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5.1. BASR 09-22-2020 Request for Action Cir•ci Elk - River= To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public Hearings September 22, 2020 Chris Leeseberg, Senior Planner Item Description Reviewed by Charles &Kathleen Gravning—517 Proctor Zack Carlton,Planning Manager Ave. NW Reviewed by Variance for a 14' side yard setback (required 30'), Case No. V 20-12 Action Requested Approve,by motion,the 19' front yard setback 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 consistent with the Comprehensive Plan. 3. The proposed use is reasonable and is permitted in the zoning " ca 33 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. - RR 5. The variance will not alter the essential character of the locality. T -�,-_Hsty Background/Discussion v CR 12 -_ The applicant is seeking a front yard setback to allow construction of a bedroom addition for their aging mother. The property is zoned R1-c and has a front yard setback of 30-feet. Pp The property is a corner lot located at the southwest corner of Proctor and Highway 10. Corner lots are subject to two front yard setbacks. j The existing house is approximately 15 feet from the property line on Proctor and approximately 11 feet from the property line on Highway Figure i 10. The submitted drawings show the addition being located 14 feet from the property line on the Highway 10 side. Applicable Regulation (The applicant's responses are italicized with staff's 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 Elk River Vision P O N E R E o s Y A welcoming community avith revolutionary and spirited resourcefulness, exceptional [NAWRE service, and community engagement that encourages and inspires prosperity. Updated.August 2020 ile are on the corner of Highnray 10 and Proctor Ave. But we are separated by a tree line because we are on the corner the north side of our house mould be considered a front line. The setback is 30 ft. Our existing house is 10 feet from the property line on the north side. IYIe are proposing to add an addition approx. 14 feet from the property line on the north side. It mould be straight back off the house in the same footprint as our existing entry and deck. The general purpose and intent of front yard setbacks is to provide a consistent setback of homes along a street as well as provide a reasonable amount of front yard space. They are requesting the variance for the north side of the house,which fronts Highway 10. None of the homes along Highway 10,in the general vicinity, access or front Highway 10. They are requesting the addition be in the same location of the existing deck. The general purpose and intent are met. 2. Is consistent with the City of Elk River Comprehensive Plan. ire have made a lot of changes to our house to improve the neighborhood. ire take pride in our home and love living in Elk River. The addition mould be consistent to the changes we have already made. The si.Ze of the addition will be in line with the size of the rooms we already have. My mother needs to come live with us and is unable to do the stairs anymore. The property is guided for single family residential 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 means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; ire avant to add a bedroom and nen,entry off the back of our house. Adding an addition in the same location as the deck is located 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 Because we live on the corner of Hi ghnray 10 and Proctor we have two front setbacks. Otherwise we mould be within the 10 foot side setback. There is no other place on our property to add the addition. Our driveway is on the south side of our house. The Highway 10 right-of-way is approximately 60-feet deep on the north side of the subject parcel. It is unclear if the right-of-way was expanded in the past,resulting in a legal non-conforming lot. Adding an addition in the same location as the deck would not be placing the proposed addition closer to the right-of- way than currently exists. The circumstances unique to the property are not a consequence of the petitioner's own action or inaction. 5. The variance,if granted,will not alter the essential character of the locality. ire mould be removing the existing entry and deck. The new addition mould be inside the existing house lines and mould not look out of place. Most of the homesin our neighborhood are two and three bedroom homes. None of our neighbors can even see the proposed addition except the house behind ours that is 3 lots array from our home. The essential character of the locale will not be altered if the variance is granted. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by October 2,2020, this item will go to the October 19, 2020, City Council meeting. Attachments ■ Location Map ■ Applicant's Narratives ■ Site Plans HWY 10 n Gravning !�kk Variance Case No:V 20-12 ERiver Variance Application for 517 Proctor Ave NW, Elk River Bedroom Addition We are applying for a variance to build a bedroom addition off the back of our house. My mother is an elderly senior and can no longer afford to live on her own. She is unable to do stairs any longer so in order for her to live with us we would need to add a bedroom on the main level. We are hoping to get a variance to build straight off the back of our house, we would remove the existing small back entry that was built very poorly and add a 14 x 20 addition that would be the new entry, bedroom and walk in closet. We would be removing the 48 sq ft entry and replacing it with the new addition. The new addition would be 14 ft from the side property line, but because we live on the corner our side setback is 30 on the north side. The new addition would be 3 feet further in than the original part of the house which is 11 feet from the property line. 1-0 CY) I I I 1#011;, ;ate,SherburneCounty, 41 t� t } Legend Exempt Wetlands ' Not Classified General Development Natural Environme Recreational Development Parcels Streams Disclaimer: Every attempt has been made to ensure thatthe information contained on this aeb site is valid at the time of publication. SherbumeCounty reserves the rightto make additions, changes, or corrections at any time and Mthoutnotice Additionally, Sherburne County disclaims any and all Rabilityfor damages incurred directly or indirectly as a result o f errors, omissions or discrepancies and is not responsible for misuse or misinterpretation. Data is updated periodically. For the most current information contact the appropriate countydeportment. : Sherburne County information about StCloud properties are limited to classification and value. Anyquestions regarding additional information please contact the City of St Cloud's assessor office. Date created: 8110!24201 Last Data Uploaded: 8/10/2020 9:48:00 PIS Developed bYL & Schneider T'*GEQSPAIT At. j .3ioe: iv Rear,-, '