recommends approval of the conditional use permit for Mr.
Froland to construct a thirty (30) foot by thirty (30) foot addition to
an existing accessory structure located within the floodway district
with the following conditions:
1) THE ACCESSORY STRUCTURE REMAINS A "POLE TYPE"
BUILDING AND THE EXTERIOR SIDING ALLOWS THE FREE
FLOW OF WATER BELOW THE ONE-HUNDRED (100) YEAR
FLOOD LEVEL.
2) NO FURTHER ALTERATIONS AND/OR MODIFICATIONS
SHALL OCCUR ON THE ABOVE MENTIONED ACCESSORY
STRUCTURE.
3) IN CASE OF A FLOOD AND/OR IN FLOODING CONDITIONS,
ALL MATERIAL LOCATED WITHIN THE ABOVE MENTIONED
ACCESSORY STRUCTURE, THAT MAY IMPEDE THE FREE
FLOW OF WATER, BE IMMEDIATELY REMOVED SO AS TO
NOT CAUSE AN INCREASE IN THE ONE-HUNDRED (100)
• YEAR FLOOD STAGE.
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CASE:
CU 94-38
V 94-17
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Building and Zoning Department Building and Zoning Department
STOP ORDER STOP ORDER
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This building and (or) parcel does not meet all This building and (or) parcel does not meet all
state and local building codes or is in violation state and local building codes or is in violation
of the Elk River City Ordinance. All building or of the Elk River City Ordinance. All building or
other activities must stop at once. Violations other activities must stop at once. Violations
are listed below. are listed below.
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Please call 441-4900 before any activity is resumed. Please call 441-4900 before any activity is resumed.
Failure to contact our department could result in Failure to contact our department could result in
possible legal action. possible legal action.
City of Elk River City of Elk River
13065 Orono Parkway 13065 Orono Parkway
Elk River, MN 55330 Elk River, MN 55330
F — \ - (--1 L! 1 � ( _\ ,L `'� ��
TE INSPECTOR DATE INSPEC•
i III
9 1995
n�STATE
�JnT A T E OF
U�J LI n z cpuQ
DEPARTMENT OF NATURAL RESOURCES
• Division of Waters, PO Box 370, St. Cloud, MN 56302
PHONE NO. 612/255-4278 FILE NO.
January 13, 1995
Gary Schmitz
City of Elk River
PO Box 490
Elk River, MN 55330
Dear Mr. Schmitz:
Floodway Conditional Use, Case #94-38, City of Elk River
As requested, I have reviewed the information regarding the above referenced conditional
use permit. As I recall, you and I also viewed this site this past fall.
An accessory structure may be allowed in the floodway only if the standards outlined
under Section 902.06, subpart 4, A, B, C, E, and F of your Floodplain Zoning Ordinance
• are adhered to.
If the accessory structure remains a "pole type" building and the exterior siding allows the
free flow of water below the 100-year flood level, it would be conceivable that the
structure should not cause an increase in the 100-year flood stage. Appropriate
conditions should be put on the conditional use permit that restricts any future
modifications to the physical building structure or what may be stored in the building.
As long as these guidelines are followed as well as any other requirements outlined in
your zoning ordinance, our office will not oppose the conditional use request.
If you have any future questions pertaining to this issue, please give me a call. Thank
you for the opportunity to comment on this matter.
Si cerely,
Dan Lais
Area Hydrologist
• hh
c: Dave Hills, Regional Hydrologist
AN EQUAL OPPORTUNITY EMPLOYER