5.1. BASR 06-28-2022Request for Action
To Item Number
Board of Adjustments 5.1
Agenda Section Meeting Date Prepared by
Public Hearings June 28, 2022 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Steve Rust – 21562 Elk Lake Rd. NW Jennifer Green, Sr. Administrative Assistant
Lot Width and Lot Size Variance, Case No. V
Reviewed by
22-03 ~ continued from May 24, 2022
Action Requested
References to lot numbers shall be as those shown on the site plan dated June 28, 2022.
Approve, by motion, the lot size variance for Lot 2 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 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.
5. The variance will not alter the essential character of the locality.
with the following conditions:
1. The lot shall not be less than 1.75 acres in size.
2. Survey work/soil testing will need to be completed to ensure the lot can support primary and secondary
septic systems before the variance or plat is recorded.
Approve, by motion, the lot width variance for Lot 3 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 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.
5. The variance will not alter the essential character of the locality.
with the following condition:
1. Lot 3 shall not have less than 120-feet of frontage on the county right-of-way.
Deny, by motion, the lot size variance for Lot 3 for the following reason:
1. The plight of the petitioner is not due to circumstances unique to the property and is a consequence of the
petitioner’s own action or inaction.
Background/Discussion
The subject property is 10 acres in size and is zoned R1a where platting of new parcels requires a minimum of 2 ½
acres and 160’ of street/right-of-way frontage. The applicant is requesting two lot size and one lot width variances
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to subdivide his property. The proposed subdivision, as shown on the site plan dated June 28, 2022, would result
in three parcels, with the approximate dimensions:
Lot 1 (6.2 acres - 430’ of frontage)
Lot 2 (1.8 acres - 360’ of frontage) Lot size variance needed
Lot 3 (2.0 acres - 70’ of frontage) Lot size and width variance needed
The applicant is waiting to have the required survey/plat work done until they find out if they will receive the
variances. Once this is determined, they will apply for a plat and have the required survey work completed.
The applicant had a wetland delineation completed which shows a large wetland complex across most of the north
end of Lot 1 and about a half-acre wetland roughly in the middle of the entire subject area. This half-acre wetland
complex was the one in question by staff when the delineation was requested.
Lot 2
The proposed Lot 2 (~1.8 acre) has approximately 0.9 acres of upland outside of wetland and wetland setbacks. It
is unclear if this 0.9 acre is enough area to support a house and primary/secondary septic systems. Typically, there
is a need for 1 – 1 ½ acres. If variances are approved, survey work/soil testing will need to be completed to
ensure lots can support primary and secondary systems before the variance or plat is recorded.
Lot 3
It appears there is enough overall property that Lot 3 could meet the 2 ½ acre size requirement thus eliminating
one of the three variances being requested. Staff recommends Lot 3 shall be the ordinance required 2 ½ acres.
As proposed, Lot 3 is a Flag Lot which is prohibited by Section 30-482, even with a variance. A flag lot means a
lot so shaped that the building site area is set back from the street on which the lot fronts and the lot includes an
access strip, which is at any point less than 75 percent of the minimum lot width requirement in the zoning
district, connecting the building site area with the frontage street. As proposed, the access strip to Lot 3 is
approximately 70’ wide. The minimum lot width requirement for this property is 160’ and 75% of this is 120’.
Staff is supportive of the lot width variance if Lot 3 is not less than 120’. It is understood there are significant
grades in this area from the road into the property.
County Road Access
Sherburne County will only allow two access points to the subject parcel. Because of this, a shared driveway
would need to be required for Lots 2 and 3. Lot 1 will have its own driveway as far north as allowed by wetlands.
The applicant’s desire is to maintain the two driveways currently in the area of the county road access. If the
variances are approved, staff recommends the driveway be as shown on the shared driveway exhibit.
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 general purpose and intent are orderly development of property. The subject parcel has enough
property to mathematically have four 2 ½ acre parcels. The applicant is requesting three parcels which is
in harmony with the general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The Comprehensive Plan guides the subject parcel as Traditional 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;
Again, the subject parcel has enough property to mathematically have four 2 ½ acre parcels and the
applicant is requesting three parcels, which 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 subject parcel is encumbered with wetlands and restrictions on driveway placement by Sherburne
County, both of which are not a consequence of the petitioner's own action or inaction for Lots 1 and 2.
There are no unique circumstances limiting the size of Lot 3 and staff recommends denying the lot size
variance for Lot 3 as proposed.
5. The variance, if granted, will not alter the essential character of the locality.
It 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 July 8, 2022, this item will go to the July 18, 2022, City
Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plan dated June 28, 2022
Submitted Site Plan
Wetland Exhibits
Shared Driveway Exhibit
Possible Layout Exhibit
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Property split
21562 Elk Lake Rd. Northwest
Legal description- Lot 2, block 1, Jenior Addition, Sherburne county, MN
Requesting to split the property into 3 lots 1 lot being the one with the existing home on it. 2 other lots
1.9 acres each. The lot sizes are under the preferred 2.5 acre threshold due to wetlands and septic
locations. This 10 acre parcel would only have 3 total lots on it rather than the 4 lots allotted. Both lots
as drawn on the beacon print out have ample high ground and space to support a single family dwelling
on each. Upon approval of this preliminary plan we will have an official survey completed. We feel this
proposal would not alter the overall character of the locality.
The two 1.9 acre lots will need to have a side by side approach onto CR 1. This has been approved by the
county as the viable option due to the topography of the land. The highway department would prefer
this and is opposed to having another approach. They feel this would be the most practical way to
provide access to both properties. Per Mike Juricich
The existing property will have a new approach as far away as possible from the side by side approach
without impending on the wetlands.
Site,Plan June 282022
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