5.1. BASR 12-17-2019
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
Background/Discussion
The property is located at 1904 Main St. NW and is zoned R1-c Single Family Residential with setback as
follows:
Front: 30 feet
Side: 10 feet
Garage: 5 feet
Rear: 20 feet
Lake (OHW): 50 feet
Maximum impervious surface is limited to 25% of the parcel.
The applicant is seeking a setback variance from the Ordinary High Water (OHW) mark to Lake Orono
to construct a house addition and deck.
The applicant has provided a draft site plan (dated 12/11/2019) showing, conceptually, what they want.
Prior to investing more money and time into their final design, they wanted to make sure they receive
approval of the variance. If approved, they will provide the city final designs with the building permit.
Staff indicated to the applicant, variances are typically reviewed as a specific project/site plan. The
difficult part with a blanket setback approval on a concept plan is the city would be approving a plan in
which only two corners of the house are encroaching in the setback. Later the applicant could then
redesign and build a structure with the entire length of the back of the house to the approved setback,
which was not reviewed against the variance criteria. Because of this, any approval should be tied to a site
plan. The submitted plan shows the northeast corner of the addition encroaching into the OHW.
The elevation of the existing basement floor is at the 100-year flood elevation and at minimum, the floor
of the building addition will need to be a least 1-foot higher than this. An initial comment from the DNR
stated if the addition is a “substantial improvement” (the value of the addition plus any maintenance/repairs in the
last 365 days is equal or greater than 50% of the market value of the structure), they may need to bring the original
part of the building into compliance with Regulatory Flood Protection Elevation (RFPE). If the variance
is approved, staff will continue to work through this with the applicant and the DNR.
Applicable Regulation
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 general purpose and intent of the OHW setback is to have structures setback an appropriate
distance in order to allow stormwater runoff from impervious surfaces to have adequate distance
to drain and filter the runoff prior to it reaching the lake. With the limited encroachments, as
shown on the submitted site plan, and implementation of storm water treatment features, the
general purpose and intent of the ordinance can be met.
Storm water treatment features can include rain gardens, swales directing run-off away from the
lake, and/or gutters directing roof water toward the front of the home.
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2. Is consistent with the City of Elk River Comprehensive Plan.
The subject property is guided for residential uses and homes/additions are acceptable in this land
use and zoning district.
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 applicant is proposing to utilize a significant amount of the property. With the limited
encroachments, as shown on the submitted site plan, and implementation of storm water
treatment features, the applicant proposes to use the property in a reasonable manner.
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 is 11,325 SF in size, slighty larger than the required lot size in the R1-c district of
11,000 SF. It is 99’ wide by an average of about 105’ deep. The R1-c district requires parcels to be
80’ wide and 130’ deep. On average, the parcel is about 25’ less than the required depth, which is
a unique circumstance.
The northeast corner of the existing house is about 30’ from the OHW. If the property had the
additional 25’ of depth, it would meet the OHW setback. In order to prevent the structure from
becoming more non-compliant, staff is recommending no portion of the house addition or deck
can be closer than 30’ to the OHW and follow the submitted site plan date 12/11/2019.
5. The variance, if granted, will not alter the essential character of the locality.
Homes and accessory structures are an allowed use and many of the structures along the lake, in
the immediate vicinity, encroach within the 50-foot setback. The essential character of the locality
would not be altered.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by December 27, 2019, this item will go to the
January 21, 2020, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plan dated 12/11/2019
Area Vicinity Exhibit
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To Whom It May Concern:
I am writing to request a variance to allow an addition to our home at 1904 Main St NW Elk River, MN. I
purchased this residence in 2011 and moved from Monticello with the hopes of growing into the home
and community. In 2013 “my house” because “our home” when I married my fiancé, Jessa. Since then
we have added two young boys to our family Abe (3 years) and Cameron (1 year). Over the 8 years that
we have lived in our home we have put down roots in the community and neighborhood. My wife is
one of the Lake Orono Improvement Association board members and I have served as Conservation
Steward for the Houlton Conservation Area and currently as an Energy City Commissioner. We love our
home and our accessibility to the library and Orono Park as well as the downtown area.
We feel that our proposed addition is harmonious with the purpose and intent of the ordinance and is
consistent with the residential zoning for our neighborhood in the City of Elk River Comprehensive Plan.
We also believe that this variance request is consistent with precedent of previously approved variance
requests in our neighborhood.
The shape of our lot, the location of the existing structure and our vicinity to Lake Orono represent the
practical difficulties that have led to this petition for a variance. Our existing home is located
approximately twenty feet from the high water mark of Lake Orono. Our hope is to extend our home to
the East and maintain our current setback from the lake. This would allow for the floors of our home to
match up from the existing to the new addition. If our new addition were to be constructed to the
current zoning ordinance set back of forty-five feet from the Lake Orono high water mark it would not
connect to the existing home.
Thank you for your consideration of our request,
Aaron Brixius