5.1. BASR 06-23-2020 ��i
City of
Elk ' Request for Action
River
To Item Number
Board of Adjustments -5.1
Agenda Section Meeting Date Prepared by
Public Hearings June 23, 2020 Chris Leeseber , Senior Planner
Item Description Reviewed by
Timothy Thomsen— 11631 219th Ave. NW Zack Carlton,Planning Manager
Accessory structure size variance, 2,618 square feet; Reviewed by
Case No.V 20-02
Action Requested
Deny,by motion,the accessory structure size variance for the
following reasons:
1. The general purpose and intent are not met.
2. The proposed use is not consistent with the Comprehensive
Plan.
3. The petitioner does not propose to use the property in a U - —
reasonable manner.
CR 33
4. The plight of the petitioner is not due to circumstances _
unique to the property.
3:
Background/Discussion I RR
The property is zoned R1-a and is 15-acres in size which allows for
8,000 SF of accessory structures. The applicant currently has 6,778 Hwy 10
SF of accessory structures with plans to demolish a 320 SF CR 12
structure. They are proposing to add 3,840 SF for a total of 10,298 \
SF—2,298 (22%) over the allowed limit. The applicant operates a ;Y
licensed dog kennel and would like to start a fruit orchard,utilizing
the proposed structure primarily for farming equipment and P�
supplies for the orchard. ti
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Applicable Regulation
Variances may be granted when the petitioner establishes that the Figure I -
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 ordinance, for this area,is to provide for orderly development
to ensure the overall goals of the commercial reserve transition/mining area are met. By granting a
variance, the property will exceed the allowed amount of accessory structures making it"non-
conforming".
The Elk River Vision
A Y�elcoming community nvith revolutionary and spirited resourcefulness, exceptional P o w E e E o s r
service, and community engagement that encourages and inspires prosperity ,g /` UR
2. Is consistent with the City of Elk River Comprehensive Plan.
The property is guided for Development Reserve and is zoned Commercial Reserve Transition with a
Mining Overlay.
The Development Reserve land use identifies areas held in reserve for future development. These
locations are well suited for various development options in the future and intense development is
expected in the future due,in part, to the size, access, and visibility of much of the area. The reserve
status allows for planning of long-term uses in the zoning district.
The Gravel Mining Plan guides the parcel as Highway Business and identifies significant roadway
infrastructure on and around the subject parcel.
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217TH
Adding additional structures/investment,above what is allowed,into an area shown for future
roadway infrastructure is not 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 mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
The property is zoned Commercial Reserve Transition (CRT) with a Mining Overlay. The purpose of
the CRT district is:
1. To allow existing uses to remain conforming until such time as redevelopment is consistent with
the comprehensive guide plan,at which time the city will consider changing the zoning
designation.
2. To provide for orderly redevelopment of contiguous parcels of land.
3. To discourage piecemeal,lot-by-lot development or leapfrog development that would result in
the isolation or inefficient re-use of existing parcels of land.
4. To ensure that contiguous parcels of land are served with adequate access and public
infrastructure and that appropriate right-of-way width is established.
Granting the variance will result in the property being"non-conforming" and may jeopardize future
access and public infrastructure improvements.
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
While staff understands the desire for additional accessory structure square footage to facilitate a fruit
orchard, the property does not possess any unique characteristics.
5. The variance,if granted,will not alter the essential character of the locality.
The properties directly to the north, east,and west are all mining and the properties to the south are a
landscaping business and the ERX racetrack. The variance 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 July 3, 2020, this item will go to the July 20,
2020, City Council meeting.
Attachments
■ Location Map
■ Applicant's Narrative
■ Square Footage Map &Numbers
APPLICATION FOR VARIANCE
11631 219TH AVE NW
Elk River, MN 55330
I am requesting a variance for an agriculture building (+-) 64’ x 60’. Currently building this building
would be more covered square footage than currently allowed per zoning.
My property is approx 15 acres with a Commercial Zoned building on the Southwest corner of the
property. It’s approximately 6,700 sq. feet used as a licensed Dog Kennel. There is another outbuilding
that will be torn down when this building is finished. I am requesting permission to put up an additional
building on the Southeasterly corner of my property that’s approximately 3840 sq. feet to be used
primarily for agricultural use. This would leave the whole Northerly section available for agricultural
(orchard, garden…)use.
The properties directly to the North, East and West are all mining (gravel Pits) and the property to the
South is GreenScapes a landscaping business and the ERX Racetrack. My building would not cause
conflict with any of my neighbors.
My intent is to start a fruit orchard so the building would primarily be used to house farming equipment
and supplies.
I don’t believe this building will alter the essential character of the property.
Thank you for your consideration.
Regards,
Timothy Thomsen