5.1. BASR 10-24-2023it ci
Elk*
River
Request for Action
To
Item Number
Board of Adjustments
5.1
Agenda Section
Meeting Date
Prepared by
Public Hearings
October 24, 2023
Chris Leeseberg, Senior Planner
Item Description
Reviewed by
Mark Christofferson —18585 Ogden St. NW
Zack Carlton, Community Development Director
■ Front Yard Setback Variance to construct
Reviewed by
an Accessory Structure, Case No. V 23-09
Action Requested
Approve, by motion, the front yard setback variance of 15 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 CR 33
ordinance.
4. The plight of the petitioner is due to circumstances unique to
the property not a consequence of the petitioner's own action x
or inaction. RR
5. The variance will not alter the essential character of the locality.
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And with the following condition: Hwy 10 _ CR 12
1. The property owner assumes all responsibilities for the
structure located in the drainage utility easement and will be
responsible for removing the structure if ever required. �P
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Background/Discussion
The property is zoned R1-b Single -Family Residential and is a corner
lot with streets on the north and west sides. The applicant is seeking a
Figure I
front yard setback variance, of 15 feet, to allow construction of an
accessory structure in their backyard. A variance is requested due to the presence of public right-of-way (streets)
on two sides of the property which follow front setbacks requirements.
The property has the following setbacks for detached accessory structures:
Front: 35' (from the north and west property lines)
Side: 5'
Garage Side: 5'
Rear: 5'
The Elk River Vision P I I E I E U I Y
A Welcoming community with revolutionary and spirited resourcefulness, exceptional [NATURE]
service, and community engagement that encourages and inspires prosperity. Updated. August 2020
The applicant is proposing a 20' x 18' detached accessory structure 35' from the curb edge (approximately 20'
from property line) and 10' from the east property line. The proposed location would also be located 10' into a
drainage and utility easement but the engineering department does not see any concerns with it being located
where proposed. The property owner would assume all responsibilities for the structure located in the drainage
and utility easement and would be responsible for removing the structure if ever required.
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:
1. Is in harmony with the general purpose and intent of the ordinance, and
The intent of the ordinance is to keep all neighboring structures aligned and maintain a uniform and aestbeticalypleasing
appearance throughout the neighborhood. There are no otherineighboring structures along this section of 186th Ave Nil
The only two parcels on the south side of 186`h Avenue in the adjacent neighborhood to the east have
accessory structures that also do not meet the required setback requirements.
The general purpose and intent of the ordinance are met.
2. Is consistent with the City of Elk River Comprehensive Plan.
The property is guided for Traditional Single-family Residential, and their allowed accessory uses. 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;
This structure would be used for storage of lan n equipment, such as a lawn tractor/riding mower, push monger, need trimmer,
rakes, shovels, hoses, tools, etc. It mould also be used to store a snowmobile.
The use of an accessory structure for general storage, setback like other non -compliant accessory structures
on the street, is reasonable.
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 own action or inaction; and
The circumstances are unique to this lot/parcel. My lot is essentially a corner lot, so it has the larger setback on both the
North and rest sides. Building the detachedgarage in the current buildable area mould place it almost centered in the back
yard, which mould be an awkward location for this type of structure.
While corner lots are typically not unique, this property is located on a street stubbed to connect to an
existing development to the east. It is unclear when this connection will be made and if/when it is, the
next two parcels have accessory structures that also do not meet the setback requirements.
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, if granted, will not alter the essential character of the locality.
There is no character to alter. 186th Ave N f1 ends at the back (east) side of my lot, and there are no other houses or
structures on this section of that roadlstreet. It is also my understanding that there are no intentions of extending this road at
this time.
With two other adjacent parcels having accessory structures not meeting the setback requirements, 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 May 5, 2023, this item will go to the May 15, 2023, City
Council meeting.
Attachments
■ Location Map
■ Applicant's Narrative
■ Applicant Site Plan
■ Staff Site Plans
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Christofferson
Variance
Case No:V 23-09 �1,,
Oty of
Elk
River
V 23-09 Narrative
The narrative is your opportunity to describe, promote, and sell your proposal to
the Board of Adjustment and City Council (if needed) and should explain your
request in detail and how the five criteria are met in order to be granted a
variance.
I'm looking to build a small detached garage on the NE corner of my property. This garage will be
used for personal storage of lawn equipment, snowmobile, etc. The garage will be an exact match to
the house, same siding, roofing, shake, stone, doors, etc. There will be no driveway to this garage.
I'm looking to get a variance for the location. I would like to place it 35 feet from the south curb of
186th Ave NW (which is to the north), and 10 feet from my back (east) property line. See attached
diagram. I spoke with Chris Leeseberg from the City of Elk River and he said I would need to apply
for a variance in regards to the location, relative to the north property line, because my desired
location is outside of the buildable area of my lot. I also spoke with Ryan Sandhoefner from the
City of Elk River, and he informed me the city does not have any underground utilities in my desired
location.
Placing the garage in my desired location makes it very usable for me, and is also the most
aesthetically pleasing for the city and neighborhood. It is very common to have a detached structure
slightly offset from the main structure. I would say this is actually more common than having the
detached garage directly behind the existing garage, which is where the current buildable area allows.
A variance may be granted by the board only if it finds that:
The variance is in harmony with the general purpose and intent of the ordinance.
The intent of the ordinance is to keep all neighboring structures aligned, and maintain a uniform and
aesthetically pleasing appearance throughout the neighborhood. There are no other/neighboring
structures along this section of 186th Ave NW.
The variance is consistent with the City of Elk River Comprehensive Plan (discuss with city
staff in needed)
Yes
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.
This structure would be used for storage of lawn equipment, such as a lawn tractor/riding mower,
push mower, weed trimmer, rakes, shovels, hoses, tools, etc. It would also be used to store a
snowmobile.
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
The circumstances are unique to this lot/parcel. My lot is essentially a corner lot, so it has the larger
setback on both the North and West sides. Building the detached garage in the current buildable
area would place it almost centered in the back yard, which would be an awkward location for this
type of structure.
The variance, if granted, will not alter the essential character of the locality.
There is no character to alter. 186th Ave NW ends at the back (east) side of my lot, and there are no
other houses or structures on this section of that road/street. It is also my understanding that there
are no intentions of extending this road at this time.
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Proposed Setbacks - — - Property Line
— — Easement Line
166Th AVE. NW — — — Setback Line
- — - Wetland Line
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