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6.3. SR 06-20-2005 Item #~ MEMORANDUM TO: Mayor and City Council FROM: Chris Leeseberg, Planner ~ DATE: June 20, 2005 SUBJECT: Case No. V 05-0 I Request by Michael Sizen for a Side Yard Setback Variance Request The applicant is requesting a side yard setback variance of 3-feet to construct an 8 foot wide deck. Location 12526 194th Lane Lot 9, Block 6, Lafayette Woods Zoningl Land Use R1-c (Single Family Residential) / DR (Urban Residential) 60 Day Rule In order to comply with Minnesota Statute 15.99 (60 - Day Requirement), action must be taken on this request by June 24, 2005 Attachments . Location Map . Applicant's Narrative . Site Drawings . Staff Option A . Images of House Planning Department Mission: the orderly development of a livable and sustainable Elk River community. City Council / V 05-01 June 20, 2005 Page 2 Overview The 13,538 sq. ft. property is zoned Rl-c with a side yard setback of 10-feet for the principal structure. At the nearest point, the house is approximately 16-feet from the property line. The applicant would like to construct an 8-foot deep deck which would result in an encroachment of 1 1/2 to 2-feet into the required setback. Adjacent to the property is a single family residence that has only one window facing the proposed deck. The proposed deck would not adversely impact this neighbor. Analysis Without a variance, the applicant could construct a 6-foot deep deck off of the dining area. This amount of space would not provide the best "useable" area. If you placed a 3-foot diameter table with four chairs around it and considered the ergonomics, there would be little to no space to walk around the furnishings, making the deck undesirable if not unusable. Staff has looked at an alternative to the deck placement to eliminate the setback encroachment. Option A would allow constructing a bigger deck behind the bump-out of the house. The house was not set up for a deck in this location, as a ledger board was not provided on this part of the house. A significant amount of siding removal and modification with proper flashing would be required to accommodate a new ledger board. Although it would not be directly off of the dining area and would require modification to the existing structure, a much larger overall deck than what the applicant desires could be constructed that is at least 8-foot deep. In order to grant a variance from the literal interpretation of the ordinance, the following five conditions must be met: 1. Literal enforcement of the ordinance will cause undue hardship. Literal enforcement prohibits the applicant from building a deck wider than 6-feet. 2. The hardship is caused f?y special conditions and circumstances, which are peculiar to the properry and the structure involved and which are not characteristic rif, or applicable to, other lands or structure in the same area. A contractor designing and building a custom home with an inappropriate patio door location can cause hardship. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights e,!jqyed f?y other properties in the same district under the terms of this ordinance. Other properties have the ability to construct decks, in practical locations directly off of a dining area. Option A would place the deck behind the bump-out of the house, which would not have the "useable" area directly off of the dining area. Although it may not be in the desired location, the applicant would then be allowed a deck of useable size. S:\pLANNING\Case Files\2005\ V 05-01 Sizen\ V 05-01_CC.doc City Council / V 05-01 June 20, 2005 Page 3 This option also places the useable area farther away from the street, making it slightly more private. 4. The special conditions and circumstances are not a consequence 0/ the petitioner's own action or inaction. A professional custom homebuilder constructed the home and proper research on the part of the designer/builder obviously was not completed or overlooked and an undersized deck can only be built in the indented location. 5. The variance will not be iryurious to or adverselY qffect the health, sqfety or we(fare 0/ the residents 0/ the city or the neighborhood where the property is located and will be in keeping with spirit and intent 0/ the ordinance. The request would not adversely impact other properties in the vicinity. Board of Adjustment Action The applicant stated that he had two concerns with Staff Option A. First, was the location of the gas fireplace vent. He felt this was a safety issue and construction of a deck over the vent probably would not allowed by the Building Code. He stated that they use the fireplace extensively in the winter. Second, he felt the cost to construct a deck according to Option A would be substantially more expensive because of the siding removal, relocating the ledger board, and the increased height of the deck. Staff verified the code requirements with the building inspection staff. The Code does not allow the structure to come within 12 inches of the vent. If the structure falls within 12-36 inches, the vent requires a shield over it to direct the heat sideways instead of up at the structure. Staff measured the vent and it would be 20-22 inches away from the structure, which would be allowed. The Board of Adjustments denied the requested by a 4-2 vote based on the following: 1. THE REQUEST DOES NOT MEET CONDITION #3 - LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 2. THE REQUEST DOES NOT MEET CONDITION #2 - THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES, WHICH ARE PECULIAR TO THIS PORPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURES IN THE SAME AREA. S:\PLANNING\Case Files\2005\ V 05-01 Sizen\ V 05-01_CC.doc City Council / V 05-01 June 20, 2005 Page 4 Recommendation Staff recommends that the City Council deny the request based on Conditions Two and Three. Although the deck may not be in the desired location, a useable deck can be constructed without a variance. If approved, the deck shall not be enclosed or converted to a three/four season porch or an addition to the home. S:\pLANNING\Case Files\2005\ V 05-01 Sizen\ V 05-01_CC.doc ADDITION ALE SCHOOL T PARK o <( o 0::: 0::: o I- U o 0::: D-- ~ N Location Map Case Number: V 05-0 I MICHAEL SIZEN Description ofProiectlReQuestlName of Plat- Variance Request Name and Address Michael & Teresa Sizen 12526 194th Lane NW Elk River, MN 55330 Legal Description of Property Elk River City Lafayette Woods Sec 28 Twp 33.0 Range 26 - Lot 9 Block 6 Reason for Request We are requesting that a 3-Foot variance be granted to allow us to build an 8-Foot Deck at our home in Elk River. The Deck would be placed on the East Side of the house. The reason for the Variance Request is that we have been informed that the deck needs to be at least 10 Feet from the Property Line. Due to the shape of our lot and the position of our house this limitation would force us to have only a 5-Foot Deck. The result would be to make the Deck unsightly and virtually unusable. There are other considerations: . When our house was built in 1999 the Builder did not inform us of the Property Line issue and the need for a variance in constructing a Deck. The Builder did put up a Deck Header board, but again failed to mention that that a variance would be required when we built it. In addition to the Deck Header board we have sliding glass doors on the East Side of the House. It is very apparent that a Deck is intended for this portion of the house. . In the Lafayette Woods Development we dealt with many issues regarding the construction of the house with the Lafayette Woods Development Manger and Architectural Control Committee. After reviewing our house plan we had to modify the pitch of our roof, add more brick to the front of the house and even change how the house looked in the Front. The one thing that was not mentioned was that we would not have room for a Deck. They went over our plans very closely (see the changes I just mentioned) yet never mentioned that, in regard to a Deck, that our house plan would not fit the Lot we purchased from him. . Not having a Deck, or a 5-Foot Deck, could eventually make if difficult to ever sell the house if we ever choose to. We feel the overall value of the House would be affected. The Deck would be off our kitchen and we couldn't even safely put a Barbecue Grill on it. . We have discussed building an 8-Foot Deck with our Neighbor (patty Tyler). Patty is perfectly fine with our plans. Where the Deck would be located she has one Window (ground level) that would face the Deck (please see attached photo). In building the Deck, should the Variance be approved, we would agree to never create a three-season porch or any other enclosure. The Deck would always remain an outdoor structure. c__ 3'.0. t(;'.4," ~'-C"' . "~'~i V CANT. .~. -". -...,.-.-.,-..... .... ..... .~. -Ii" I EXISTING RESIDENCE. 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