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5.1. BASR 05-23-2023it ci Elk* River Request for Action To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public Hearings May 23, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Spencer Mattson — 19562 Ulysses St. NW Zack Carlton, Community Development Director Reviewed by ■ Lot Size Variance, Case No. V 23-03 Action Requested Approve, by motion, the 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 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. and; with the following conditions: 1. Documentation be provided for each lot that primary and secondary soil treatment areas are available on the proposed parcels. 2. The Proposed Parcel -A contains a wetland which will need to be delineated prior to a building permit being issued. 3. Connection to city water and sewer as required. Hwy IO ,.` CR 12-- r I_ — .Q -4\ Figure I - -- 4. Follow Minnesota Department of Health wellhead protection requirements. Background/Discussion The subject parcel is zoned R1a which requires a minimum lot size of 21/2 acres. The applicant is seeking a lot size variance to allow a property line adjustment between two parcels, creating one new buildable parcel. Parcel -A is 3.39 acres and Parcel-B is 3.15 acres. Parcel -A is approximately 65' x 2,200', which is undevelopable, appears to have been created for possible right-of-way. Parcel-B contains an existing home and is owned by the applicant's family. The applicant is proposing to move the shared property line about 395' to the east, reducing Parcel-B to The Elk River Vision P I I E I E U I Y A n elcoming community with revolutionary and spirited resourcefulness, exceptional INATUREI service, and community engagement that encourages and inspires prosperity. Updated. August 2020 1.29 acres and adding about 1.80 acres to Parcel -A, creating a buildable parcel. The Proposed Parcel -A will be 5.21 acres in size and have access to 196`h Avenue. The subject parcel, along with much of the area, was recently added to the urban service district where lot sizes could be around 11,000 square feet. While services are not expected to be in the area soon, there are services available to the proposed buildable parcel from the west and the new proposed parcel may be required to hook up to city services. The subject property is located within the emergency response area of a municipal well, any construction on this property needs to follow Minnesota Department of Health wellhead protection requirements. 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 avith the general purpose and intent of the ordinance, and Lot sizes are typically established to ensure that new development is consistent with the intended character of the neighborhood or community. There are 18 parcels directly across the street that are 0.88 acres in size. The parcels on the same side of the street are a minimum of 3-acres. It appears the intent was to split these parcels in half, creating additional lots along the right-of-way (Parcel -A). Current lot size requirements are 2 '/Z acres but future lot sizes could be around 11,000 square feet. 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 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. While the property and the area are now included in the urban service district, the timeline to transition to city services is unknown. 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 applicant and property owner are proposing to adjust a property line to make an undevelopable parcel buildable and similar to the size of nearby parcels. 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 petition's on�n action or inaction; and This well and septic property, and others in the area, likely were intended to be subdivided in the past to approximately 1 '/Z acres and now these parcels are within the urban service district without available services. For reference, parcels that are in the R1-b district that do not have services, require a minimum lot size of 1-acre. Due to smaller lots sizes, staff recommends documentation be provided for each lot that primary and secondary soil treatment areas are available on the proposed lot sizes. Proposed Parcel B (with the existing house) may need to be made larger to accommodate this. 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, iifgranted, mill not alter the essential character of the locality. Many of the properties in the area are similar in size to what is being proposed. The variance will not alter the essential character of the locale. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by June 2, 2023, this item will go to the June 20, 2023, City Council meeting. Attachments ■ Location Maps ■ Applicant's Narrative ■ Applicant Site Plan/Survey ■ Staff Proposed Parcels Exhibit -,�_ :iAOp 1ILXI ibim tir Mattson Variance .1 75-123-3415 '" � 75-123-4301 97th Ave ue N rthw st, _ 75-126-2142 75-126-2140 7 75-126-2150 75-126-110" 75-126-2120 • 75-126-2135 r 75-589-0003 c - , 75-126,2125 d - Y N � 15-650-014U H 75-126-2130 - 75 A - 75-126-2145 �' Case No: V 23-03 City of Elk River - 6j yZ r . e 1 r- 75-126=2135 0.11 Mattson Variance 75�7,1-03 Case No:V 23-03 City of Elk River V 23-03 Narrative The proposed variance more than exceeds the current R1a setbacks. The current house is more than 35' from the front, 30' from the back, and 20' from the sides, shown on the site map. The lot is over the 160' wide minimum. The only criteria it does not meet is the 2.5 acre minimum. However, the parcels across the street are well below the current 2.5 acre minimum. They are all.88 acre lots. Parcels 75-471-0260, 75-471-0250, 75- 471-0240, 75-471-0230, 75-471-0380, 75-471-0370, 75-471-0360, 75-471-0350 are all examples of this. Parcel 75-126-2140 was subdivided with 75-126-2142 a few years ago, and both of the new property sizes fall below the 2.5 acre limit at 2.31 and 2.37 acres. Based on the other properties around parcel 75-126-2144 should qualify for the proposed variance. his property was guided for traditional single-family residential. The proposed variance is creating a new single family parcel that is similar in size to the neighboring parcels. The new lot being created and the existing lot will comply with the current zoning ordinance because both lots will have a residential home on them. Neither will be used as a commercial property. Parcel 75-126-2144 and the neighboring properties were originally intended to be smaller lots. 75-126-2200 was intended to be used for road access to those properties. This circumstance is unique because 75-126-2144 is the only property that has direct access to 196th Ave NW. The sewer and water connection also ends right at the end of 196th Ave NW. This makes it very easy for the future home to connect to the existing utilities. The variance will not alter the essential character of the area. It will be adding another residential home to the Elk River community! I-W9 " 77126-2144 395.9 138.6 5729 00 9274 v 5938 97th Ave NW N 894 05 30 a N n PID# 75-126-2200 CERTIFICATE OF SURVEY for Spencer Mattson Lot Split and Adjoin That part of the West 66.00 feet of the East Half of the Northwest Quarter, Section 26, Township 33, Range 26, Sherburne County, Minnesota which lies Northerly of a line drawn parallel with and distant 50.00 feet Northerly of the following described line: Commencing at the Southwest corner of said East Half of the Northwest Quarter; thence North 00 degrees 21 minutes 20 seconds East, an assumed bearing along the West line of said East Half of the Northwest Quarter, a distance of 367.87 feet; thence Northwesterly and Westerly, a distance of 420.50 feet, along a non -tangential curve concave to the South, having a radius of 454.00 feet, a central angle of 53 degrees 04 minutes 07 seconds and a chord which bears North 75 degrees 22 minutes 27 seconds West, to the point of beginning of said line to be hereinafter described; thence Easterly and Southeasterly, a distance of 432.95 feet, along said last described curve and its Southeasterly extension, being concave to the South, having a radius of 454.00 feet and a central angle of 54 degrees 38 minutes 20 seconds; thence South 47 degrees 16 minutes 10 seconds East, tangent to said last described curve, a distance of 286.25 feet and said line there terminating. 0 Original parcel to be split from 75-126-2144, deed A860355 The South 198 feet of the North 990 feet of that part of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26 lying westerly of the plat of Oak Hills 1st Addition, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County; excepting therefrom the West 66 feet of said East Half of the Northwest Quarter. New parcel to be split from A860355 to adjoin 75-126-2200 The South 198 feet of the North 990 feet of the West 462 feet of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26 New parcel legal of 75-126-2144 The South 198 feet of the North 990 feet of that part of the East Half of the Northwest Quarter of Section 26, Township 33, Range 26 lying westerly of the plat of Oak Hills 1st Addition, according to the map or plat thereof on file and of record in the office of the Register of Deeds in and for said County; excepting therefrom the West 462 feet of said East Half of the Northwest Quarter. Denotes a 1 / 2" iron pipe plastic broken orange cap unlegible O Denotes a 5 / 8" by 18" re bar with plastic cap "Hancock 57887" ALL BEARINGS ARE IN NAD 83 SHERBURNE COUNTY COORDINATES 1996 ADJUSTMENT HAfICOCK SURVEYING 28740 SUNNY HILL RD BROOK PARK, MN 55007 320-629-2023 I hereby certify that this survey, plan, or report was prepared by me or under my direct supervise and that I am a duly Licensed Land Survey tar under th6 laws of the state of Minnesota. Signature: - Typed or Printed Name: Akan Hancock L.S. Date: 10/11/2022 License Number: 57887 - Proposed Parcels Exhibit .._. _ I Proposed arcel A y. itw, o. .. .. -- t :I i •'