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5.2. BASR 06-23-2020 �� Request for Action Elk - River To Item Number Board of Adjustments 5.2 Agenda Section Meeting Date Prepared by Public Hearings June 23, 2020 Chris Leeseberg, Senior Planner Item Description Reviewed by Mathew James—21272 Elk Lake Rd. NW Zack Carlton,Planning Manager Accessory structure size variance, 273 square feet; Reviewed by Case No. V 20-03 Action Requested Approve,by motion, a 275 square foot variance for the following reasons: 1. The general purpose and intent of the ordinance are met. 2. The property has a land use of residential and the use is i consistent with the Comprehensive Plan. 3. The proposed use is reasonable and is perrnitted in the U zoning ordinance. cR 33 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. I z 5. The variance will not alter the essential character of the RR locality. �L io_ Background/Discussion µ The applicant is requesting a 275 SF variance to construct an 1,800 1 SF garage attached to the existing detached accessory structure. The ✓' property is 4.36 acres in size which allows 3,000 SF of attached/detached accessory structure space. Parcels 5 acres or larger can have 4,000 square feet. ..569 A neighbor contacted staff and indicated they have no issue with the \ request. Figure I Applicable Regulation (The applicant's responses are italici.Zed with staffs notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: The Elk River Vision A Y�elcoming community nvith revolutionary and spirited resourcefulness, exceptional P D w E A E D D Y service, and community engagement that encourages and inspires prosperity ,g /` UR 1. Is in harmony with the general purpose and intent of the ordinance,and According to the ordinance a property si.Ze of 4.99 acres is alloaved 3,000 sq ft of accessory structures and attached garages. ilhereas a property side of 5.00 acres is allowed 4,000 sq ft of accessory structures and attachedgarages. I am asking for a prorated allowance on 4.36 acres of 3,488 sq ft for accessory structures and attachedgarage. This mould be in harmony with the ordinance of limiting the si.Ze of accessory structures and attachedgarages per the si.Ze of the lot. The property is 0.4 acres short of being allowed an additional 1,000 SF of space. The applicant is asking for an additional 488 SF of garage space. If the allowed square footage were on a sliding scale (prorated) based on every tenth acre,4.3 acres would be allowed 3,720 SF. 2. Is consistent with the City of Elk River Comprehensive Plan. Yes, it is on residential R1 a property and will be a typical residential structure. The property is guided for residential uses which allows homes and accessory structures and 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 mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; It is a residential property that allows for accessory structures. The ordinance designates accessory structure sizes based on tiered lot sizes. The applicant is requesting a size midway between 3,000 and 4,000 SF with a subject lot size closer to allowing 4,000 SE The use of the property is reasonable. 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 si.Ze of the lot being 4.36 acres creates the unique issue. The property is zoned R1-a with minimum lot sizes of 2 '/Z acres. The unique situation is the variety of lots either less than or greater than 5-acres in the vicinity,which is the demarcation for 3,000 or 4,000 SF. The property is closer to the 5-acres regulations than it is to the 2 '/Z- acres regulations. 5. The variance,if granted,will not alter the essential character of the locality. Wl'ithin a I mile radius there are many parcels of land of 5 acres or more. Ifgranted 3,488 sq ft of accessory structures and attachedgarage is in harmony n ith not only the ordinance but also the surrounding area. It will allow for indoor storage which also improves the essential character rather than detract from it with `stuff'laying around the property. ire have owned the property since 1992 when it was a rundownfarmstead ire have demolished and di posed of many outbuildings. Donated the house to the Elk River Fire Department for a training burn and build a nicer, newer home. In the 28 years nye have owned the property we have worked to improve the essential character. There are several properties in the locale 5-acres or more which allow for 4,000 SF. The essential character of the locale will not be altered. 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 ■ Building Drawings ■ Site Photo Mathew James Variance Case No:V 20-03 E�. River Variance Request for Mathew J James 21272 Elk Lake Rd NW Elk River, MN 55330 Parcel # 75-117-2100 1.The variance is in harmony with the general purpose and intent of the ordinance. According to the ordinance a property size of 4.99 acres is allowed 3,000 sq ft of accessory structures and attached garages. Whereas a property size of 5.00 acres is allowed 4,000 sq ft of accessory structures and attached garages. I am asking for a prorated allowance on 4.36 acres of 3,488 sq ft for accessory structures and attached garage. This would be in harmony with the ordinance of limiting the size of accessory structures and attached garages per the size of the lot. 2.The variance is consistent with the City of Elk River Comprehensive plan. Yes, it is on residential R1a property and will be a typical residential structure. 3.The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. It is a residential property that allows for accessory structures 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. The size of the lot being 4.36 acres creates the unique issue. 5.The variance, if granted, will not alter the essential character of the locality. Within a 1 mile radius there are many parcels of land of 5 acres or more. If granted 3,488 sq ft of accessory structures and attached garage is in harmony with not only the ordinance but also the surrounding area. It will allow for indoor storage which also improves the essential character rather than detract from it with ‘stuff’ laying around the property. We have owned the property since 1992 when it was a rundown farmstead. We have demolished and disposed of many out buildings. Donated the house to the Elk River Fire Department for a training burn and build a nicer, newer home. In the 28 years we have owned the property we have worked to improve the essential character.