5.2 PCSR 09-26-1995 �( �) ITEM 5.2.
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MEMORANDUM
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Riv 'eO: Planning Commission
FROM: Kendra Lindahl, Zoning Assistan
DATE: September 26, 1995
SUBJECT: Variance Request Dennis Kramer, Public
Hearing, Case No. V 95-8
Request
Mr. Kramer is requesting a 2,800 square foot variance to exceed the maximum
size of accessory structure area.
Location
20789 Meadowvale Road NW
• Zoning/Land Use
R1-a (Single Family Residential)/LR (Low Density Residential).
Attachments
• Land use map
• Zoning map
• Site Map
• Site plan
Background
Dennis Kramer is requesting a variance to exceed the maximum area of
accessory structures. Mr. Kramer's parcel is in the R1-a zoning district which
allows 2,000 square feet of attached and detached accessory structure area. Mr.
Kramer owns two adjacent parcels of land totaling 21.55 acres. The property he
will be building on is 12.37 acres and the second property is 9.18 acres.
•
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Analysis
• Mr. Kramer currently has a house and a 40 foot by 60 foot (2,400 square foot)
detached garage on his 12.37 acre parcel. The request is to add another 40 foot
by 60 foot (2,400 square foot) detached metal pole building. The total accessory
structure area, if the variance is approved, would equal 4,800 square feet, or
2,800 square feet greater than the ordinance allows. The reason the applicant
wants to construct the 40 foot by 60 foot metal pole building is to store his
collection of older tractors.
Variance
Staff refers the Planning Commission to Section 900.40 of the Elk River City
Ordinance for the five standards to consider when reviewing a variance request.
There are no special conditions or circumstances which are peculiar to the
subject site which are not characteristic to other properties in the same zoning
district. Other properties in the R1-a zoning district are subject to the same size
restrictions as the applicant. Staff could find no factors which make this request
unique from any other similar request.
Accessory Structure Ordinance
• At the direction of the City Council, staff will be proposing an ordinance
amendment in the near future that would increase the maximum area of
accessory buildings in the Al district to 3,440 square feet, which is an increase
of 440 square feet. In addition, the maximum area of accessory buildings in the
R1-a district would also be increased by 440 square feet to a total of 2,440 square
feet. The additional 440 square feet is the area of a typical two car garage which
is constructed with nearly every home. Staff is also considering adding language
for properties in the R1-a district which, if over 10 acres in size, would be
allowed 3,440 square feet for accessory building area, just as similar properties
in the A-1 district. Even if this amendment were in place today, Mr. Kramer
would exceed the maximum area by 1,360 square feet.
Recommendation
It is Staffs opinion that this request does not meet the five conditions for
granting a variance and, therefore, recommends denial of the variance to exceed
the maximum size of accessory structure area based on the following findings:
1. Literal application of the provisions of this ordinance will not
deprive the petitioner of substantial property rights, as he is
already 400 square feet in excess of the 2,000 square foot accessory
IIIstructure building area.
S:\PLANNING\KENDRA\V95-8.DOC
2. There are no special conditions or circumstances of the land or
• structure causing the need for a variance. Other property owners
in the area are subject to the same requirements for accessory
structures, therefore, the situation is not unique to Mr. Kramer's
property.
3. If the Elk River City Council votes to amend the ordinance as
proposed, Mr. Kramer could build a 1,040 square foot accessory
structure.
•
•
S:\PLANNING\KEN D RA\V95-8.DOC
212TH
211TH
210TH
209TH
208TH
207TH
208TH
205TH
204TH
20JRD
202ND
201ST
200TH
199TH
COMPREHENSIVE LAND USE MAP
HR High Density Residential
C8
Central Business
P
Public
HB
Highway Business
OS
Open Space
LI
Light Industrial
A
LR
Agricultural
Low Density Residential
MI
Medium Industrial
MR
?
Medium D
ens LY Residential
CASE V 95-8
ver P.O. Box -490 - 13065 Orono Parkway • Elk River, MN 55330 • (612) 441-7420
3:
212TH
i 211TH
210TH
209TH
200TH
207TH
200TH
205TH
204TH
203RD
v E
202ND
201ST
LOCATION R1a
ZONING MAP
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CV 95-8
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River
P.O. Box ^-SO 1-,0E5 Orono P2r'.<waV 0 -_'<_.--
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T09n1 AVENUE
N. W.
75-110-3210
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City of
Elk Ri•ver
13065 Orono Parkway • P.O. Box 490
Elk River. MN 55330
SITE MAP
CASE: V 95-8
9.18 ACRES
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N. W /
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ElkRiver
25-11E 3200
,ting house
W
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�°'Qexisting garage
25-tll-3205
PROPOSED garage
SLTE MAP
CAsc V 95-8
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