6.2, 6.3 ITEM 6.2. AND 6.3.
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/ River MEMORANDUM
TO: Planning Commission
FROM: Scott Harlicker, Planning Assistani4
IP
DATE: March 26, 1996
SUBJECT: Request by Paul and Paula Kowalzek
for Variance and Conditional Use
Permit, Public Hearing Case No.'s
V 96-2 and CU 96-3
Request
The applicant is requesting a 127.5 foot setback variance from the required 300
foot setback between a metal agricultural building and adjacent structures. The
applicant is also requesting a Conditional Use Permit to have horses on a
• platted lot of less than five acres.
Location
14225 214th Avenue NW, Elk River, MN., Lot 1, Block 1, North Meadows
Addition
Zoning/Land Use
Ria (Single Family Residential)/LR (Low Density Residential)
Attachments
• Location Map
• Proposed Site Plan
• Letter from applicant
Background
Paul and Paula Kowalzek are requesting a 127.5 foot setback variance to allow
placement of a metal agricultural building closer than 300 feet to the neighbors
house. Their property is located in the North Meadows subdivision, which was
• approved in 1993. The applicant's lot is about three acres in size and is located
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to Planning Commission Page 2
March 26, 1996
• at the northwest corner of County Road 32 and 214th Avenue. The surrounding
land uses include single family, farmland and vacant residential lots. The
applicant is also requesting a Conditional Use Permit to have horses on their
property. Agricultural uses (the keeping of horses) on a platted lot or a lot of
less than five acres requires a conditional use permit.
The applicant received a building permit to construct the pole barn in its present
location because they indicated that the building was going to be used for
storage, not for agricultural use. When the applicant started construction of a
split rail fence, the building inspector notified them that if they were going to
use the building for agricultural purposes it would have to be 300 feet from the
neighbor's house and the fence would have to be 200 feet from the neighbor's
house. It was at this point that they applied for the variance and conditional use
permit.
The applicant requires this variance because the building is metal and because
it is going to be used to house a horse. During the review of this request, some
confusion has arose relating to the application of setbacks for agricultural uses.
• It is unclear if the 300 foot setback from the adjacent residence for
agricultural buildings applies only if the building is constructed of metal. The
• Zoning Code lists metal skin agricultural buildings as requiring the 300 foot
setback. It is not clear if agricultural buildings constructed of other
materials, such as wood, require the same setback as metal buildings. It
would seem that they should.
• If it is the intent to keep a 300 foot separation between agricultural activity
and adjacent residences, the agricultural activity should be subject to the 300
foot setback; there should not be a distinction between building types. It
would also be easier to apply the setback requirement if the setback was
measured from a fixed point, such as a property line.
• Livestock fences are currently subject to a 200 foot setback. It is not clear
why it is ok to have livestock 200 feet from the adjacent house if they are
outside but they have to be 300 feet away if they are inside a metal building.
The Zoning Code also makes a distinction between platted property and
unplatted property.
• In the R1a zone and Al zone agricultural uses require a CUP if they occur on
a platted lot; it does not matter what size the lot is. A person could have a 10
acre platted lot and a CUP is required for agricultural uses. If that same
person had a 5.5 acre unplatted lot, they could conduct the same activity
without a CUP. It is not clear why there is a distinction between platted and
unplatted property. If proximity to neighboring residences is the concern, lot
s:\planning\scott\cu96-3.doc
Memo to Planning Commission Page 3
March 26, 1996
• size not based on platted or unplatted conditions should be a sufficient
criteria for determining if a CUP is required.
Subject Site
The property is about three acres in size, about 375 feet wide and 350 feet deep.
The site contains a house. The storage building has been constructed and split
rail fencing runs along the west property line and along the front from the west
property line to the storage building.
Variance
Analysis
There does not appear to be any physical, topographic or vegetative
constraints the would prohibit the applicant from complying with the 300
foot setback. Complying with the 300 foot setback would place the storage
building in the back yard.
Staff refers the Planning Commission to Section 900.40 of the Elk River
Code of Ordinances for the standards to consider when reviewing a
III variance. Staff also refers the Commission to the applicant's letter which
outlines their reasoning for this variance request.
It is not clear what undue hardship the applicant will face by complying
with the 300 foot setback requirement. As indicated previously, there is
enough room on the property to comply with the 300 foot setback. There
does not appear to be any special conditions that are unique to this site
that are not applicable to other properties in the area The variance should
not be detrimental to the health, safety and welfare of the neighborhood.
Recommendation
It is staff's opinion that this request does not meet the five standards
required to grant a variance based on the following findings:
1. The literal enforcement of the Ordinance will not cause undue hardship
for the applicant since there is enough room on the site to comply with the
setback requirement.
2. There are no special conditions such as topography, vegetation or
existing structures which are peculiar to this property.
IP3. Literal application of the Ordinance will not deprive the applicant of
property rights enjoyed by other properties in this neighborhood.
s:\planning\scott\cu96-3.doc
Memo to Planning Commission Page 4
March 26, 1996
III4. There are no special circumstances or conditions that are not a
consequence of the applicant's actions.
5. This property is located in an area that, even though it is zoned
residential, is generally agricultural and has a large lot residential in
character. The placement of a 33' X 33' metal building 182.5 feet from the
adjacent residence should not be out of character for this area.
Conditional Use Permit
Analysis
Agricultural uses are a conditional use in the Rla zone on platted
property or lots of less than five acres. This particular lot meets both
criteria. The City Ordinance, Section 908, requires 1 acre of pasture for
each horse. Since the applicant is proposing to have one horse, meeting
the one acre of pasture per horse requirement should not be a problem.
However, the applicant needs to indicate on the site plan where the
pasture will be located and the fence enclosing the pasture has to be at
least 200 feet from the adjacent residence.
• Recommendation
The application was compared to the seven standards for a conditional
use permit as found in the City Ordinance Section 900.42. It is staff's
opinion that this request complies with the seven standards for granting a
conditional use permit and, therefore, recommends approval of the
Conditional Use Permit to allow one horse on the property with the
following conditions:
1. The pasture area for the horse must be at least one acre in area.
2. The fence enclosing the pasture area must be at least 200 feet from the
neighbor's house.
•
s:\planning\scott\cu96-3.doc
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NY-LAND SURVEYII.1INVOICE N0. 5203
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LAND SURVEYORS
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944-, Proposed Top of Block o Denotes Iron Monument
1.41 T- Proposed Garage Floor 0 Denotes Wood Flub Set
7845 Brooklyn Blvd. Brooklyn Park,Minnesota 55445 For Excavation Only
X1411 L Proposed Lowest Floor
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Surveyor under the laws of the State of Minnesota. Sid I x, /1 c-tet-t,”
Sur edby0this 1210 -.day of OCTOBER —19 94
Milton E. Hyland, Minn. Req. No. 20262
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