5.7 PCSR 06-27-1995 r-QITEM 5.7.
ity of � MEMORANDUM
Ak River TO: Planning
Commission
FROM: Gary Schmitz, Planning Assistant &Gulf
DATE: June 27, 1995
SUBJECT: Variance Request by Allan Hanse/
Public Hearing Case No. V 95-5
Request
The applicant is requesting a 25 ft. front yard setback variance from the
required 50 ft. setback from the Vernon Street right-of-way, to accommodate
a detached, 22 X 28 ft. (616 square foot) garage.
Location
• 21340 Vernon Street NW, Lot 9, Block 1, Greenhead Acres 3rd Addition.
Zoning/Land Use
Al (Agricultural Conservation) /A (Agricultural)
Attachments
• Location map
• Zoning map
• Site plan
• Letter from applicant
Background
Allan Hanse is requesting a 25 ft. front yard setback variance from the
required 50 ft. setback from the Vernon Street right-of-way. Mr. Hanse is
proposing to construct a 22 X 28 ft., 616 square foot, detached garage. The
subject site is approximately 3.76 acres in size, and consists of a partially
wooded site with a large wetland area near the rear of the parcel. The
topography of the subject site does drop from the street down to a large
• wetland basin at the rear of the parcel. The applicant's home was
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Public Hearing Case
V 95-5 continued Page 2
• constructed in 1983, and currently has an attached two car garage. There are
no other accessory buildings located on the subject site.
Analysis
The location the applicant has chosen for the placement of the detached
garage takes advantage of a small clearing which would not require the
removal of any trees. The location of the proposed detached garage would
also take advantage of the existing driveway. There are several mature oak
trees located in front and behind the proposed location of the detached
garage. The applicant's lot drops off approximately 50 ft. back from the front
property line. If the detached building was constructed to meet the required
50 ft. setback, it would require approximately 6 ft. of fill and the loss of
several mature oak trees.
There does appear to be ample room to construct the garage in the rear of the
parcel behind the home without the need for a variance or removal of trees.
However, the applicant plans to keep vehicles in the building, therefore, the
building would be much more convenient if it were located near the front
yard where it could take advantage of the existing driveway and front door of
the house. If the detached garage is constructed behind the home, a separate
driveway around the house would be required which may be aesthetically
ID
unpleasing.
Greenhead Acres 3rd Addition
The Greenhead Acres 3rd Addition subdivision was platted in the early
1980's, prior to the city ordinance requiring a 10 acre minimum lot size. The
lots in the Greenhead Acres 3rd Addition Subdivision range in size from
approximately 2 acres up to 8 acres in size. The 50 ft. front yard setback
requirement in agricultural zoning districts was meant for property which
had a minimum of 10 acres in size and several options for a house and
potential detached garage. The lots in the Greenhead Acres 3rd Addition do
not meet the 10 acre minimum lot size and it is difficult, in certain cases, to
meet the required 50 ft. setback.
Variance Requirements
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 Planning Commission to the applicant's letter
addressing the issues and five standards. Staff feels that there may be
adequate findings to grant the 25 ft. front yard setback variance. The
• applicant and staff discussed different options for the detached garage, which
v95-5/planning/pc
Public Hearing Case
V 95-5 continued Page 3
• would not need a variance. The applicant is concerned with saving as many
existing trees as possible and keeping the garage near the front of the home.
Topography also plays a part in the variance request, as the lot does fall
away approximately 50 ft. from the existing front property line.
Recommendation
Staff recommends approval of the 25 ft. front yard setback variance from the
right-of-way of Vernon Street, 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) The intent of the A-1 setback standards are for a 10 acre
minimum lot size. The lots in the Greenhead Acres 3rd Addition range
in size between 2 acres to 8 acres making it difficult in certain
situations to meet all the setback requirements.
III
3) 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.
4) 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.
•
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LOCATION MAP
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CASE
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P.O. Box 490 • 13065 Orono Parkway • Elk River, MN ;fz;;0 • f6111 ^t-7420
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ZONING MAP
CASE V 95.05
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