5.1. EASR 08-25-2020 �� Request for Action
Elk -
River
To Item Number
Board of Adjustments 5.1
Agenda Section Meeting Date Prepared by
Public Hearings August 25, 2020 Zack Carlton, Planning Manager
Item Description Reviewed by
Eric Toth— 12824 Orono Rd. Chris Leeseber , Senior Planner
Lot Size Variance—3,388 sq. ft. less than required Reviewed by
11,000 sq. ft. - Case No.V 20-10
Action Requested -
Deny,by motion, the lot 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 due to circumstances not
unique to the property and are a consequence of the u
petitioner's own action or inaction. �} cw sa
4. The variance could alter the essential character of the 1,
locality. _
Background/Discussion RR
The applicant,Eric Toth and his neighbor, Gary Stritesky,want to
split the vacant parcel between their two parcels and combine them i
with each of their adjacent lots. Normally this is a lot line adjustment ,`^, CR iz
the city signs off on and it gets recorded at the county. In this case,
Gary's lot (east of the vacant lot) is legally described in metes and
bounds and Eric's vacant lot is platted.
Due to state regulations, Sherburne County cannot approve property
line adjustments across platted and non-platted properties and will
only combine these lots through a platting process. To address those
limitations, the City Council approved a shortened platting process Figure I _
in 2017, only requiring Council approval on a consent agenda.
Eric is requesting a subdivision exemption (lot line adjustment),to combine the western half of the
vacant lot with his adjacent parcel,leaving the eastern half as a standalone parcel,not meeting the
minimum lot size standards for the R-1c zoning district. As mentioned,this standalone parcel cannot be
combined with Gary's parcel to the east without platting.
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
The property is zoned R1-c which requires lots to be 11,000 sq. ft.in size with a minimum width of 80-
feet. The applicant would like to complete a lot line adjustment where Lot 11,Block 2, Orono Lake
Addition (75-468-0265) will expand/absorb into Parcel A (8,779 sq. ft. &about 44'wide) leaving Parcel B
(7,612 sq. ft. & about 44'wide) as a stand-alone buildable lot,but which does not meet the lot size
standards of the zoning district,thus requiring the variance.
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 purpose and intent of the ordinance is to maintain uniform development in a neighborhood or
zoning district,provide a reasonable buildable area for a single-family home, and to provide
reasonable distances between structures, as established by the ordinance. While the current property
owners have no intention of developing Parcel B,the undersized parcel can support a structure
approximately 22' x 100'. The minimum house width allowed by ordinance is 22 feet.
The variance is not in harmony with general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The property is guided for residential. 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;
While adjusting lot lines to make one parcel larger is reasonable,it is not reasonable to leave a
standalone remnant parcel nearly 1/2 the required size for the zoning district.
The use is not reasonable nor permitted by the zoning ordinance.
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 plight is a consequence of the petitioner's own action. They are trying to execute a lot line
adjustment on two conforming parcels resulting in one parcel becoming non-conforming,requiring
the variance. They can accomplish the same goal by platting the parcels as the city streamlined that
platting process in 2017.
5. The variance,if granted,will not alter the essential character of the locality.
The essential character of the locale could be altered if a non-conforming parcel is approved and a
home is built on the site.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by August 4, 2020, this item will go to the
September 21, 2020, City Council meeting.
Attachments
■ Location Map
■ Applicant's Narrative
■ Survey of 75-468-0270
■ Before and After Exhibits
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Variance
Case
No:V 20-10
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AUG U 4 2020
Eric and Elizabeth Toth — Request for Variance Narrative
Eric and Elizabeth Toth, as owners of Lots 11 and 12, Block 2, Orono Lake Addition, are requesting
approval to achieve a simple lot split of Lot 12 (known locally as the "Garden Lot") as more fully
described on the attached "Certificate of Survey and Lot Split." This simple split will allow us to sell the
resulting Parcel B to our neighbors, Gary and Diane Stritesky (property ID 75-132-4100). We will retain
Parcel A, which will be attached to Lot 11. We have been informed by City staff that Parcel B cannot be
attached to the Stritesky property because their property was never platted (the Striteskys would own
Parcel B as a separate unbuildable lot).
Neither party has an interest in further development of the Garden Lot as a new residence, therefore we
do not see a need to create a buildable lot from this split (City staff have suggested that the Garden Lot
should be split into a buildable lot and an unbuildable lot). Rather, we believe the proposed split will
allow both parties to more fully enjoy the use of their respective properties while contributing desirable
greenspace to the community. The Stritesky property is bounded by roadways on three sides with
structures being effectively restricted to the western edge of the property; Parcel B will give them some
"breathing space." Our property includes a historic barn which we wish to protect as a cultural resource
for the community, thus our desire to retain a buffer to the east of the barn.
We believe the proposed simple split should be allowed as it serves the interests of the adjoining
property owners and is consistent with the City's Comprehensive Plan. It is our understanding that the
intent of the Comprehensive Plan is to guide future growth, redevelopment, and improvement efforts in
the City. The five themes, and our statements regarding conformity, are:
• Maintain a distinct identity: Historic Elk River clearly has the character of "small town"
Minnesota; the newer parts of the City are more typical of suburban development elsewhere in
the region. Both the new and the old are important to the identity of our city; our neighborhood
is typical of the older development with larger, irregular lots exhibiting a wide variety of housing
styles and, in our specific instance, remnants of Elk River's agricultural heritage. The proposed
split allows us to maintain the distinct character of our immediate area by maintaining a space
that has not been previously built out.
• Create and maintain strong neighborhoods: We believe the proposed split will help maintain
this neighborhood as a desirable place to live (we have chosen to retire here) by retaining the
historic physical character and property values — desirable neighborhoods make strong
neighborhoods with engaged, connected, and concerned residents.
• Keep Elk River a "safe" place: In addition to the benefits of a strong neighborhood as it relates to
overall community safety, our proposal will eliminate the addition of an additional driveway
entrance on Orono Road.
• Preserve and maintain the environment: It is the intent of both parties to maintain the "Garden
Lot" as a green space in the city with its inherent benefits to aesthetic character, microclimate,
wildlife, stormwater management, etc. The retention of a building lot, which we have already
stated that we would not sell for a new residence, does not contribute to this goal.
• Make Elk River a "complete" place: The division of "Garden Lot" will help ensure that Elk River
continues to be a "complete" city by maintaining the diverse character of the city that continues
to attract and retain both residents and businesses.
This simple lot split, creating two smaller lots from the existing "Garden Lot," is a necessary and unique
situation because the Stritesky property was not platted thus preventing a simple property line
adjustment. As shown on the original 1960 plat map, Orono Lake Addition was created and platted with
exception to the property now owned by the Striteskys. We have not been able to find any further
details for this exception; it may have involved the future realignment of the roads adjoining the
Stritesky property.
We have discussed this simple lot split with Sherburne County Auditor/Treasurer, Diane Arnold; she has
told us that she has no concerns with this proposal.
In closing, we would like to emphasize that this simple lot split will ensure that the property will be
maintained as it is today, as a natural green space. This space will allow for our families to garden and
safely enjoy the outdoor environment. The essential character of the property will not be altered.
On behalf of ourselves and our neighbors, we would like to thank you for your consideration of this
matter. We look forward to your favorable response and the opportunity for us to move ahead with
implementing this split for the benefit of all parties. If you have any questions, or if you need additional
information, please contact us.
Thank you,
Sincerely,
Eric and Elizabeth Toth
CERTIFICATE OF SURVEY & LOT SPLIT
FOR: Eric Toth
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Existing Description:
Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota.
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Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota.
Proposed Parcel A
That part of Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota, lying west of a line described as follows: Beginning at a point on the northerly line of said Lot 12, distant
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Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota, Except that part lying west of a line described as follows: Beginning at a point on the northerly line of said Lot 12, distant
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Landform®and Site to Flnlsh®are registered service marks of Landform Professional Services, LLC.
I hereby certify that this survey, plan or report was 9 101 105 South Fifth Avenue
prepared by me or under my direct supervision and e� • Suite 513
that I am a duly licensed Land Surveyor under the L A N D F 0 R M
laws of the State of Minnesota.
rom Site to Finish Minneapolis, MN 55401
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• Web: landform.net
Larry Hu Date: 412812020
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Existing Description:
Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota.
Proposed Parcel A
That part of Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota, lying west of a line described as follows: Beginning at a point on the northerly line of said Lot 12, distant
44.88 feet southeasterly of the northwest corner thereof; thence south to a point on the southerly line of said Lot 12, distant 44.14 feet northeasterly of the southwest corner thereof,
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Lot 12, Block 2, Orono Lake Addition, Sherburne County, Minnesota, Except that part lying west of a line described as follows: Beginning at a point on the northerly line of said Lot 12, distant
p 44.88 feet southeasterly of the northwest corner thereof; thence south to a point on the southerly line of said Lot 12, distant 44.14 feet northeasterly of the southwest corner thereof.
Landform®and Site to Flnlsh®are registered service marks of Landform Professional Services, LLC.
I hereby certify that this survey, plan or report was 9 101 105 South Fifth Avenue
prepared by me or under my direct supervision and e� • Suite 513
that I am a duly licensed Land Surveyor under the L A N D F 0 R M
laws of the State of Minnesota.
rom Site to Finish Minneapolis, MN 55401
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• Web: landform.net
Larry Hu Date: 412812020
License. No. 24332 Revised: 5/07/2020 Job No. ZZZ20508 Drawing: ZZZ20508 LOT.dwg By: DM
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