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5.2. BASR 07-28-2020 ��i City of Elk , Request for Action River To Item Number Board of Adjustments -5.2 Agenda Section Meeting Date Prepared by Public Hearin s ul 28, 2020 Chris Leeseber , Senior Planner Item Description Reviewed by Rich Bengston— 9700 215th Avenue NW Zack Carlton,Planning Manager Accessory Structure Size Variance - 1,268 sq. ft.; Reviewed by Case No.V 20-09 Action Requested Deny,by motion,the Accessory Dwelling Unit size variance for the following reasons: 1. The general purpose and intent of the ordinance are not met. 2. The proposed use is not reasonable and is not permitted in • the zoning ordinance. 3. The plight of the petitioner is not due to circumstances unique to the property. CR 33 Background/Discussion The subject property is zoned R1-a and is 8+ acres in size which x allows for Accessory Dwelling Units (ADU) no larger than 1,000 RR square feet. The applicant is requesting a variance to construct a 2,268 square foot ADU. Hwy 10 CR 12 The ADU will be occupied by the property owner's daughter and her family while her parents will continue to live in the primary house. This will allow the parents to remain in their home as long as possible,while the family can continue to maintain the property and care for the parents. 1� Oil 6y The property has two separate wells and septic systems servicing the primary house and the proposed ADU. 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: 1. Is in harmony with the general purpose and intent of the ordinance, and The variance is in harmony with the general purpose and intent of the ordinance being in a residential done, and accessory do elling units are allowed.Along n ith the fact that we will not be building a structure, but rather remodeling an existing one. The Elk River Vision A n elcoming community n ith revolutionary and spirited resourcefulness, exceptional P D w E A E D D Y service, and community engagement that encourages and inspires prosperity /` UR The purpose and intent are to provide property owners the opportunity to construct a small to moderate "mother-in-law" apartment on properly zoned single-family properties. The intent was not to allow two traditionally sized homes on one parcel in a single-family district. 2. Is consistent with the City of Elk River comprehensive plan. The variance is consistent with the City of Elk River's comprehensive plan, again because of the current Zoned residential area allowing accessory units. I mould like to add that by remodeling the existing structure not needed for the original intended use, will allow us to continue to contribute and maintain the neighborhood that includes families that have lived close for as manyyears as my in-lams. The variance would also hep us to preserve and maintain the environment, and not having to consider our plan `b; in splitting the property and building a home on the back acreage. The property is guided for single family uses,which allow Accessory Dwelling Units. 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; IYIe propose to use the property in a reasonable manner understanding that dwelling units are permitted by the city's honing ordinance. ire are requesting as mentioned above, a variance to increase the allowed square footage, and to service the remodeled unit on its own separate well and septic system. The applicant is not proposing to construct any new structure on the property,but instead, to utilize the existing structures. While utilizing existing structures is reasonable, exceeding the allowed square footage by more than double to construct an ADU of similar size to many single-family homes is not 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 Our request is due to the uniqueness of the property in that the structure is already in place, along n, the nrell and septic. The current eciency apartment is not large enough for our family, and by including the back west end storage space for items that mould normally be stored in a basement, making the square footage the side requested allonrs for the integrity of the structure to remain, and the esthetics on the outside to look balanced. The accessory structures and two wells/septic facilities make the property unique compared to most other single-family parcels, but this uniqueness does not justify the extra square footage. 5. The variance,if granted,will not alter the essential character of the locality. The variance, ifgranted, will not alter the essential character of the locality. In fact, most won't even knonr there's anything different about the structure. The nearest neighbors are not in close site of any of the propery, and n4th the way the propery is situated up on a hill, it doesn't allow any of the accessory buildings to be ckaryvisiblefmm the road. The years of not having a working farm, has left the barn more filled nrith junk, and far less kept up then when it was filled with animals. Have a newly remodeled space will most definitely increase the integri y of the space as well as the propery. As the applicant will be utilizing only the existing structures on the property,the essential character of the locale will not be altered. Also,to achieve their desired outcome,the property could be subdivided into two parcels which would allow the applicant to accomplish their goals within the existing structures, again not altering the essential character of the locale. The applicant wishes to avoid this approach due to added time and cost. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by August 7, 2020, this item will go to the August 17, 2020, City Council meeting. Attachments ■ Location Map ■ Applicant's Narratives ■ Building Plans ■ Accessory Dwelling Unit Definition City of Elk River - Planning Commission 13065 Orono Parkway Elk River, MN 55330 June 26, 2020 Dear Planning Commission, My wife and I are requesting a variance to remodel an existing structure used as a barn located at 9700 215th Ave. NW, into an accessory dwelling unit. My in-laws currently own the property and occupy the primary dwelling. They have lived at this property for 36 years, and it is where my wife grew up. Our goal with the acceptance of our variance request, is to purchase the property and for my wife, son and I to live in the remodeled accessory dwelling unit. This would allow my in-laws to remain in their home for as long as possible, and for us to maintain the property as we’ve been for the past handful of years. The property is on 8.1 acres, and prior to being rezoned from A1 agriculture to R1a residential, it was a working horse farm. The building we wish to remodel currently has a small efficiency sized apartment that my wife’s grandfather lived in for many years before he passed away. The remaining space we want to remodel is occupied by 10 horse stalls on either side of a cement isle. That total space is 36’ x 80’. There is a portion that will remain as a barn attached, that space totals 36’ x 40’. The latter space is not cemented, and will remain as is. We are wanting to remodel the front cemented space including the small apartment. We have drawn into the plans a 36’ x 16’-3” space for storage and a workshop area on the west end of the remodel. This will leave the total remodeled dwelling space as 36’ x 63’-9”. The total square feet of the living space will be just under 2,268 feet. By remodeling the space as we have planned, we can work with the existing frame easily, and keep the overall appearance outside balanced esthetically with the remaining portion that will remain as is and used for a barn. The property has two separate wells, and septic systems. The primary house has a new as of last year, septic system. And the one currently connected to the area to be remodeled has a 1,000-gallon tank, and will be inspected and updated if needed. The reason we are requesting the variance, is the total space we wish to remodel is larger than the 1,000 square feet the city allows, and the unit will not be served with a single well shared with the primary dwelling. We feel the five criteria for a variance is met, and explained below: 1) The variance is in harmony with the general purpose and intent of the ordinance being in a residential zone, and accessory dwelling units are allowed. Along with the fact that we will not be building a structure, but rather remodeling an existing one. 2) The variance is consistent with the City of Elk River’s comprehensive plan, again because of the current zoned residential area allowing accessory units. I would like to add that by remodeling the existing structure not needed for the original intended use, will allow us to continue to contribute and maintain the neighborhood that includes families that have lived close for as many years as my in-laws. The variance would also help us to preserve and maintain the environment, and not having to consider our plan ‘b’, in splitting the property and building a home on the back acreage. 3) We propose to use the property in a reasonable manner understanding that dwelling units are permitted by the city’s zoning ordinance. We are requesting as mentioned above, a variance to increase the allowed square footage, and to service the remodeled unit on its own separate well and septic system. 4) Our request is due to the uniqueness of the property in that the structure is already in place, along with the well and septic. The current efficiency apartment is not large enough for our family, and by including the back west end storage space for items that would normally be stored in a basement, making the square footage the size requested allows for the integrity of the structure to remain, and the esthetics on the outside to look balanced. 5) The variance, if granted, will not alter the essential character of the locality. In fact, most won’t even know there’s anything different about the structure. The nearest neighbors are not in close site of any of the property, and with the way the property is situated up on a hill, it doesn’t allow any of the accessory buildings to be clearly visible from the road. The years of not having a working farm, has left the barn more filled with junk, and far less kept up then when it was filled with animals. Have a newly remodeled space will most definitely increase the integrity of the space as well as the property. We look forward to working with the city, and are hopeful that the requested variance will be granted. Thank you for your time, Rich and Amber Bengtson (Anderson) City of Elk River - Planning Commission 13065 Orono Parkway Elk River, MN 55330 July 23, 2020 Dear Planning Commission, Additional narrative for variance request: With the property being situated up on a hill, the remodel of the current barn will not be noticed by anyone who does not drive up the driveway on the property. There will be no noticeable difference in the structure from the outside. The part we want to remodel is the 'front' barn, it was built first. When having plans drawn, using the existing structure as is and for purposes of the esthetics from the outside, remodeling the full 'front' makes the most sense. The back barn was built after and is not cemented, it drops down lower then the front barn. Approving the variance will allow us to upkeep the property, as it is too much for my Parents to do. We will be purchasing the property, and the variance will also allow my Parents to be able to stay in their home until the time comes when they are no longer here. After which, we will remodel the main dwelling and the accessory dwelling unit will be used for out of town family that visit Minnesota. We have no intention of having it be a permanent living space anyone after us, and may at some point remodel the inside for a different use. We are trying to avoid the additional cost of doing a lot split. If we go that option we will then request that we use the same easement between the two properties, along with electric service. In the end, the result will be the exact same as if you approve this variance. The properties would operate as one. Approving the variance would save us both time and costs, and would be very appreciated. Thank you for your time, Rich and Amber Bengtson (Anderson) Click to buy NOW!PDF-X C h a n ge Productwww.tracker-s o f t w are.comClick to buy NOW!PDF-X C h a nge Productwww.tracker-s o f t w are.com Click to buy NOW!PDF-X C h a n ge Productwww.tracker-s o f t w are.comClick to buy NOW!PDF-X C h a nge Productwww.tracker-s o f t w are.com Accessory dwelling unit means a permanent residential dwelling unit, but not a mobile home, located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in an accessory building, provided: (1) Not more than one accessory dwelling unit shall be allowed on a single-family detached lot; (2) An accessory dwelling unit may be permitted within a principal single family dwelling unit or in a detached accessory structure; (3) An accessory dwelling unit shall require a building permit that may only be applied for concurrently with the application for a building permit for construction of the principal single family dwelling unit on the lot or after the construction of the principal structure; (4) A detached accessory dwelling unit shall be counted towards the total number of allowed accessory structures on a parcel; (5) A rental license for the accessory dwelling unit is obtained pursuant to chapter 30, article III, division 3 of the City Code; (6) An accessory dwelling unit shall be clearly a subordinate part of the principal single family dwelling unit on the lot and the living area shall not be more than 1,000 square feet, nor less than 250 square feet in size; (7) No more than two sleeping rooms shall be allowed in an accessory dwelling unit; (8) The entrance to an accessory dwelling unit shall not be in the front yard of the principal single family dwelling unit; (9) In the A-1 and R-1a districts, and on lots greater than 2½ acres in the R-1b, R-1c, R-1d, R1e, and residential PUD districts, detached accessory dwelling units may be finished with wood, vinyl lap siding, metal siding, metal panels, and/or masonry. On lots less than 2½ acres in the R-1b, R-1c, R-1d, R-1e and residential PUD districts, detached accessory dwelling units may be finished with wood, vinyl lap siding, metal siding, and/or masonry; (10) Accessory dwelling units in combination with their associated principal single family dwelling unit must conform to all City Code requirements for single family dwellings, including but not limited to setback, height, impervious surface, and accessory structure standards; (11) In addition to the parking required for the principal single family dwelling unit on the lot, there shall be one off-street parking space provided on an approved surface for the accessory dwelling unit; (12) The property owner must reside in the principal single family dwelling unit or in the accessory dwelling unit; (13) An accessory dwelling unit must be on the same parcel of property as the principal single family dwelling unit. A property may not be subdivided or otherwise segregated to provide separate ownership of an accessory dwelling unit; (14) The principal single family dwelling unit and accessory dwelling unit shall have one postal address; (15) An accessory dwelling unit must provide for one independent housekeeping unit having cooking, sleeping, and sanitary facilities; (16) The principal single family dwelling unit and accessory dwelling unit shall be served by single well, septic, municipal water, sanitary sewer, gas and/or electric utility service lines. Separate meters for the respective utilities are allowed; (17) The principal single family dwelling unit and attached accessory dwelling unit shall have one heating and air conditioning system; (18) The accessory dwelling unit and the associated principal single family dwelling unit must meet all current state building, plumbing, electrical, mechanical, and fire code provisions including emergency vehicle access to any accessory dwelling unit.