5.2. BASR 11-22-2022it ci
Elk*
River
Request for Action
To
Item Number
Board of Adjustments
5.2
Agenda Section
Meeting Date
Prepared by
Public Hearings
November 22, 2022
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Paul Peterson —18094 Fresno St. NW
Zack Carlton, Community Development Director
Variance for a 10' rear yard setback to construct
Reviewed by
a home, Case No. V 22-15
Action Requested
Approve, by motion, the 10' Rear Yard Setback Variance as all five
criteria required for approval of the variance are met.
Background/Discussion
The property received two variances in 2018, one for a lot depth
reduction and the other for a rear lot setback. The property was platted
and recorded with the lot depth variance. At that time, the property
owner attempted to sell the property until 2022, at which time the
current property owner purchased it. The ordinance states a variance
shall become void within two years following issuance unless
substantial action has been taken. Since it has been four years since
approval, the new property owner is again requesting a 10' rear yard
setback variance, allowing construction to be 15' from the rear
property line.
The subject parcel was an outlot included in the Mississippi Oaks
subdivision and includes the entrance monument for the area. The
oudot was platted in 2018 as Lot 1, Block 1, Mississippi Oaks Forth
Addition.
The property is zoned R-lb (Single -Family) and the ordinance includes
Figure I
a set of design criteria for buildable lots. The following table compares
the standard ordinance regulations to the proposed lot:
Standard Zoning Proposed Lot
Lot size:
11,000 SF
—24,400 SF
Front Yard Setback:
35 Feet
35 Feet
Side Yard Setback:
10 Feet
10 Feet
Garage Setback:
5 Feet
5 Feet
Rear Yard Setback:
25 Feet
15 Feet
The Elk River Vision P I I E I E U I i
A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATURE]
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
While the lot is more than twice the minimum size required, the approved reduced lot depth significantly reduces
the buildable area of the lot, which is why the reduction to the rear yard setback was originally approved in 2018
and again being requested. The buildable area is 45 feet deep at the widest point. The home and garage on this site
will need to conform to the long and narrow buildable area, but accessory structures will be permitted to follow
the standard garage setback of five feet from the side and rear property lines.
The applicant understands a future deck on the back of the house will not be allowed but a patio up to 5 feet from
the rear property line would be allowed.
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:
Is in harmony n ith the general purpose and intent of the ordinance, and
The parcel design standards (minimum lot depth and property setbacks) work together to ensure parcels
have enough buildable area to support a home, deck, garage, etc. while providing a buffer between
neighboring properties. While the reduced depth leaves the parcel with a shallow buildable area and the
reduced rear yard setback brings the home closer to the neighboring property than would otherwise be
permitted, the longer buildable area provides a future homeowner with the opportunity to choose a home
that fits this lot.
The variance is in harmony with the general purpose and intent of the ordinance.
2. Is consistent with the City of Elk River Comprehensive Plan.
The property is guided for Traditional Single-family Residential. This category predominately consists of
single-family detached homes occupying moderately sized lots. This land use is the most prevalent
residential type within the Urban Service Area and consists of a range of neighborhood typologies
including the historic grid block pattern neighborhoods surrounding the downtown and newer curvilinear
block pattern subdivision developments in the north, east, and west.
The variance is consistent with the City of Elk River 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 ordinance includes standards to ensure residential properties provide homeowners with enough
outdoor open space for living as well as accessory structures after a home is constructed on the property.
The proposed lot is more than double the minimum lot size for the zoning district, and a home designed
to fit within the proposed setback area is a reasonable use not 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 on�n action or
inaction; and
The property was originally platted as an outlot for an entrance monument and landscaping with the intent
to be managed by the HOA in perpetuity, but that group dissolved and no longer exists where
maintenance fell to the original developer. This is the reason for the previous property owner receiving the
two variances.
The property is unique in that it was originally designed for use as an entrance feature, and the current state
is not due to the petitioner's own action or inaction.
5. The variance, iifgranted, mill not alter the essential character of the locality.
The surrounding properties are developed as single-family homes and the property will be developed as a
single-family parcel. The front yard setback of 35 feet is maintained, preserving the appearance from the
street, and the reduced rear yard setback to 15 feet should not alter the character. The structure on the
property to the west is setback approximately 100-feet from the shared property line with the subject
parcel.
The variance will not alter the essential character of the loyalty.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by December 2, 2022, this item will go to the December 19,
2022, City Council meeting.
Attachments
■ Location Map
■ Applicant's Narrative
■ Proposed Site Plans
■ Plat
75-565-0122
75-556-0208
"J �,: 75-556-0206
75 565 0202
-565-0204 AI �•
o Z 15.556-0204V�`� /
75-556-0202
02
15-55G-0220
/5 556 0222
p75-5#46-0020 75-556A 24; 75-005-1205 697
75546-030675-556-0228 75-55610226 `10
75-546-0304
75-697-'0128
75-546-0308 per
/5-556-0230 75-556-0234
orthw� "t - 75-556-0232
1
75-556 0236 � 75-556-0102 _ � 75-697-013
75 546 0314 ✓75-556 0104
15-556-0238
75-556-0248
L / . 75-056-0246 ;
r - 15-556-0106 75-556-0244
75.556.0240
Peterson Case No:V 22-15
City of
Elk
Variance River
Application is for Lot 1 Block 1 Mississippi Oaks Fourth Addition. Parcel ID: 75-873-0105
Background:
We, Paul & Sandy Peterson, purchased the lot in June 2022 with the understanding that it was a
buildable lot due to the previously approved setback variance, V18-08. In reviewing our documents, our
builder found a clause that said if after 2 years of no significant improvement the variance was no longer
valid. The original variance was granted in 2018 and therefore expired in 2020, during Covid. The
previous owner attempted to sell it in 2021 and then took it off the market. We were able to buy it in
June 2022 after the sale of our previous home.
The previously approved variance, V18-08, allowed a 5 feet reduction off the rear setback of the lot. This
changes the rear setback from 20ft to 15ft. This provides only 38ft depth for a house.
We would like to request this variance to be re -approved as is with the 5 ft. reduction in the rear
setback.
This lot is a unique shape in that it is wider than it is deep. The road also curves around this lot. Re -
approval of this variance, would be consistent with the rest of the look along the street and provide
enough length in the driveway to get our cars off the street.
This request is consistent with this general purpose and intent of the ordinance in that it provides
adequate room between the adjoining property to the rear.
It is consistent with the comprehensive plan in that it zoned for residential and we plan to build a single
family dwelling on it.
The house would be positioned to face Fresno St. with the back to our neighbors on the adjoining
property to the west.
The sole reason for the request is due to the unique shape of the lot and the understanding that the
previously approved variance still applied.
If the variance is granted we will be able to build a single family home on the lot.
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