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5.1. BASR 11-27-2018Request for Action To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public Hearing November 27, 2018 Chris Leeseberg, Senior Planner Item Description Reviewed by Gerald S. Sizer, 22300 Jarvis St. NW - Zack Carlton, Planning Manager Case No. V 18-09 Reviewed by  Variance to allow 6 accessory structures Action Requested Approve by motion, a two (2) accessory structures variance for the following reasons: 1. The general purpose and intent of the ordinance is met. 2. The property has a land use of residential and the use is consistent with the comprehensive plan. 3. The proposed use is reasonable and is permitted in the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioners own action or inaction. 5. The variance will not alter the essential character of the locality. and with the following condition: 1. The two properties (22362 & 22300 Jarvis St.) shall be combined prior to the variance being recorded with Sherburne County. Background/Discussion The properties are located at 22362 & 22300 Jarvis St. and is zoned R1a Single Family Residential. The zoning district and lot size (5 acres or larger) allow for four detached accessory structures per lot. There are currently five accessory structures on 22362 Jarvis St. and four accessory structures on 22300 Jarvis St. The northern lot has five accessory structures, one being a legal non-conforming structure. The southern parcel has four accessory structures. They will be removing three of the structures from the southern parcel. The applicant will be combing the two parcels into one 38.27 acre parcel. The ordnance does not regulate the number of structures on parcels 40 acres or larger, but limits the total square footage to 2% of the lot area. The applicant is seeking a variance to allow a total of six accessory buildings on one parcel, which will be a combination of the two existing parcels. Applicable Regulation (The applicant’s responses are italicized with staff’s notes after.) The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The total number of buildings is 2 less than permissible for the two separate parcels. That should be in harmony with the intent of the ordinance. The intent of the ordinance is to limit the number of accessory structure in a given area. In this area, the city council has determined four accessory structures per lot are acceptable. The applicant currently owns two parcels which would yield a total of eight accessory structures between the two parcels. They will be combining the two parcels into one 38.27 acre parcel while maintaining 6 accessory structures, two less than what is allowed with the current configuration but two more than is allowed by ordinance on one parcel 5 acres or larger (see attached Comparison Exhibit). If they were to obtain 1.73 additional acres from a neighboring property, they could have as many structures as they desired until they covered 2% of the property. 2. Is consistent with the City of Elk River comprehensive plan. In order to demolish and remove the blight on the property we will need this variance. We are requesting 2 structures (replacing several) to make the property useable again consistent with the City of Elk River comprehensive plan. The property is guided for residential uses with accessory structures. The use is consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The property will only be used as permitted by the zoning ordinance. The outcome of combining the parcels and maintaining 6 accessory buildings is reasonable, as currently eight accessory buildings are allowed on the two parcels. Again they will be combining the two parcels into one 38.27 acre parcel. Properties 40 acres or larger can have unlimited accessory structures but limits the total square footage to 2% of the lot area. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The fact that none of the existing buildings are useable was a surprise to us. All the buildings on our original property were OK for renovation. The new property is really bad! Need to replace, not repair. The applicant could maintain two parcels with nine accessory structures. The northern lot has five accessory structures, one being a legal non-conforming structure. By granting the variance, the legal non-conforming structure will be legal under the conditions of the variance. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 18-09 Sizer\\4-Board of Adjustments\\5.1 sr BOA 11-27-18.docx 5. The variance, if granted, will not alter the essential character of the locality. The variance will enhance the new property a great deal. Many people have stopped by to meet us and thank.us for cleaning up the mess. When we tell them what we intend to do they are excited! Water & electric preservation is a must! Next year neighbor Luke Aubart will raise vegetables in two fields and Craig Rahn will take care of the hay fields. The essential character of the locale allows eight structures on the two parcels. With the combination of the parcels and approval of a variance, only six structures will be present. This will not alter the essential character of the locality. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by December 7, 2018, this item will go to the December 17, 2018, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Plans  Comparison Exhibit N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 18-09 Sizer\\4-Board of Adjustments\\5.1 sr BOA 11-27-18.docx Sizer Varinance Case No:V 18-09 EPive` RECEIVED OCT 16 2018 October 17, 2018 City of Elk River The Board of Adjustments To Everyone Concerned, My name is Gerald (Gerry) R Sizer. In August of 2016 my wife, Carol, and I purchased property in Elk River located at 22362 Jarvis St NW. The property included 20 acres of land, a 1921 farm home, 5 out buildings, a silo, and a granary. In 2016 we demolished the silo and granary. We remodeled one out building and filled it with personal belongings. We signed a contract with Ziegler Homes to build our new home and we initiated a plan for moving back to Minnesota from Florida. The new home was completed in 2017. We demolished the old farm house and moved into our new home in August. In 2018 we have been renovating the remaining out buildings. Our goal was to complete that work this year. The weather has not been too cooperative so we will actually finish it next spring. On completion this renovation project will include our new home and 5 existing renovated out buildings. In July of this year we were able to purchase the property adjacent to us. The address of the new property is 22300 Jarvis St NW. The property includes 18.27 acres of land, a 2 story farm house, silo, garage, 3 out buildings (former owner had fires in all three, debris remains), the remains of an old barn, an old RV, the bed of an old semi, and piles of junk_ The clean up has started. We are currently waiting for the hazardous materials to be removed from the house and have applied for a demolition permit. Instead of renovating any of the structures on the new property I would like to demolish and remove everything. Then, I would need a variance to put anything back. I would like a variance that would allow for 2 new buildings on the new property. One would be a small heated structure for Preserving the water and electric that services the property. The second building would be an out building for the animals we would have on the property. Current ordinance for the two properties would allow for a home and 4 out buildings on each parcel. That would be 10 structures total. It is our intention to make the two properties into one 38.27 acre parcel consisting of our home and 7 outbuildings. I believe we meet the 5 criteria required for a variance: 1. The total number of buildings is 2 less than permissible for the two separate parcels. That should be in harmony with the intent of the ordinance. 2. In order to demolish and remove the blight on the property we will need this variance. We are requesting 2 structures (replacing several) to make the property useable again consistent with the City of Elk River comprehensive plan. 3. The property will only be used as permitted by the zoning ordinance. 4. The fact that none of the existing buildings are useable was a surprise to us. All the buildings on our original property were OK for renovation. The new property is really bad ! Need to replace, not repair. 5. The variance will enhance the new property a great deal. Many people have stopped by to meet us and thank us for cleaning up the mess. When we tell them what we intend to do they are excited! Water & electric preservation is a must! Next year neighbor Luke Aubart will raise vegetables in two fields and Craig Rahn will take care of the hay fields. Our goal is to get this property back into shape ! Thank you for considering our request, Gerry & Carol Sizer ti 111%JU EIy OCT 16 2018 M®© L t y 9" Comparison Exhibit Existing Lot A (20 acres) � 4 accessory � � structures � allowed � j Lot B j 8 total I (I 8.27 acres) j allowed ! 4 accessory i I structures I allowed i I I Proposed F --------------7I L- 4 total allowed 6 proposed Lot C (38.27 acres) 4 accessory structures allowed