RES 24-29h
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River
Resolution 24 -29
A Resolution Making Findings of Fact Approving a Variance Application
Submitted by Ivan Foxcroft and Permitting an Encroachment into the Front
Yard Setback by 16-feet and the Side Yard Setback 10-feet
WHEREAS, Ivan Foxcroft, ("Applicant"), has applied ("Application") for two variances
to permit a new garage addition to encroach into the front and side yard setbacks for the
property located at 20055 Polk Street NW(Case No. V 24-02); and
WHEREAS, the record in this matter includes all of the materials submitted to the Board
of Adjustments and City Council in connection with the March 25, 2024, Variance
Application, including the staff reports and all attachments thereto, all other written
materials submitted to the Board of Adjustments and City Council, and all staff
presentations and other testimony taken at the public meetings considering the Variances, all
of which is incorporated and made a part of the findings of fact and this resolution; and
WHEREAS, the Board of Adjustments held a public hearing on April 23, 2024, to receive
testimony and evidence from city staff, the Applicant, and any other persons regarding the
Variance Application; and
WHEREAS, the Board of Adjustments, after having held the public hearing and giving all
members of the public an opportunity to speak, denied the Variance Application based on
concerns about setting a precedent that could be applied to future similar applications. The
Board of Adjustments concluded that the general purpose and intent of the City Code
requirements are not met, which will alter the essential charter of the locale. The Board of
Adjustments further concluded that a smaller addition could be added without a variance.
WHEREAS, denial of a variance by the Board of Adjustments results in an automatic
appeal to the City Council; and
WHEREAS, the City Council held a public hearing on May 20, 2024, to receive testimony
and evidence from city staff, the Applicant, and any other persons regarding whether the
Application should be approved; and
WHEREAS, the Applicant and all others wishing to speak were given the opportunity to
present testimony to the City Council; and
WHEREAS, the City Council, at the conclusion of its May 20, 2024, public hearing on the
Application, directed staff to prepare a resolution making findings of fact approving the
Application for City Council consideration.
NOW, THEREFORE, the City Council of the City of Elk River makes the following
findings of fact and decision with respect to the Application by Ivan Foxcroft to allow
encroachment into the font yard setback by 16-feet and side yard setback by 10-feet while
maintain the architectural design presented at the May 20, 2024, council meeting.
FINDINGS OF FACT
1. The parcel at 20055 Polk Street NW (the Property) was purchased by Ivan Foxcroft
in 2018.
2. The plat of Preserve Estates, with the subject parcel, was approved by City Council
in 1999.
3. The residential structure on the subject parcel, was approved and built in 2000.
4. Ordinance requires the following setbacks:
Front: 35'
Side: 20'
Garage -side: 20'
Rear: 30'
5. On March 25, 2024, Ivan Foxcroft submitted Variance Application to allow
encroachment into the font yard setback by 16-feet (a proposed setback of 19-feet)
and side yard setback by 10-feet (a proposed setback of 10-feet).
6. On April 23, 2024, the Board of Adjustments reviewed the Variance Application.
The Board received testimony from staff, the applicant and neighboring residents
regarding impacts to the neighborhood that may or may not occur if the Variances
were granted.
7. Elk River City Code states that in order for a Variance to be granted, the request
must meet the five criteria outlined in Sec. 30-635. — Variances;
a. A variance may be granted by the board only if it finds that:
(1) The variance is in harmony with the general purpose and intent of the
ordinance.
(2) The variance is consistent with the City of Elk River comprehensive
plan.
b. Variances may be granted when the petitioner establishes that there are
practical difficulties in complying with the zoning ordinance. Practical
difficulties means that:
(1) The petitioner proposes to use the property in a reasonable manner
not permitted by the zoning ordinance;
(2) 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
(3) The variance, if granted, will not alter the essential character of the
locality.
8. The Board of Adjustments voted 3-2 to deny the Variances based on the following
findings:
a. The variance is not in harmony with the general purpose and intent of the
ordinance.
b. The essential character of the locality will be altered if a structure encroaches
into the front yard setback.
9. The Elk River City Code provides that a decision by the Board of Adjustments to
deny a variance shall not be final and shall automatically be appealed to the City
Council.
10. On May 20, 2024, the City Council held a public hearing and reviewed the Variance
requests.
11. During the public hearing, the City Council received testimony regarding the
proposed Variances on the surrounding residential area.
12. Following the conclusion of the public hearing, the City Council voted 5-0 to reverse
the decision of the Board of Adjustments.
13. The decision of the City Council took into consideration all the testimony and
evidence received at the public hearing, as well as the record presented from the
Board of Adjustments and the Variance Application, and the foregoing Findings of
Fact, the City Council finds, that the Applicant has established that it has met the
requirements for approval of the requested Variances as follows:
a. A variance may be granted by the board only if it finds that:
(1) The variance is in harmony with the general purpose and intent of the
ordinance.
The purpose and intent of frontyard setbacks is to ensure that buildings are not
constructed too close to the street, he ping maintain a visually pleasing streetscape With
uniformity of structures along a street. Due to the sitie of the lot, construction of the
proposed structure where it encroaches into the frontyard setbacks will not be too close to
the street, and will not detract from the streetscape of structure uniformity.
(2) The variance is consistent with the City of Elk River comprehensive
plan.
The property is guided as Traditional Single Family Residential. The suburban residential
category predominately consists of single family detached homes occupying moderately sitied
lots. This land use is the most prevalent residential !)Pe within the Urban Service Area
and consists of a range of neighborhood types. The district should accommodate single family
attached, townhomes, and duplexes which have varying setbacks, in some cases down to
-ero. While the proposal does not meet the ordinance, it is consistent with the comprehensive
plan.
b. Variances may be granted when the petitioner establishes that there are
practical difficulties in complying with the zoning ordinance. Practical
difficulties means that:
(1) The petitioner proposes to use the property in a reasonable manner
not permitted by the zoning ordinance;
Reasonableness is determined by the City Council based on the unique facts and
circumstances in each application. Reasonableness does not mean that the properly cannot
be used in any reasonable way at all unless a variance is granted. R just means that an
applicant's requested use of the land is appropriate in the circumstances. Here, most of the
property is encumbered by easements, setbacks, the drain field, the well, and a steep change
in topography. The only location for a structure is on either side of the housel garage and to
be allowed the square footage this sitie of lot can !)p y support, encroachments into the
frontyard would be required. The property owner's request reflects his wish to utilitie his
properly to its allowed potential, and in a manner that is consistent with other -Properties in
the neighborhood. The proposed use is reasonable.
(2) 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
As described above, the property is encumbered by easements, setbacks,
the drain field, the well, and a steep change in topography. These
characteristics of the property limit use of the entire property. The
property owner bought the property in 2018 in its current
configuration with these limitations already in existence. These
plights are not a consequence of the applicant's own action or
inaction.
(3) The variance, if granted, will not alter the essential character of the
locality.
The proposed structure will allow the garage door to be at a 90-degree angle to the current
garage doors, which will create a more aesthetically pleasing view from the street and front
an of the property. Constructing the proposed structure will contribute to additional
privacy for this property and for the neighboring property. The pmposed structure is also
consistent with several other properties on the street that also bane garage additions.
DECISION
Therefore, the City Council of the City of Elk River APPROVES the Application for
Variances at 20055 Polk Street NW, based on the findings of fact set forth above.
Passed and adopted this 3`d day of June 2024.
J x n JK)ietz,yor
ATT
Tina Allard, City Clerk