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5.1. BASR 07-25-2023Request for Action To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public Hearings July 25, 2023 Zack Carlton, Community Development Director Item Description Reviewed by The Cove – 13161 US Highway 10 Chris Leeseberg, Senior Planner  Front and Side Yard Setback, and Lot Width Reviewed by Variances, Case No. V 23-06 Action Requested Approve, by motion, the requested setback and lot width variances as the following standards have been satisfied: 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, Zach Brown, has requested a series of variances that will permit the platting of The Cove, a five-lot preliminary plat recently reviewed by both the Planning Commission and City Council. The requests include reducing the front-yard setback to 25-feet, modifying the side-yard setback to be 7.5-feet (potentially increasing the distance between buildings), and reducing the minimum lot width to 66-feet. The three ordinance deviations combined create a situation similar to what we have seen in developing areas of the community, but in this case the reduced lot width will only apply to three of the five parcels within the subdivision. The resulting lot configurations are also similar to the recently reviewed ordinance updates to our residential zoning districts. The requested change to the side-yard setbacks would allow all homes within the subdivision to be 15-feet apart. While this is a change to the current side-yard setback standards of 10-feet for the home, and 5-feet for the garage, the minimum distance between homes would be set at 15-feet and would not permit a situation where two garages were permitted at 10-feet apart. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity. Updated: January 2023 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 setbacks and lot width standards are intended to create a standard throughout a proposed subdivision/neighborhood. The requested standards would apply to all homes within the project area and would not create a unique situation within an established area. As the variance request will allow consistent development throughout the project area, 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 subject site is guided for single-family residential uses and the proposed use of the property is a five- lot, single-family residential project. The variance 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; The proposed residential development is relatively compact and the request only applies to the five parcels in the subdivision. The project is also consistent with other, similar, developments throughout the community. The proposed variance 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 own action or inaction; and The site has been the subject of numerous proposals and due to the unique shape, access, and location has been difficult to develop. Additionally, much of what had been assumed to be part of the buildable parcel is now occupied by a stormwater pond for Highway 10, further restricting the buildability of the site. The uniqueness of the parcel is not a consequence of the petitioners own inaction or action. 5. The variance, if granted, will not alter the essential character of the locality. The site abuts an existing single-family residential parcel and is otherwise surrounded by Lake Orono and Highway 10. The variance would not alter the essential character of the locality. Financial Impact None Mission/Policy/Goal  Responsibly grow  Meet changing needs - Agile Attachments  Location Map  Applicant’s Narrative  Plat and Site Plans ki 13cm= 75-1324435 75-132,2440 ON SITE in, kz kz 1 “The Cove” 13161 HWY 10, Elk River – Development Narrative BK Land Development is proposing a single family neighborhood along US Highway 10 along the shores of Orono Lake. The proposed development includes a total of 5 home sites on approximately 3.08 acres. The 5 home sites will allow for the construction of detached “villa- style” houses with a minimum 65 foot wide lots. The neighborhood will include landscaping and screening along Hwy 10 to give a private neighborhood feeling while being located on Orono Lake. The lots will be sold to builders for the construction of custom villa-style homes. 2 Development Team Developer: BK Land Development Zach Brown 13311 Arrowood Lane N Dayton, Minnesota 55327 Telephone: 763-202-9642 Email: zachbrown@edinarealty.com Soil Sciences: Haugo Geotechnical Services Paul Haugo 2825 Cedar Ave South Minneapolis, MN 55407 Telephone: 612-729-2959 Email: phaugo@haugogts.com Civil Engineer and Land Surveyor: Sathre-Bergquist, Inc. Eric Johnson, P.E. 14000 25th Avenue North Plymouth, Minnesota 55447 Telephone: 952-476-6000 Email: ejohnson@sathre.com Landscape Design: TBD Telephone: Email: Wetland Delineation/Services: Kjolhaug Environmental Services 2500 Shadywood Road, Suite 130 Orono, MN 55331 Telephone: 952-388-3752 Email: All Property will be owned by BK Land Development as the property is developed (grading may occur under current ownerships). Concept Plan Review The Developer and City staff have discussed a proposed concept plan. The Concept plan application includes this narrative, concept drawing of proposed development, and a conceptual marketing plan for the development highlighting the styles of homes to be constructed. p Comprehensive Plan The subject property is currently guided as Commercial and as part of the future land use plan, the subject property is guided as Traditional Single-Family Residential. The proposed residential development is in line with and meets the City’s future goals laid out in the comprehensive plan. Zoning The subject property is currently zoned C-3, Highway Commercial. The development application includes a re-zoning request that will change the property from Highway Commercial to PUD Residential. 3 Proposed Lot and Building Standard - PUD Lot Style Building Pad Width (min) Building Setbacks (min) Garage Stalls (min) Basement Type Total Impervious Surface “Villa- Style” Lot 40 feet Front – 25’ Rear – 25’ Side – 7.5’ 2 SOG, FB, LO and WO 50% Permitted Setback Encroachments - Steps, egress windows, fireplace, bay windows, air conditioner condenser, and roof overhang or gutters two feet into side setback. - Deck and patio 15 feet from rear property line Proposed lots (2/3/4) are requesting a variance on the typical lot width. Restrictive Covenants The Developer will prepare restrictive covenants and standards that will apply to the entire neighborhood. A select group of builders will participate in the proposed development. The restrictive covenants will be tailored to the Developer’s vision of the neighborhood. Each builder will be required to meet the specifics of building types, landscaping, and overall goals of the neighborhood. LOCATION MAP l �a pia SP SHEET INDEX TABLE SHEET Description SP Site Plan ALTA ALTA Survey PP Preliminary Plat UP Preliminary Utility Plan GP Preliminary Grading Plan EC Preliminary Erosion Control Plan DEVELOPMENT DATA 5 Single Family Lots Street: 50' ROW - 28' B-B CDS - 50' R SETBACKS Frontyard Setback: 25' Comer Setback: 25' Sideyard Setback: 7.5'/7.5' Rearyard Setback: 30' PREPARED BY PREPARED FOR ENGINEER DEVELOPER SATHRE-BERGQUIST, INC. BK LAND DEVELOPMENT 150 SOUTH BROADWAY 12929 DEERWOOD LANE WAYZATA, MINNESOTA 55391 DAYTON, MN 55327 PHONE: (952)476-6000 CONTACT: FAX (952) 476-0104 ZACH BROWN PHONE: (763) 202-9642 CONTACT: ERIC R. JOHNSON, P.E. EMAIL: ZACHBROWN@EDINAREALTY.COM EMAIL: EJOHNSON@SATHRE.COM LOCATIONOF ANY AND ALLEXISTING UTILITIES BEFORE COMMENCING WORK. HE AGREES TO BE FULLY RPONSIBLE FORANY AND ALL DAMAGES ARISING OUT OF HIS FAILURE TO EXACTLY LOCATE AND PRESERVE ANY AND ALL EXISTING UTILITIES. DRAWING NAME No. BY DATE REVISION USE (INCLUDING COPYING, DISTRIBUTION, AND/OR CONVEYANCE OF I HEREBY CERTIFY THAT THIS PLAN OR SPECIFICATION WAS CITY PROJECT NO. FILE NO. THE COVE 1 INFORMATION) OF THIS PRODUCT IS STRICTLY PROHIBITED WITHOUT PREPARED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I Eas sc, --- AMADULYREGISTEREDPROFESSIONALENGINEERUNDERTHE R`o PRELIMINARY SITE PLAN 100954-001 DRAWN SATHRE-BERGQUIST,INC'STITUTEEXPRESS AN AUTHORIZATIOILLEGITIMATE USE WITHOUT G O SATHRE—BERGQUIST, INC. xxx SAID AUTHORIZATION CONSTITUTES AN ILLEGITIMATE USE AND SHALL THEREBY LAWS OF THE STATE OF MINNESOTA. W N INDEMNIFY SATHRE-BERGQUIST, INC. OF ALL RESPONSIBILITY. �A1 ELK RIVER THE COVE cNEcI�D a 150 SOUTH BROADWAY WAVZATA, MN. 55391 (952) 476-6000 SATHRE-BERGQUIST, INC. RESERVES THE RIGHT TO HOLD ANY ILLEGITIMATE m "' m S P xxx USER OR PARTY LEGALLY RESPONSIBLE FOR DAMAGES OR LOSSES RESULTING DATE FROM ILLEGITIMATE USE. ERIC R. JO NSON P.E. MINNESOTA BK LAND DEVELOPMENT SEES9 GNFRS p�P`'2 05/25/2023 Dale: D5 Z -25 a2 Lic. No. 1ROW5432ΔΔΔ Δ Δ ROAD 1 ORONO LAKEBLOCK 1ΔΔΔΔΔΔΔ ΔΔΔΔΔΔ SITESHEET X OF X SHEETSTHE COVESRRGNNE ENIG EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLA CITY OF ELK RIVERSHERBURNE COUNTY, MNKNOW ALL PERSONS BY THESE PRESENTS: That Florence J. Hickman, a single person, fee owner of the following described property situated in the County of Sherburne, State of Minnesota, to wit:That part of West One-half of the Northeast Quarter of Section 32, Township 33, Range 26, lying North of the Right-of-way of U.S. Highway 10, as presently located and established and South of the Southerly shore line of Lake Orono; so-called, except that part thereof heretofore acquired by the State of Minnesota for highway purposes, Sherburne County, Minnesota.Have caused the same to be surveyed and platted as THE COVE and does hereby dedicate to the public for public use the public way and drainage and utility easements as shown on this plat.In witness whereof said Florence J. Hickman has hereunto set her hands this day of , 20 . Florence J. HickmanSTATE OF MINNESOTA, COUNTY OF This instrument was acknowledged before me this day of , 20 by Florence J. Hickman, a single person.My Commission Expires:Notary Public, County, Minnesota (Notary Printed Name)I Daniel L. Schmidt do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; thatall mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been or will be correctly set within one year; that all water boundaries and wet lands, as defined by Minnesota Statutes,Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this day of , 20__.Daniel L. Schmidt, Licensed Land SurveyorMinnesota License No. 26147STATE OF MINNESOTA, COUNTY OF HENNEPINThis instrument was acknowledged before me this day of , 20__, by Daniel L. Schmidt.My Commission Expires: Notary Public, Hennepin County, Minnesota (Signature) (Notary Printed Name)Approved and accepted by the City Council of the City of Elk River, Sherburne County, Minnesota at a regular meeting held this day of , 20 ., Mayor , ClerkPursuant to Sherburne County Ordinance Number 006, I hereby certify that this plat has been checked and approved as to compliance with Chapter 505, Minnesota Statutes this day of , 20 ., Sherburne County SurveyorI hereby certify taxes payable in the year 20 on lands herein described have been paid in full, and there are no delinquent taxes and that transfer was entered this day of, 20 ., Sherburne County Auditor/TreasurerI hereby certify that this instrument was filed in the office of the County Recorder for record on this day of , 20 , at o'clock .M.and was duly recorded as Document Number ., Sherburne County Recorder0SCALE IN FEET4020204080The basis for the bearing system is the North - South Quarterline of Section 32, Township 33, Range 26 and is assumed tobear North 01 degrees 00 minutes 13 seconds West.Denotes a 1/2 inch by 14 inch iron pipe monument setand marked by License No. 26147.Denotes a 1/2 inch pipe monument found and markedby License No. 26147, unless shown otherwise.Denotes a Found Cast-Iron-MonumentDenotes a PK-Nail and washer found and marked byLicense No. 26147.NORTHNOT TO SCALE10 66Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and being 10 feet in width and adjoining right of waylines, unless otherwise indicated, as shown on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:VICINITY MAPSECTION 32, TOWNSHIP 33, RANGE 26NO SCALEBASE FLOOD ELEVATIONS DETERMINED USING THE FEMAFLOOD INSURANCE RATE MAP, COMMUNITY-PANELNUMBER 27141C0390F, EFFECTIVE DATE NOVEMBER 16, 2011.