5.1 PCSR 06-27-1995 ITEM 5. 1.
lriy of ,/
lkRiver MEMORANDUM
TO: Planning Commission
FROM: Gary Schmitz, Planning Assistant Geo.#19
DATE: June 27, 1995
SUBJECT: Variance Request by Dennis and Arlene
Mootz, Public Hearing Case No. V 95-4
Request
The applicant is requesting an eight foot front yard setback variance from the
required 50 foot setback from County Road 33 right-of-way to accommodate a
detached 14'x 20' garage.
Location
• 10213 209th Avenue NW, Elk River, MN. The east 400' of the SW1/4 of the
NW1/4 of Section 13, Township 33, Range 26.
Zoning/Land Use
A-1 (Agricultural Conservation) / OS (Open Space)
Attachments
• Location Map
• Zoning Map
• Site Plan
• Letter from Applicant
• Transportation Plan
Background
Dennis and Arlene Mootz are requesting an eight foot front yard setback
variance from 209th Avenue (County Road 33) in order to construct a
detached 14' x 20' (280 square foot) garage. The subject site is
approximately 12 acres in size, however, the majority of the parcel is on the
• back side of a very steep drop off. The parcel is zoned agricultural which
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
June 27, 1995
requires a 50' front yard setback. Due to the lay of the land and the number
•
of large mature trees, the applicant is proposing to construct the garage 42'
from the front property line in an area where no mature trees would have to
be removed.
Subject Site
The existing site has several large mature trees located throughout the
property. The southernmost area which is approximately 1 acre in size
contains the home and attached 2-car garage, garden, and one additional
small accessory building. The property drops off very quickly north of the
home with the sloping area consisting of hardwoods which extends down to a
wetland area in the northern half of the parcel. With the topography
constraints involved, the applicant only has approximately 1 acre of land to
conveniently locate the garage; therefore, the twelve acre lot size may be
somewhat misleading. The proposed placement of the garage on the property
takes advantage of an existing small opening where no trees would be lost
due to the placement of the garage. This one acre area is heavily wooded
with a small opening extending to County Road 33 near the front of the home
which extends to County Road 33 and a small garden area near County Road
33.
• There does appear to be an alternative location on the property to locate the
garage without removing trees which would meet the required 50 foot
setback. However, the location would be directly in front of the applicant's
home and would block their view to County Road 33. Therefore, there does
not appear to be a convenient location that would meet setbacks and not
involve the removal of several trees.
County Road 33
County Road 33 is currently a two-lane county road which has 66 feet of
right-of-way in front of the applicant's home. It should be noted that County
Road 33 does have the potential to be upgraded in the future with a widened
right-of-way of 100 feet (17 feet on either side of the existing right-of-way).
Therefore, if County Road 33 is upgraded and widened, the proposed garage
could be potentially located only 25 feet from the right-of-way. It should also
be mentioned that the proposed transportation section of the Growth
Management Plan shows that County Road 33 may take a different
alignment away from the applicants home and connect with County Road 31
to the east. Please see the attached transportation plan for the potential
realignment of County Road 33. If County Road 33 is realigned as proposed
in the transportation plan, the road in front of the applicant's home would no
• longer function as a county road and would most likely be turned over to the
s:planning:pc:v95-4
Memo to Planning Commission Page 3
June 27, 1995
• city and be maintained as a city street. If this portion of County Road 33 is
turned over to the city, it would most likely not need to be upgraded in terms
of width, therefore, the proposed 42' setback would be adequate.
Analysis
Staff refers the Planning Commission to Section 900.40 in the Elk River City
Code of Ordinances for the five standards to consider when reviewing a
variance. Staff also refers the Commission to the applicant's letter
addressing the issues and five standards. Staff feels that there are adequate
findings to grant the eight foot front yard setback variance. The applicant
and staff discussed different options for the detached garage which would not
need a variance. However, as noted in the applicant's letter and the memo to
the Planning Commission, these locations did not work for a variety of
reasons, namely that several existing mature trees would be lost and because
of the topography constraints due to the severe drop off immediately north of
the applicant's home.
Recommendation
Staff recommends approval of the eight foot front yard setback variance from
County Road 33 based on the following findings:
• 1) Literal enforcement of the ordinance would cause undue hardship by
the fact that applying the existing 50' setback standard would require
the loss of several mature oak trees or the placement of the garage in
an inconvenient area on the rear of the parcel away from the existing
home.
2) Hardship is caused by the topography of the site which makes it
difficult to construct a garage at the setback line due to the drop off
which would necessitate the need for extensive fill and the loss of
several mature oak trees.
3) The variance will not be detrimental to the health, safety and
welfare of the neighborhood and is in keeping with the spirit and
intent of the ordinance.
•
s:planning:pc:v95-4
- — V
/ ;
/ f
r (
1
/
I
1 N
V`
/ b0
C6
1
On cb)
•
t
Y-7I`
p0 o
v i
A
06
1\
S
0
c
e
4 ce
—r ' A °C - -
v -, r� J
'-*7
- 4e �l
1'1'Q� -1J AJv gas'rase�?�
I1' b L
* !Arlo --iree t,V 04s a \G\,
1ectns eas-i1zl D sCa/c—
• <
1,.1 C.:0 j S a J a G
5 I ei.firex• i).. acres +040,1l
w e
5 (', t?..) 3 3
• Dennis %?c Arlene Mootz
10213 - 209th Avenue N
Elk River, MN 55330
441—$860
May 8, 1995
•
City of Elk River
13065 Orono -Rd.
Elk River, MN 55330
To Whom It May Concern:
Re : Variance from 50 foot front set-back
We would like to construct a barn-style shed on our property
that would be 14 feet by 20 feet and would be used for storm-e
as well as for some hobby space . Because of the configuration
of our property we are unable to place it on a site that would
conform to the 50 feet set-back requirement.
In site of the size of the overall property, there is very
little buildable area, and of that area most of it is wooded
with large trees. We are concerned about having to take down
any of the large trees. There is a ridge that drops off steeply
about 125 feet from the front property line , and that is just
behind the house. There is a lawn east of the driveway that
is approximately 100' x 50' . The only area there that would
comply with the 50' set-back would place the shed right in front
of the front door.
To the. West of the driveway there is a clearing just off the
end of the turn-around. If we could place the building there
we would not have to cut down any trees, but it would place the
building only 42 feet from the front property line . There is a
larse tree that leans to the east at the northwest corner of the
shed site that prevents us from going even a few more feet north.
There are additional large trees between the proposed site and
the ridge . Beyond the ridge there is about 250' of woods, then
a marsh and then Eagle Lake .
The site we propose seems to be our only option in order to
have this building. We would be very reluctant to lose any of
the large trees since that is in large part why we like our
location.
Thank you for considering our request . We hope you agree that
this is a unique situation and the proposed site is the best
solution for the natural beauty of the area as well.
• Sincerely,
41---i
\ ,))
�1 2IJM
:,1 7
2:
PROPOSED TRANSPORTATION PLAN , I ----I . I
L______\y 1- 41 .- ill
- dbm 1 Ti
1 i__ 1
77 PO
I /) 1 i r
a _ ,..._s__________. __ ________ , . 1
1
,_______,,, _ ! 20.i.
�1
/7fr 4%4.,
'p _+ i _....,
I ,, ,
---1 x06M
,-- j III . • T >�M
t
ii 1
��.• \ (`r`] IOM
• ' i ,-. Ili._
1 __ t
7
S f _-�
a ; r 4
1 -----1 .
1 , .
Mitt [9:11111111 1____I �- , xoxwo
_-J� ■ xolsl
i• _ /%11, -- r I1111
t
...sm. au
44::_„*
•
•
TIM
, 't/lNl11j r ii /�-- ..,_. __, 1991,1
r "
iiir : 1 . 7-p \\ ,
__ 9aM
'y 197114
li
T —
1 1 • 1 1 r • •
kr' .
•
1
____ _
i 96TH
E---- A.aim- • I - - P_ ___ ___, rj ,..i
----I ffif j1111111.141111,rillif. I . .
,....,..,\ [ . Lvel, ��� pia
• - _- ., ♦ I 19.M
4 k 64
it
I 1
`� � 4i _ 7����Ht /�j/��p.I►�►1 i' �•"'i \ iii igMilk ii 7.1.. a Irrr• , j 1►xro
mit
ii--4'. ,
_____TIPIP1,11:
#Vittli ,t--
I uu �► is ` I 9xa
ut : \
10.1 4l IAV -- i 'inn, p Ametre IP
•
leg
/ / i 1 ‘ 191H
•
•
-- •,.
1
•
CJ ? l
LOCATION MAP
City off �a_
Elk � "River
CASE V 96-4
P.O. Box 490 • 13065 Orono Parkwav 0 Elk River_ m\i ;:::rn .
ZONING MAP
21
21
21
21
21
21
21
2C
2C
2C
2C
J+%
�
o[
jkiverP...
4ykCASE V 95.04 Box 490.13065 Orono Pa
ri:way Eik River. yN 553,0 , /��"�—�i_--'?0