5.4. BASR 08-23-2022Request for Action
To Item Number
Board of Adjustments 5.4
Agenda Section Meeting Date Prepared by
Public Hearings August 23, 2022 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Amber & Brett Steinwagner – 20835 Fresno St Zack Carlton, Community Development Director
Driveway Setback Variance, Case No. V 22-10
Reviewed by
Action Requested
Approve, by motion, the variance of 4 feet from the required side yard
driveway setback of 5 feet, 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.
Background/Discussion
The applicant is requesting a setback variance to install a 10-foot-wide
driveway approximately 8 inches from the south property line. The
required setback for driveways is 5 feet. The proposed driveway will
provide access the existing accessory structures located on the
property.
Majestic Oaks was platted in 2021 and the subject property includes
the existing home and accessory structures from the land prior to
platting. The access that was in place to the existing accessory
structures now crosses multiple lots created when the property was developed and can no longer be used.
The house is approximately 25 feet higher than the accessory structures with the contours north of the house
being a bit steeper than on the south. The septic system is located behind (east) the house and limits where a
driveway could be placed along the south property line. There is a 5-foot-wide drainage and utility easement along
the south property line.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity.
Updated: August 2020
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 variance is to allow access to detached garage, which is a use intended by the ordinance.
The general purpose and intend is to provide a buffer between a driveway and neighboring property for
drainage and utility purposes. The city engineering department has no concerns with a driveway being in a
portion of the 5-foot easement. If the variance is approved, staff recommends the driveway not be closer
than 1-foot from the property line.
2. Is consistent with the City of Elk River comprehensive plan.
Again, the City's comprehensive plan contemplated homes with accessory structures and being able to access them.
The property is guided for Traditional Single-Family Residential and single-family houses with accessory
structures and driveways are expected. The use is consistent with 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;
The petitioner's use of the property is reasonable and permitted, with the exception of meeting the setback for a driveway.
Parcels larger than one acre in the R-1a zoning district are allowed two driveways. The petitioner proposes
to use the property in a reasonable manner.
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
Prior to the platting of this property the existing accessory structure (shown in red on the attached site plan) was access from the
bottom of a steep ridge. This access (shown in yellow) now crosses multiple lots and wetlands created when the property was
developed and can no longer be used.
As you can note, the contours on the west side of this lot are too steep for a new driveway. The only logical location down the
hill for a driveway is on the east side of the parcel. The location of the septic system (shown in orange) prohibits a driveway on
the east side from moving far enough west to meet the 5-foot setback from a property line to a driveway the entire distance. We
are only proposing a 10-foot-wide driveway, which isn't excessive.
The purpose of this 5-foot setback is so snow is not pushed onto a1n adjoining property. These are larger lots and shouldn't be
an issue, but we will plow in a manner that avoids placing snow on the neighboring property.
The original homestead had an established vehicular circulation pattern that worked with the landscape of
the property. With the platting of the property, the usability of the accessory structures is now dependent
on access responding to the new landscape constraints of the parcel. The plight of the petitioner is due to
circumstances unique to the property and 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.
Granting the variance will absolutely not alter the character of the locality.
A variance would not alter the essential character of the locality and the lot to the south has yet to be built
upon.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by September 2, 2022, this item will go to the September
19, 2022, City Council meeting.
Mission/Policy/Goal
Work with citizens to achieve goals
Help, not hinder citizen quality of life
Attachments
Location Map
Applicant’s Narrative
Site Plan
Aerials
Steinwagner Case No:V 22-10
Variance *ver
E
Request: Variance on the 5 foot setback from a driveway to property line.
Applicants: Amber and Brett Steinwagner
Location: Lot 5, Block 1 Majestic Oaks, Sherburne County
Address: 20835 Fresno St, Elk River, MN
Five Criteria for Granting a Variance:
1) The variance is in harmony with the general purpose and intent of the ordinance.
The variance is to allow access to detached garage, which is a use intended by the ordinance.
2) The variance is consistent with the City of Elk River comprehensive plan.
Again, the City's comprehensive plan contemplated homes with accessory structures and being
able to access them.
3) The petitioner proposes to use the property in a reasonable manner not permitted by the
zoning ordinance.
The petitioner's use of the property is reasonable an; permitted, with the exception of meeting
the setback for a driveway.
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.
Prior to the platting of this property the existing accessory structure (shown in red on the
attached site plan) was access from the bottom of a steep ridge. This access (shown in yellow)
now crosses multiple lots and wetlands created when the property was developed and can no
longer be used.
As you can note, the contours on the west side of this lot are too steep for a new driveway. The
only logical location down the hill for a driveway is on the east sidlle of the parcel. The location
of the septic system (shown in orange) prohibits a driveway on the east side from moving far
enough west to meet the 5 foot setback from a property line to a driveway the entire distance.
We are only proposing a 10 foot wide driveway, which isn't excessive.
The purpose of this 5 foot setback is so snow is not pushed onto a'n adjoining property. These
are larger lots and shouldn't be an issue, but we will plow in a manner that avoids placing snow
on the neighboring property.
5) The variance, if granted, will not alter the essential harac'ter of the locality.
Granting the variance will absolutely not alter the chi ratter of the locality.
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