5.1. BASR 08-27-2019Request for Action
To Item Number
Board of Adjustments 5.1
Agenda Section Meeting Date Prepared by
Public Hearing August 27, 2019 George Brenzel, Planning Intern
Item Description Reviewed by
Sergey Vainelovich, 20020 Vance St. NW Chris Leeseberg, Senior Planner
Reviewed by
Front Yard Setback Variance, Case No.
V 19-08
Zack Carlton, Planning Manager
Action Requested
Deny, by motion, the front yard setback variance as four of the five criteria required for approval of the
variance are not met, as described below:
1. The variance does not meet the intent and purpose of the ordinance.
2. The property fails to be in accordance with the Comprehensive Plan’s goal of promoting
neighborhood aesthetics and function.
3. The plight of the petitioner is not due to circumstances unique to the property and is a consequence
of the petitioner’s own action or inaction.
4. The variance would alter the essential character of the locality.
Background/Discussion
The property is located at 20020 Vance St. NW and is zoned R1a with setback as follows:
Front: 35 feet (this property is a corner lot which has 2 front property lines)
Side: 20 feet
Garage: 20 feet
Rear: 30 feet
The applicant is seeking a variance to reduce the front yard setback towards Ulysses St. NW from 35 feet
to 22 feet as well as on the adjacent corner from 35 feet to 33 feet. The east side of the addition is not
parallel to the property line.
Applicable Regulation
(The applicant’s responses are italicized with staff’s notes after.)
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria
described below. The variance…
1. Is in harmony with the general purpose and intent of the ordinance, and
We are looking to add an addition to our home in the form of an attached garage. This will remain in harmony
with the general purpose of this property as this is a residential property and will continue to remain a residential
property. We are asking for a variance since the addition will be 22 feet from the front left corner of our home to the
city line. From the back left corner of the home, it will be 33 feet from the city line.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
The intent of the ordinance is to pursue uniform visual appeal along front properties to maintain a
standardized front yard setback. The property stands on a corner residential lot in a neighborhood
where other setbacks are upheld. Exceeding the setback requirement by 13 feet, without a
neighborhood precedent, is not in harmony with the intention of our city ordinance and the visual
standards of the neighborhood. This criterion is not met.
2. Is consistent with the City of Elk River Comprehensive Plan.
The property is guided for residential and accessory structures are allowed in residential districts. The request is
consistent with the Comprehensive Plan.
Rural residential single family homes are the predominant land use in this area including
development patterns that place housing closer together in order to preserve greater areas of
undeveloped or natural land according to Chapter 5 of the Comprehensive Plan. The vision and
community image chapters of the Comprehensive Plan for Elk River provide the call for members
of the community to consider what the future of Elk River to look and feel like as the city explores
how to create a consistent image for Elk River, all the while judging residential development on
both aesthetics and function as it continues to grow, including general appearance guidelines. This
criterion is not met.
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;
We will continue to use our property as a residential property but are requesting a variance as the addition we would
like to add to our home will be closer to the property line than with the original structure.
This criterion is met as the plan for the primary structure demonstrates that this petitioner
proposes to use the property in a reasonable manner against the zoning ordinance as a home
addition is a fully permitted use of the parcel and it does not encroach on any use of a neighbor on
her/ his own property. This criterion is met.
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
Since the original home was built in the current location, it is difficult to add an addition to another section of our
home and still keep the home proportional, cosmetically intact, and functional for our family. The small utilities for
our home come through the right side (west) of the house. To expand on this side, we would have to re-route all the
utility connections to another side, which would be over our budget for our project. We also are planning on
expanding the garage area that we currently have. Rebuilding the garage onto the right side of the house would not be
an option for us due to budget, utilities, and layout of our home. The following utilities come through the right side of
our home: Gas line, A/C unit, and water (on the front). The gas meter is also on the right side of our home. If we
expand to the right side of our house, we need to redirect our driveway, which is not so easy, because well water in the
front of the house can interfere with this.
This property is not in a unique position to need a variance given its shape and the house’s
position on the property allows for a feasible and realistic option of expanding westward instead.
A solution wherein the driveway would not have to be moved, all of the amenities within the
proposed project are included, save for one car stall, while keeping it legally within the setback
and garage size requirements. The applicant stated that there are a few small utilities, namely
water service, gas line, and an A/C unit on the west side of the home which would be involved
if the home were to be expanded to the west. While it will cost some money, these small utilities
are not difficult to address. The ordinance states, economic considerations alone do not
constitute practical difficulties. The lot size and the home’s positioning along with setbacks were
in place when the current owner acquired the land, and the area on the west side is more
expansive and possibly more appropriate for this addition. This proposed design does not meet
the zoning code and does not provide sufficient reasoning for unique circumstances. This
criterion is not met.
5. The variance, if granted, will not alter the essential character of the locality.
If granted, this variance will not alter the essential character of the locality as it will continue to remain a
residential property that we will reside in.
A character of the neighborhood has standardized front yard sizes; therefore, the essential
character of the locality may be changed with a home 13 feet closer to the public right-of-way.
This criterion is not met.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by September 6, 2019, this item will go to the
September 16, 2019, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
nd
Existing Site Plan – Main & 2 floor
Proposed Addition Exterior
nd
Proposed Site Plan Interior – Main & 2 floor
Site Layout and Setbacks
City’s Concept A
City’s Concept B
To whom it may concern,
Our property is located on 20020 Vance St NW Elk River. We would like
to remodel our house. We want to attach a garage on the left side of
the house. The distance from the front left corner of the house to the
city line on the left is 60 feet right now and 77 feet from the back left
corner to the left city line. After the remodel and new attached garage,
the distance will change to 22 feet and 33 feet, accordingly, to the city
line.
The narrative is your opportunity to describe, promote and sell your proposal to the Board of
Adjustment and/or City Council before the meeting(s). Your typewritten narrative should explain your
request in detail AND how all of the following criteria are met in order to be granted a variance:
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
We are looking to add an addition to our home in the form of an attached garage. This will
remain in harmony with the general purpose of this property as this is a residential property
and will continue to remain a residential property. We are asking for a variance since the
addition will be 22 feet from the front left corner of our home to the city line. From the
back left corner of the home, it will be 33 feet from the city line.
2. Is consistent with the City of Elk River comprehensive plan.
The property is guided for residential and accessory structures are allowed in residential
districts. 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;
We will continue to use our property as a residential property but are requesting a variance as
the addition we would like to add to our home will be closer to the property line than with
the original structure.
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
Since the original home was built in the current location, it is difficult to add an addition to
another section of our home and still keep the home proportional, cosmetically intact, and
functional for our family. The utilities for our home come through the right side of the
house. To expand on this side, we would have to re-route all the utility connections to
another side, which would be over our budget for our project. We also are planning on
expanding the garage area that we currently have. Rebuilding the garage onto the right side
of the house would not be an option for us due to budget, utilities, and layout of our home.
The following utilities come through the right side of our home: Gas line, A/C unit, and
water (on the front). The gas meter is also on the right side of our home. If we expand to the
right side of our house, we need to redirect our driveway, which is not so easy, because well
water in the front of the house can interfere with this.
5. The variance, if granted, will not alter the essential character of the locality.
If granted, this variance will not alter the essential character of the locality as it will continue
to remain a residential property that we will reside in.
P-1REVISION TABLENUMBER DATE REVISED BY DESCRIPTIONSHEET:SCALE:DRAWINGS PROVIDED BY:Vainelovich Residence20020 Vance St NWElk River MN 55330DATE:7/27/2019
P-2REVISION TABLENUMBER DATE REVISED BY DESCRIPTIONSHEET:SCALE:DRAWINGS PROVIDED BY:Vainelovich Residence20020 Vance St NWElk River MN 55330DATE:7/27/2019
P-3REVISION TABLENUMBER DATE REVISED BY DESCRIPTIONSHEET:SCALE:DRAWINGS PROVIDED BY:Vainelovich Residence20020 Vance St NWElk River MN 55330DATE:7/27/2019