5.1 ITEM 5.1.
ty of
k River MEMORANDUM
TO: Planning Commission
FROM: Kendra Lindahl, Zoning Assistants , '
DATE: July 23, 1996
SUBJECT: Variance Request by Jerry Kunza,
Public Hearing Case No. V 96-08
Request
The applicant is requesting a variance to encroach on both the front and the
side yard setback requirements.
Location
10313 Twin Lakes Road NW, Elk River, MN 55330
• PID #75-125-2300
Zoning/Land Use
R-la (single family residential)/LR (Low Density Residential)
Attachments
• Location Map
• Site Plan
• Letter from Applicant
Background
The applicant is requesting a 25 foot variance from the required 35 foot front
yard setback and a 10 foot variance from the required 20 foot side yard
setback. The proposed pole building will be 10 feet from both the front and
side lot lines. The front property line is located off of a private driveway
which serves only one residence and a farm field north of the applicant.
The applicant is limited as to where the storage building may be placed
• because the land drops off to the west of the existing yard barn, and would
require a significant amount of fill in order to create a suitable building site.
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo to the Planning Commission Page 2
July 23, 1996
• The drain field is located in the only flat part of the property. Requiring the
pole building to meet the required setbacks will result in the loss of one or
two mature trees, as well as a significant amount of fill. In the past, the
Planning Commission and City Council have used tree preservation as a
finding in granting a variance.
The applicant is proposing to build a 1,620 square foot storage building on
the property. The applicant currently has a 240 square foot yard barn, and a
660 square foot attached garage on the property. With the addition of this
pole barn, the applicant will have 2,520 square feet of accessory structure
area. Properties in this zoning district are allowed a maximum accessory
structure area based on the parcel size:
• 1 acre to 2.5 acres are allowed 2,500 square feet of accessory structure
area.
• >2.5 acres to 5.0 acres are allowed 3,000 square feet of accessory structure
area.
This parcel is 2.5 acres and is allowed 2,500 square feet of accessory structure
area. The applicant has proposed 2,520 square feet of accessory structure
area. This is 20 square feet more than is allowed by ordinance. The
applicant will need to reduce the size of the proposed pole barn by at least 20
III square feet.
The yard barn is located in the proposed location of the new storage shed, and
will be moved to the rear of the property near the garden.
Variance
This property is subject to the normal standards found in section 900.40 of
the Elk River Ordinance which states that a variance may only be granted if
it meets the five conditions outlined.
Recommendation
Staff recommends approval of the variance request to allow a 10 foot front
yard setback and a 10 foot side yard setback, based on the following findings
and conditions:
Findings
1) The literal enforcement of the ordinance would cause undue hardship
because the applicant would not be able to meet setbacks for the pole
building without adding a significant amount of fill or cutting down
• mature oak trees.
s:\planning\kendra\v96-08.doc
Memo to the Planning Commission Page 3
July 23, 1996
• 2) That the hardship caused by the topography of the site, which makes it
difficult to contract a building at the setback line, due to the drop-off,
which would require extensive fill and the loss of several mature trees.
3) That the special conditions and circumstances are not a consequence of
the petitioner's own action or inaction, but rather a result of the
topography of the site.
4) That the variance will not be injurious to or adversely affect the
health, safety or welfare of the residents of the City or the
neighborhood wherein the property is situated and will be in keeping
with the spirit and intent of the Ordinance.
Conditions
1. That the proposed pole barn does not exceed 1,600 square feet, in order to
comply with the maximum accessory structure area allowed in this zoning
district.
2. The proposed pole barn will be moved as far south as possible without
requiring cutting down the mature trees located on the property.
3. The existing yard barn and dog kennel will be moved to the rear of the
property and both will be required to meet all setbacks.
•
•
s:\planning\kendra\v96-08.doc
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10313 Twin Lakes Road
Elk River, MN 55330
• June 24, 1996
TO: City of Elk River
FROM: Jerry and Linda Kunza
SUBJECT: Letter of Explanation for Variance on Property Number 75-125-2300
We would like to build a 36 X 45 foot Morton storage building on our property. However, instead of
the 35 foot frontal setback and 20 foot side setback, we would like a 10 foot front and side setback.
The proposed building would be built on the northeast corner of our property.
Our property is located off of a private driveway off of Twin Lakes Road. There is a 66 foot road
easement on this driveway which was kept by the owner for access into a meadow which borders our
property on the north side. We are responsible for maintaining this driveway with gravel, grading,
snow removal, etc.
We would like the proposed building to be accessible from this private driveway. Our lot slopes
severely away from the driveway and has mature oak trees on it. At the proposed location we will
• have to add 8 feet of fill on the back side and 2 feet of fill on the front side. If I go any further back, I
will be closer to a mature oak tree which has a drainfield behind it and I will be further down the hill
and will need more fill. If I go further away from the side lot line, I will be very close to another oak
tree.
To make this building accessible from the private driveway without removing any mature oak trees
and have it aesthetically pleasing, I believe this is the only possible location. Of the seven neighboring
parcels within 350 feet of my property, four of them have pole storage buildings, so I don't believe my
building will be out of place.
We also tried to purchase the meadow so we wouldn't have to get a variance, however the owner,
Lucille Schulke, didn't want to sell at this time.
To build this proposed building we will have to move a 12 X 20 foot storage building and add the
necessary fill to make this site buildable. We believe this is a good plan and would appreciate your
careful attention to this variance request.
Sincerely,
JQrry Kunza
• teff, "' .4"-j
Lin Kunza
0
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City of
Elk River
13065 Orono Parkway • P.O. Box 490
Elk River, MN 55330
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LOCATION
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LOCATION
CASE: V 96-08
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