5.1. BASR 10-26-2021 Request for Action
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To Item Number
Board of Adjustments 5.1
Agenda Section Meeting Date Prepared by
Public Hearings October 26, 2021 Zack Carlton,Planning Manager
Item Description Reviewed by
Ron Touchette—507 Oxford Ave NW Chris Leeseber , Senior Planner
Case No.V 21-05 Reviewed by
Front and Side Yard Setback Variances
Action Requested
Approve,by motion,the front and side 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 " CR 33
ordinance.
4. The plight of the petitioner is due to circumstances unique to
3
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.
Hwy 10
and; - -- CR 12
with the following condition:
1. The front yard setback shall be reduced to two feet on the east
and north property lines for the detached garage. �P
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Figure I -
Background/Discussion
The property,0.26 acres in size,is zoned R1c and abuts Highway 10 to the north. The Veteran Memorial abuts the
property along the east as Oxford Street was removed as part of the Highway 10 project. The setbacks for
detached accessory structures in this zoning district are as follows:
Front: 30'
Side: 5'
Rear: 5'
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
The applicant is requesting a front (along the Highway 10 RAV) and side yard setback variance to place the garage
two feet from the property line at the closest point. The two-foot setback will remain along the east property line
and the setback along Highway 10 will increase well beyond the two-foot minimum.
The previous garage was removed and did not meet the minimum garage size standard of 22'x 24',was within the
right-of-way for Highway 10, and was in poor structural condition. The new garage meets the minimum size
guidelines as outlined in the ordinance.
Applicable Regulation
(The applicant's responses are italicized 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 as it retains the harmonious use and
appearance of the home with the character of the neighborhood and enhances the livability and usability of the home. This is
accomplished by replacing the on garage with a garage placed within the confines of the property and outside of the DOT
easement, creating space to park and place the family's vehicles and belongings.Additionally, it provides an actual physical
barrier to the noise, activity, and danger of the adjacent highway for both the 507 Oxford family and the neighborhood. It
should be noted that the DOT, when asked to includefencing or any type of screening between the neighborhood and the
Highway declined. Placing the garage in this location actually provides desirable screening as well as a physical barrier to the
dangers of Highway 70 and will deter neighborhood residents from continuing to use the formerpath of OxfordAv as an
access point to attempt to access or even cross the highway in the absence of any proactive barriers which were declined by the
DOT.
Setbacks established to buffer between properties and public rights-of-way. The proposed garage is less
intrusive than the previous one and due to the wide right-of-way for Highway 10 will be less impactful to
the surrounding aeras.Additionally, the property to the east is a Veteran's Memorial that has been in place
for some time.With the vacation of Oxford,the remaining east half of the right-of-way (approximately 30
feet) will become turf, further buffering the garage from the memorial. The request is in harmony with the
general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River comprehensive plan.
The variance is consistent with the City of Elk River comprehensive plan which maintains this area as a residential area.
The request will be more consistent with city standards that what had previously been in place. 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;
Variances may be granted when the petitioner establishes that there are practical diftulties in complying with the Zoning
ordinance and in this case, we are prohibited from keeping the garage in the same location due to the DOT easement which is
outside of our control. ilhen discussed with the DOT representative his exact statement was "don't take this the wrong way
but we just don't care, It's a local matter and we have a sovereign order that allows us to do what we need to do, so we just
don't care". Granting this variance will simpyretain the reasonable use of the property as a single family home in a
reasonable manner fitting the unusual circumstances caused by the Highway 10 expansion.
The proposed use as a single-family parcel with a detached garage is reasonable, and the placement is made
challenging due to the location of the right-of-way and shape of the parcel.
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; and
ile did not create this circumstance it was forced upon us and is unique to this situation and property. ire have worked with
the DOT for severalyears to come up with a reasonable and equitable solution to this taking resulting from the Highway
expansion. ire had a final plan to solve the situation which was co*leteydisregarded when the DOT determined that they
did not have the fee simple ownership of the land enabling them to acquiesce, as originalyintended, to the vacation of Oxford
entirely to the 507 Oxfordproperty. This is causative to the need for a variance for the garage and driveway.
The request is the result of a MnDOT project to improve Highway 10. This is unique to the property and
not a consequence of the petitioner's action.
5. The variance,if granted,will not alter the essential character of the locality.
Granting this variance is both a reasonable use and, in our view will both retain and enhance the essential character of the
property and the neighborhood as detailed above.
Construction of a detached garage is expected in a single-family neighborhood and 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 November 5,2021, this item will go to the November
15, 2021, City Council meeting.
Mission/Policy/Goal
■ Ethical, efficient,and responsible
■ Work with citizens to achieve goals
■ Help, not hinder citizen quality of life
Attachments
■ Location Map
■ Site Plan
■ Applicant's Narrative
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Request for Variance for new garage and driveway, 507 Oxford Av Elk River MN
City of Elk River, MN
Single family home at 507 Oxford Av NW, Elk River MN relocation of garage and driveway displaced by
the Highway 10 reconstruction and closure of Oxford Av.
We respectfully request a variance to place a portion the new driveway and one side and one corner of
the proposed new garage within 2 feet of the relocated property line (adjusted with the vacation of
Oxford St.) and the Highway 10 easement line.
This variance is requested due to the change in location of the new property line. Originally the DOT
had proposed to request the vacation of Oxford Av. to the City of Elk River with the entirety of Oxford Av
vacated property to attach to 507 Oxford property. This vacation request was presented to the City and
the City Council approved the action some time ago. However, the DOT subsequently confirmed with
Zack Carlton and Ron Touchette that they do not actually own the property on the other side of Oxford
Av and therefore have no standing to pass the now vacated one half of the former Oxford Av over to the
507 Oxford property as originally planned. The original garage could not be rebuilt per the DOT due to
encroachment within the DOT ROW easement. With the absence of one half of the former Oxford
parcel the new garage will not fit in the desired location without encroaching in close proximity to the
front of the home and interfering with the best and highest useability and livability of the home for the
family.
We respectfully assert that the variance request meets the variance criteria as follows:
1. The variance is in harmony with the general purpose and intent of the ordinance as it retains the
harmonious use and appearance of the home with the character of the neighborhood and
enhances the livability and usability of the home. This is accomplished by replacing the original
garage with a garage placed within the confines of the property and outside of the DOT
easement, creating space to park and place the family's vehicles and belongings . Additionally, it
provides an actual physical barrier to the noise, activity, and danger of the adjacent highway for
both the 507 Oxford family and the neighborhood. It should be noted that the DOT, when asked
to include fencing or any type of screening between the neighborhood and the Highway
declined. Placing the garage in this location actually provides desirable screening as well as a
physical barrier to the dangers of Highway 10 and will deter neighborhood residents from
continuing to use the former path of Oxford Av as an access point to attempt to access or even
cross the highway in the absence of any proactive barriers which were declined by the DOT.
2. The variance is consistent with the City of Elk River comprehensive plan which maintains this
area as a residential area.
3. Variances may be granted when the petitioner establishes that there are practical difficulties in
complying with the zoning ordinance and in this case, we are prohibited from keeping the
garage in the same location due to the DOT easement which is outside of our control. When
discussed with the DOT representative his exact statement was "don't take this the wrong way
but we just don't care, It's a local matter and we have a sovereign order that allows us to do
what we need to do, so we just don't care 11
• Granting this variance will simply retain the
reasonable use of the property as a single family home in a reasonable manner fitting the
unusual circumstances caused by the Highway 10 expansion.
4. We did not create this circumstance it was forced upon us and is unique to this situation and
property. We have worked with the DOT for several years to come up with a reasonable and
equitable solution to this taking resulting from the Highway expansion. We had a final plan to
solve the situation which was completely disregarded when the DOT determined that they did
not have the fee simple ownership of the land enabling them to acquiesce, as originally
intended, to the vacation of Oxford entirely to the 507 Oxford property. This is causative to the
need for a variance for the garage and driveway.
5. Granting this variance is both a reasonable use and, in our view will both retain and enhance the
essential character of the property and the neighborhood as detailed above.
Respectfully requested,
Ron Touchette