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5.1. BOA SR 07-23-2019 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, and I believe the variance would keep me in harmony with the rest of the neighborhood, as I would have ample storage for automobiles and other necessities to be stored inside and out of sight. The general purpose and intent of the ordinance is to provide for the orderly development of land while providing property owners the opportunity to have adequate storage on their property. Properties outside the Urban Service District (sewer and water) are larger and in turn are allowed larger square footages of accessory structures. The request is in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. I feel this variance is consistent with the comprehensive plan in a way that will help beautify an entrance to the neighborhood, there will no longer be cars and trucks sitting outdoors, the house will also be improved while still not standing out from the neighbors. The subject parcel is guided for residential uses, which allow for accessory structures. The request 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; This property will be used as a primary residence for my family (wife, teenage daughter that attends Elk River High School, and myself), there will also be an extra bedroom for my mom if and when she’s in need of assistance. There will be no business ran out of this property. The ordinance allows the property to be used as residential with accessory structures. While the ordinance requires a minimum of 440 sqft (20x22), it is not unreasonable for newly constructed homes to have attached garages the size the applicant is proposing. While the property has the required accessory square footage, even if no attached garage was constructed with the new home, the existing detached accessory structure would be approximately 100 feet away from the house. The proposal of only replacing a smaller than average attached garage with an average attached garage size, is reasonable. 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 Due to the unfortunate situation I’m having to deal with, my goal is to complete my brothers shop, build a house suitable for my family and to resolve any issues that has stemmed many complaints by the City of Elk River as well as neighbors regarding this property. The existing home was built in 1988 and the pole building in 2000. The applicant wants to update the property with a new home and an average sized attached garage but is encumbered with the decisions the previous owner made. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-06 Mevissen\\4-Board of Adjustments\\5.1 sr BOA 7-23-19.docx 5. The variance, if granted, will not alter the essential character of the locality. The plans for the new house will be submitted with this variance request, the plans will not alter that of the locality and will be built to match the existing structure. The essential character of the locality will not be altered. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by August 2, 2019, this item will go to the August 19, 2019, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Plans  House Plans N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-06 Mevissen\\4-Board of Adjustments\\5.1 sr BOA 7-23-19.docx n Mevissen Variance Case No:V 19-06 *ver Variance Narrative Hi, my name is Tom Mevissen, brother to John Mevissen, previous owner of property at 9975 178TH Ave NW. My brother passed away on September 20TH 2018 due to a heart attack. I am the personal representative for John’s estate and have been working on cleaning the property and returning it to its full potential. The property is being gifted to me from my mother Eileen Mevissen, my plans are to demo the existing structure (house and attached garage) and build a new house in the same area. The reason I’m seeking a variance is because when my brother built the pole barn he was maxed out on square footage for garage space. With the plans for the new house I will be over on the square footage by approximately 300 square feet. Outlined below you will find the five criteria. • The variance is in harmony with the general purpose and intent of the ordinance. o I believe the variance would keep me in harmony with the rest of the neighbor hood as I would have ample storage for automobiles and other necessities to be stored inside and out of sight. • The variance is consistent with the City of Elk River comprehensive plan. o I feel this variance is consistent with the comprehensive plan in a way that will help beautify an entrance to the neighborhood, there will no longer be cars and trucks sitting outdoors, the house will also be improved while still not standing out from the neighbors. • The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. o This property will be used as a primary residence for my family (wife, teenage daughter that attends Elk River High School, and myself), there will also be an extra bedroom for my mom if and when she’s in need of assistance. There will be no business ran out of this property. • The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition’s own action or inaction. o Due to the unfortunate situation I’m having to deal with, my goal is to complete my brothers shop, build a house suitable for my family and to resolve any issues that has stemmed many complaints by the City of Elk River as well as neighbors regarding this property. • The variance, if granted, will not alter the essential character of the locality. o The plans for the new house will be submitted with this variance request, the plans will not alter that of the locality and will be built to match the existing structure. Thank you for your consideration Thomas Mevissen Zoning Decision HI, I do not feel the zoning requirements are in error, it is simply the situation that presented itself. When my brother had his pole barn built, he followed code and built the largest out building he could with the existing structure. The existing property is in need off repair and does not have the potential it could, this property has been subject to complaints for many years. I would like the opportunity to address this with building a new, up to date home that will blend well with the existing neighborhood and provide enough space to accommodate my mother if needed. Thank You for Your Time and Consideration Tom Mevissen 51 REVISIONS BY DESIGN and DRAFTING BY:TO BE USED FOR BIDDING PURPOSES ONLY NOT FOR CONSTRUCTION 2 5TO BE USED FOR BIDDING PURPOSES ONLY NOT FOR CONSTRUCTION 3 5TO BE USED FOR BIDDING PURPOSES ONLY NOT FOR CONSTRUCTION 4 5TO BE USED FOR BIDDING PURPOSES ONLY NOT FOR CONSTRUCTION 5 5TO BE USED FOR BIDDING PURPOSES ONLY NOT FOR CONSTRUCTION