5.1. BASR 08-22-2023it ci
Elk*
River
Request for Action
To
Item Number
Board of Adjustments
5.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
August 22, 2023
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Dan Booth — 9980 213`' Avenue NW
Zack Carlton, Community Development Director
■ Accessory Structure Size Variance, Case No.
Reviewed by
V 23-07
Action Requested
Approve, by motion, the accessory structure size variance of 900 sq.ft.
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 an accessory structure size variance to allow
an additional 1,024 sq.ft. of detached accessory structure (a lean-to).
The property currently has attached and detached accessory structures,
for a combined total of 3,848 sq.ft. of space. The proposed structure
(65' x 16' - 1,040 sq.ft.), along with the existing garage space, totals
4,888 sq.ft., or 888 sq.ft. above the permitted area allowed under the
ordinance.
•
CR 33
0
_ CR_ 12 --
Figure I =
The property is 9.73 acres in size and located in the R1-a (Single Family _
Residential). Accessory structure sizes in this district are regulated by a sliding scale based on lot size. The
following chart provides the lot sizes and accessory structure size limits for the lot sizes near the subject site:
2.5 acres to < 5acres 3,000 sq.ft. of attached and detached garage space
5 acres to < 10 acres 4,000 sq.ft. of attached and detached garage space
10 acres to < 20 acres 8,000 sq.ft. of attached and detached garage space
At 9.73 acres the subject site is permitted 4,000 sq.ft. and is 0.27 acres below the next tier which would permit
8,000 sq.ft. of total garage space.
The Elk River Vision P O N E R E o s Y
A n elcoming community avith revolutionary and spirited resourcefulness, exceptional [NATURE
service, and community engagement that encourages and inspires pro perity. Updated. January 2023
Applicable Regulation
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 with the general purpose and intent of the ordinance, and
The intent of the accessory structure size limits is meant to maintain a community aesthetic and preserve
open space in the city's residential areas. The proposed accessory structure size is within the parameters
that are allowed on parcels just 0.27 acres larger than the subject site. The general observer would not
notice the lot size difference and as such, the proposed variance to exceed the accessory structure limit by
888 sq.ft. is minimal and is well below the limit afforded for a 10-acre parcel.
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 accessory structure variance
would not alter that use.
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 petitionerproposes to use theproperty in a reasonable manner notpermitted by the Zoning ordinance;
The property is 0.27 acres below the threshold needed to exceed the current garage space limit of 4,000
sq.ft. Their request keeps the accessory structure limit well below the 10-acre threshold that they nearly
meet, and the overall appearance of the structure and location would not create an unusual appearance for
the area.
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 applicant states the 0.27 acres of land the site would need to meet the 10-acre limit for additional
garage space was dedicated for 213`' Avenue right-of-way in the past.
The loss of land for public purposes is unique and is not a consequence of the petitioner.
5. The variance, ifgranted, mill not alter the essential character of the locality.
The site abuts numerous large lots, many of which have large accessory structures.
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
■ Site Plan
11
75-563T-01 30
I
75- 11 5W120 5-113-1301
Booth
Variance
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102
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Case No:V 23-07
City of
EIL*k�—�—
River'
V 23-07 Variance Narrative
Planning Commission and City Council,
I am requesting a variance so I can add a 16 foot by 64' 3" foot lean-to, to the south side of the
existing pole barn on my property. The addition will be used for storing items that can be stored
outside but would benefit from not having direct exposure from the sun, rain, and snow.
The additional space is not out of the ordinary for the neighborhood nor is it a departure from the
comprehensive plan. My lot is part of a development. At the time this development was created each
lot was required to have 10 acres or greater in this part of Elk River. Since then my acreage has been
reduced to 9.73 acres due to changes in the width of 213th Ave NW. I understand the ordinance
that is in place concerning the amount of storage allowed for lots of less than 10 acres. I feel that I
should be allowed this variance because I didn't have control over the reduction of the size of my
lot.
Dan Booth
9980 213th Ave NW
Elk River, MN 55330
The variance is in harmony with the general purpose and intent of the ordinance:
This addition will not change the community aesthetics as other accessory buildings in the area have
similar features.
The proposed accessory structure addition size is within the parameters that are allowed on parcels
just 0.18 acres larger than the subject site.
The variance is consistent with the City of Elk River Comprehensive Plan:
The subject site is guided for single family residential uses and the proposed accessory structure
variance would not alter that use.
Variances may be granted when the petitioner establishes that there are practical difficulties
in complying with the zoning ordinance. Practical difficulties means that:
The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance.
The additional space will be used for storing items that can be stored outside but would benefit from
not having direct exposure from the sun, rain, and snow. The overall appearance of the structure
and location would not create an unusual appearance for the area.
The plight of the petitioner is due to circumstances unique to the property not a
consequence of the petition's own action or inaction; and
My lot is part of a development. At the time this development was created each lot was required to
have 10 acres or greater in this part of Elk River. Since then my acreage has been reduced to 9.73
acres due to changes in the width of 213th Ave NW.
The variance, if granted, will not alter the essential character of the locality
The additional space is not out of the ordinary for the neighborhood nor is it a departure from the
comprehensive plan.
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