5.2 PCSR 02-28-1995 ( > ITEM N0. 5.2
tAk
ity of / Ri�ver MEMORANDUM
TO: Planning Commission
FROM: Gary Schmitz, Planning Assistant
DATE: February 28, 1995
SUBJECT: Variance Request by Don Schumacher,
Public Hearing Case No. V 95-1
Request
Mr. Schumacher is requesting an eight (8) foot front yard setback variance
request from the Manor Place right-of-way to accommodate a ten (10) foot
addition to the south side of his home.
Location
• 212 Norfolk Avenue, northeast corner of the intersection of Norfolk Avenue
and Manor Place.
Zoning/Land Use
Rlc (Single Family Residential) / MR (Medium Density Residential).
Attachments
• Location Map
• Zoning Map
• Site Plan
• Letter from the Applicant.
Background
Mr. Schumacher is requesting an eight (8) foot front yard setback variance
from Manor Place to put a ten (10) foot addition on the south side of the
existing 3-season porch and convert it to a year-round family room. The
parcel measures 120 feet by 187 feet (1/2 acre in size). The home was built in
1929 and has a colonial-style architecture. The subject parcel is a corner lot
• which must meet a thirty (30) foot setback from the front property line along
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
February 27, 1995
• both Manor Place and Norfolk Avenue. The home which faces on Norfolk
Avenue is set back fifty-four (54) feet from the front property line along
Norfolk Avenue and thirty-two (32) feet from the front property line along
Manor Place. The topography of the site falls seven (7) feet from the
northwest corner to the south lot line along Manor Place. A 10' foot variance
would mean that the home would be located 22' feet from the front property
line along Manor Place.
Existing Neighborhood
Most of the homes in this immediate area were constructed from the 1920's
through the 1940's. There are very few records from this time period showing
when these homes were constructed. Through the aid of aerial photographs,
it appears that several of the homes were constructed very close to the side
property lines. In fact, the neighboring home to the north of the subject site
appears to be located approximately five (5) feet from the subject site's north
property line. Therefore, it appears that some precedent for decreased side
setbacks has been established in this older neighborhood. However, it does
appear that most of the homes meet the existing front yard setback
requirements from Norfolk Avenue. The applicant's parcel is a corner lot
which is required to meet the front yard setback on both frontages which
• leaves fewer options for the applicant.
Analysis
Staff refers the Planning Commission to Section 900.40 in the City of Elk
River Code of Ordinance for the five standards to consider when reviewing a
variance. Staff also refers the Commission to Mr. Schumacher's letter
addressing the issues and five standards. Staff feels that there are adequate
findings to grant the eight (8) foot front yard setback variance. The applicant
and staff discussed several different options for an addition which would not
need a variance, however, as noted in the applicant's letter, these locations
did not work for a variety of reasons, namely that the colonial style
architecture would be jeopardized with a poorly placed addition. There is also
precedence established in this older neighborhood where several structures
are non-conforming in terms of existing setback standards. Therefore, the
proposed setbacks would not be out of character with the general area.
Although alternative sites exist for placing the family room addition without
the need for a variance, it would jeopardize the unique colonial architecture
associated with this home. Mr. Schumacher's home was constructed before
any of the current setback standards were in place and it is extremely
difficult to modify his home without jeopardizing the architecture and meet
• all the current setbacks. The topography and location of the existing
c:planning:pc:v95-1
Memo to Planning Commission Page 3
February 27, 1995
driveway would also make it very difficult to add a family room addition in
other locations.
It should be noted that it is important for the City to encourage
improvements in older sections of the City to ensure that the vitality of these
neighborhoods remains strong.
Recommendation
Staff recommends approval of the eight (8) foot front yard setback variance
from Manor Place based on the following findings:
1. Literal enforcement of the ordinance would cause undue hardship by
the fact that applying the existing setback standards would require the
addition to be built elsewhere which would jeopardize the unique
colonial architecture associated with the house.
2. The literal application of the provisions of this ordinance would
deprive the petitioner of rights enjoyed by other properties in the same
neighborhood due to the fact that a precedent has been established in
this neighborhood for non conforming setbacks. Therefore, this
• proposal would not be out of character for the neighborhood.
3. The existing home was constructed in 1929 when different setback
standards, if any, applied. The applicant had no control over where
the existing home was located. It is difficult to retrofit a home built in
1929 to meet the existing setback standards.
4. The variance will not be detrimental to the health, safety, and welfare
of the neighborhood and is keeping with the spirit and intent of the
ordinance.
•
c:planning:pc:v95-1
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• January 30, 1995
Attn: Gary Schmitz
City of Elk River
P.O. Box 490
Elk River, MN 55330
Re: Variance Application
212 Norfolk Ave.
Dear Gary:
Enclosed are the following.
1 . Variance Application
2 . Application Fee
3 . Agreement to Pay Costs
4 . List of Adjoining Property Owners
5 . Plat Map
I did leave a Site Plan with you last week. If additional
detail is needed, please let me know.
The proposal is to add 10 feet to the south side of the
existing three season porch and convert it to a year round family
room. We offer the following in support of our application.
In order to add a main floor family room of sufficient size,
we have no choice but to expand the existing floor plan. The
obvious expansion is on the side to the south. Not only for the
southern exposure, but also to insure that the addition can be
aesthetically consistent with the existing colonial style. An
expansion to the front or back simply would not be compatible with
that style. And an expansion to the north is not possible because
there is no room to the north.
We did consider other configurations to the proposed
expansion. One possibility was to expand the three season space
across the entire south side of the house. That approach would
close off the only south window in our living room. The pitched
roof would also then close off the window in the second floor
bathroom. That window is located in the center of the fireplace
chimney and restricts our options . To expand to the east beyond
the east line of the house presents problems . One is that it would
not be in keeping with the colonial style. Also, there is a 3 to
4 foot drop to the driveway to the east.
-2-
Our house is located on a corner lot. It fronts on Norfolk
Avenue and is set back 52 feet from the front. The proposed
addition is toward the side street, Manor Place, where the current
setback is 32 feet. Even with the addition, the side street
setback would still be 22 feet. We believe that the side setback
is the appropriate standard in this case because the house clearly
fronts on Norfolk Avenue . There are several examples of side
setbacks in our neighborhood which are less than the current 10
foot requirement. Our own garage and Palm' s house to the north are
less than 5 feet from the side . These houses were all located and
built long before the current setback requirements were
established.
Our lot is 120 feet on Norfolk Avenue and 187 feet on Manor
Place. It is approximately a half acre and is the largest lot on
our block. See the enclosed plat map. The house with the proposed
addition is still well within the capacity of the lot .
Our house is a classic colonial built in 1929 on a large
corner lot in a unique area of Elk River. A main floor family room
is generally a requirement of buyers of our size house in today' s
market. The addition of a main floor family room in keeping with
• the colonial style will only add value to our neighborhood.
We respectfully request approval of the proposed variance. If
you need any additional information, please let me know.
Yours very truly,
Donald A. Schumacher
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SUBDIVISION
LOCATION
75-402-0021
SITE MAP
CASE V 95.01
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r e1 P.O. Box 490 • 1306; Orono Parlvvav • Elk R°.v
er. V(ti