5.1. BASR 09-25-2018
Request for Action
To Item Number
Board of Adjustments 5.1
Agenda Section Meeting Date Prepared by
Public Hearings September 25, 2018 Zack Carlton, Planning Manager
Item Description Reviewed by
Mississippi Oaks Development Company Chris Leeseberg, Senior Planner
Reviewed by
Lot Depth and Rear Setback Variance, Case
No. V 18-08
Action Requested
Approve, by motion, the variance request for a single-family parcel less than the required 130 foot lot
depth, and a 5 foot reduction from the required 20 foot rear yard setback as all five criteria required for
approval of the variance are met.
Background/Discussion
The applicant, Mississippi Oaks Development Company, is proposing to plat an existing outlot as a
buildable single-family parcel. The outlot was included in the Mississippi Oaks subdivision and included
the entrance monument for the area. The parcel had been maintained by the Mississippi Oaks
Homeowners Association, but the owner is now looking to sell this property as a single-family lot.
The property is zoned R-1c (Single-Family) and the ordinance includes a set of design criteria for
buildable lots. The following table compares the standard ordinance regulations to the proposed lot.
Standard Zoning Proposed Lot
Lot size: 11,000 SF ~24,400 SF
Front Yard Setback: 35 Feet 35 Feet
Side Yard Setback: 10 Feet 10 Feet
Garage Setback: 5 Feet 5 Feet
Rear Yard Setback: 20 Feet 15 Feet
Lot Width (corner): 100 Feet 300+ Feet
Lot Depth: 130 Feet 49 to 95 Feet
The reduced lot depth significantly reduces the buildable area of the lot, which is why the reduction to the
rear yard setback is included. The two variances create a buildable area that is 45 feet deep at the widest
point. The home and garage on this site will need to conform to the long and narrow buildable area, but
accessory structures will be permitted to follow the standard garage setback of five feet from the side and
rear property lines.
Applicable Regulations
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance is:
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
1. Is in harmony with the general purpose and intent of the ordinance
The parcel design standards (minimum lot depth and property setbacks) work together to ensure
parcels have enough buildable area to support a home, deck, garage, etc. while providing a buffer
between neighboring properties. While the reduced depth leaves a parcel with a shallow buildable
area and the reduced rear yard setback brings the home closer to the neighboring property than
would otherwise be permitted, the longer buildable area provides a future homeowner with the
opportunity to choose a home that fits this lot. For example, a deck may be placed in the side
yard rather than the rear yard.
The variance is in harmony with the general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The Comprehensive Plan guides this property for single family residential uses, and the proposal
is consistent with this guidance.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
The ordinance includes standards to ensure residential properties provide homeowners with
enough outdoor open space for living as well as accessory structures after a home is constructed
on the property.
The proposed lot is more than double the minimum lot size for the zoning district, and a home
designed to fit within the proposed setback area is a reasonable use not permitted by the zoning
ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of
the petitioner's own action or inaction; and
The property was originally platted as an outlot and used for an entrance monument and
landscaping. The HOA maintained the property until the group dissolved and maintenance fell to
the original developer. The property was platted with the intent to be managed by the HOA in
perpetuity, but that group no longer exists and the city has received complaints regarding
maintenance on the property as well.
The property is unique in that it was originally designed for use as an entrance feature, and the
current state is not due to the petitioner’s own action or inaction.
5. The variance, if granted, will not alter the essential character of the locality.
The surrounding properties are developed as single-family homes and the property will be
developed as a single-family parcel. The front yard setback of 35 feet is maintained, preserving
the appearance from the street, and the reduced rear yard setback of 15 feet is less than the
neighboring side yard setback of 10 or 5 feet.
The variance will not alter the essential character of the loyalty.
N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 18-08 Mississippi Oaks Development Corp. - Gwen Smith\\4-Planning
Commission\\5.1 sr MSP Oaks Dev.docx
Financial Impact
None
Attachments
Location Map
Applicant’s Narrative
Lot Exhibit dated July 30, 2018
Plat of Mississippi Oaks Fourth Addition
N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 18-08 Mississippi Oaks Development Corp. - Gwen Smith\\4-Planning
Commission\\5.1 sr MSP Oaks Dev.docx
The Outlot in Mississippi Oaks was created due to the necessity of aligning Fresno Street with
the existing street on the north side of County Road 30. The developer did not own the land to
the west. It was hoped, at the time, that the owner of the land to the west would be interested in
developing and would be able to share the additional land and frontage along Fresno Street. The
possibility of further subdivision is not available.
The depth of the Outlot does not allow for an adequate building envelope using the front and rear
setbacks appropriate for the existing zoning. A variance of the rear setback from the required 30
feet to 15 feet is requested to create a more viable building area. The land to the west is
landscaped yard area and the variance will have little impact from a reduced rear setback for the
Outlot. The area of the Outlot is slightly more than 0.5 acres. The reduced setback will also
allow for construction of a home which is more compatible with the construction in the
Mississippi Oaks development.
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MISSISSIPPI - OAKS FO UIQ TH ADDITION CITY U ELK RIVER,
SHERBURNE COUNTY, MN.
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For the purposes of this plot,
the orientation of this bearing KNOW All. PERSONS W THESE PRP9ENT3: That Misfimilppl Do" Development. No., a Minnesota Corporation, fee owner of the following described property situated in Me County of Sherburne. State of
system is based on the plat of Minnesota, to wit:
MISSISSIPPI OAKS. Outlet A. MISSISSIPPI OAKS.
Has caused the same to be surveyed and platted as MISSISSIPPI OAKS FOURTH ADDITION and do hereby dedicate to Ne City Of Elk River, for public use forever the eaumenb an shown on this plat for
drainage and utility purpose. only. Mae dedicating to the County of Sherburne the right to limit .occas to said County Highway No. SO as shown on this plat.
o Denotes 1/2 inch x 14 inch iron mom
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with o plastic plug stamped R.L.S. 13057. In wMeas whereof said iDasoelppi Oak. Development. Inc., has caused Mass presents to be signed by its proper officer this, ___ day of _ __. 20_
• Denotes iron monument found. NISSLSSIPPI MANS DISTI.OPMENy, INC.
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Gwen Smith. President —_ ------
Drainage and Hill, Easements me shown
State of lflnnesota. County of
thus:
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The foregoing was acknowledged before me this
—day of ______—. 2O__ by Gwen Smith. Resident, of Mlsateafppl Disks Development. Inc.. a Mlenevote Corporeton, on
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behalf of the CorperaROn
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Notary Public. __—_—_ ___— County. Minnesota
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My Commission expires:
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The foregoing was acknowledged before me this
—day of ______—. 2O__ by Gwen Smith. Resident, of Mlsateafppl Disks Development. Inc.. a Mlenevote Corporeton, on
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behalf of the CorperaROn
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Being 10 feet in width and adjoining
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right—of—way lines, also being 5 feet
in width and ad aining lot lines. unless
Notary Public. __—_—_ ___— County. Minnesota
otherwise indicated, as shown an Plat.
My Commission expires:
1 hereby certify that i have surveyed sad platted the lend. or directly eupervleed the surveying and platting of the land described on the plat as MISSISSIPPI OAKS FOURTH ADDITION; Chet tie plot
lot B a
meet repreantatlan of the boundary mammy; that all r
mathematical date end label. a correctly dion th
saffected e plat; that all monum is depicted on this plat have been correctly seta of tie date
of this certification• all wet lands and water boundaries and all public ways are shown end labeled as defined in Minnesota Statutes 605.01, Subd. S.
Lynn P. Caswell. Lend Surveyor
Minnesota U.. No. 15059
State of Minnesota. County of Sherburne
The foregoing Surveyor'. Certificate was acknowledged before me this _ day of
Notary Publ.. --
My Commission expires:
20__ by Lynn P. Caswell, Land Surveyor, Minnesota License No. 13057.
County. Minnesota
Approved and accepted by the City Council of the City of Elk Rives Sherburbe, County, Minnecto, at a meeting held oak the _—__ day of
Mayor
City Clerk
I hereby certify that proper evidence of title baa been presented to and examined by me. and I hereby approve this plat as to form sad esecution th0
Elk River City Attorney
20_.
day of
Pursuant to Sherburne County Ordinance Number oaks, I hereby certify that this plot has been checked and approved as la compliance with Chapter 805. Minnea.ta Statutes this day o!
20_
Sherburne County Surveyor
1 hereby certify that this plat hie bass reviewed by the Office of the County Highway Engineer. Dated this ______- day of _______. 20_
Sherburne County Highway Engineer
1 hereby cerilty laxas Payable In Me year __ on lends herein described are paid in full, and there an no delinquent taxem and that tropefer wen entered this __—_ day of
20---.
Sherburne County Auditar/Treaeufer
1 hereby certify that this instrument was Died In the Office of the County Recorder for record on this _ day of —__—_ 20__, at ___ o'clock ,ff
__X. end was
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duty recorded as Document No. _____. g� v C f1 T
Sherburne County Recorder
20__ _
JUL 31 2018
L A N D F O R M
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