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7.2 SR 05-20-2024City of Elk - River To City Council Meeting Date May 20, 2024 Item Description Variance: Ivan Foxcroft - 20055 Polk Street NW Request for Action Item Number 7.2 Prepared By Chris Leeseberg, Senior Planner Reviewed by: Zack Carlton Cal Portner Tina Allard Action Requested Hold the public hearing and direct, by motion, staff to prepare a finding of fact denying the variance and return to the next available Regular City Council Meeting. Background/Discussion (Case No. V 24-02) The property is zoned Planned Unit Development (PUD) with the following setbacks from property lines: Front: 35 feet, Side: 20 feet, and Rear: 30 feet. The applicant is requesting a variance to extend 16 feet past the front setback and 10 feet past the side setback of the property. The attached staff report to the Board of Adjustments outlines the five criteria for approval of a variance. The applicant's responses are italicized with staffs comments after. An initial motion was made to approve the variance that failed by a 2-3 vote. A second motion was made to deny the variance based on setting precedence, general purpose, and intent are not met, altering the essential charter of the locale, and an addition while smaller, could be added without a variance. The Board of Adjustments denied the variance on April 23, 2024, by a 3-2 vote. As the variance was denied, it was automatically appealed to the City Council for their consideration. No one spoke against the request during the public hearing. Included with the Board of Adjustments staff report are two letters of support, one from the property owner directly adjacent to the subject property on the side where the encroachments would occur. Since the Board of Adjustments meeting, the applicant shared with staff an alternative plan he will likely build if he is not granted the variance. The new plan meets setbacks but does involve the relocation of the well. Financial Impact None Mission/Policy/Goal The Elk River Vision A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E R E U A Y engagement that encourages and inspires prosperity 430 ■ Help, not hinder citizens' quality of life ■ Reflect the culture of citizens and what is important to the majority Attachments I . Board of Adjustments Packet 04-23-2024 2. Alternative Design 3. 7.2 Foxcroft Presentation Page 79 of 430 City of Elk — River To Board of Adjustments Meeting Date April 23, 2024 Item Description Request for Action Item Number 5.1 Prepared By Chris Leeseberg, Senior Planner Reviewed by: Variance Request: Ivan Foxcroft - 20055 Polk Street Zack Carlton NW Action Requested Deny, by motion, the front and side yard setback variance for the following reasons: I. The general purpose and intent of the ordinance is not met. 2. A garage closer to the street than the other homes/garages on that street will alter the essential character of the locality. Background/Discussion The property is zoned Panned Unit Development (PUD) which has the following setbacks from property lines: Front: 35' Side: 20' Garage -side: 20' Rear: 30' The applicant is requesting a variance to extend 16 feet past the front setback and 10 feet past the side setback of the property. Public Hearin Staff received two letters of support for the requested variance. One of the property owners is directly adjacent to the subject property on the side that the encroachments would occur. They think the proposal looks fantastic and the aesthetic is in keeping with the rest of the subject property and will be an excellent addition to the neighborhood. It also would provide additional privacy to the pool area behind their own house. The other property owner does not feel it will affect the character of the neighborhood. 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 Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p 0 w E H f 0 0 Y engagement that encourages and inspires prosperity INMURM430 The addition, in its proposed form, will be more aesthetically pleasing than other options available within the setback criteria. The proposed structure will still be 31.5 feet from the bituminous curb and 16.5 feet from my property line. The purpose and intent of front yard setbacks is to ensure that buildings are not constructed too close to the street, helping maintain a visually pleasing streetscape with uniformity of structures along a street. 2. Is consistent with the City of Elk River comprehensive plan. The property is guided for residential, and accessory structures are allowed in residential districts and is consistent with the 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 sized lots. This land use is the most prevalent residential type within the Urban Service Area and consists of a range of neighborhood typologies. The district should accommodate single-family attached, townhomes, and duplexes which have varying setbacks, in some cases down to zero. While the proposal does not meet the ordinance, it 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; I think this addition does put the land to reasonable use. In addition, it will create additional privacy for my neighbor and I to the rear of our current properties. As the staff site plan exhibit shows, most of the property is encumbered by easements, setbacks, the drain field, the well, and a change in topography. The only location for a structure is on either side of the house/garage and to be allowed the square footage this size of lot can typically support, encroachments into the front yard would be required. While a small accessory structure meeting setbacks could be built, the property owner is trying to utilize his property to its allowed potential, the same as other property owners in the neighborhood can, which the applicant believes is reasonable. 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 practical difficulty with my parcel of land is as follows: o A large percentage of the land to the rear of the property is wetland with a 20' setback. o The location of my septic tanks and septic drainage field and the 20' setback to these. o The acute slope to the side of the property and location of my water well on that slope. These factors limit the options available to me and make the proposed area for construction my only viable option. The property owner bought the property in 2018 in its current configuration with the location of the well, wetland, and septic drain field already in place. These plights are 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. If anything, I feel it will add to the essential character of the locality. If approved, the proposed structure will allow the garage door to be at a 90-degree angle to the current garage doors, Pagel Hbt5430 creating a more aesthetically pleasing view from the street and front angles of the property. It will contribute to additional privacy for my neighbor and I to the rear of our properties. In addition, it is in line with several other properties in our street that also have garage additions. If approved, the proposed garage would be closer to the street than the other homes/garages on that street. As the applicant has stated, a desire of his is to minimize the number of garage doors facing directly toward the street and make it look more like a house, which is more aesthetically pleasing. Financial Impact None Mission/Policy/Goal ■ Help, not hinder citizen quality of life ■ Reflect the culture of citizens and what is important to majority Attachments I. Location Map 2. Applicant's Narrative 3. Rendering 4. Staff Site Plan 5. Letters of Support PaOecX-b543® 1,)-0 0 04 0 140 Ki 75L.00643-OA325k JY Foxcroft Variance I')-OMA ', (Al Case No: V 24-02 River Paget, M)430 V 24-02 Narrative To Board of Adjustment I respectfully request that you consider my application for a variance to the setbacks of my property in Polk St NW, Elk River. I have always dreamed of having a garage large enough to allow for my hobby / passion of restoring, collecting and showing vintage motorcycles in my spare time. I am finally in a position financially to be able to afford to build one. Unfortunately, due to the constraints of my property, listed below, I am not able to construct a suitably sized building within the current setbacks. I am requesting a variance to my property setbacks to allow me to build an attached 42' x 30' garage addition. The proposed garage will extend 16 feet past the front setback and 10 feet past the side setback of the property. The practical difficulty with my parcel of land is that a large percentage of land to the rear of the property is wetland. In addition to this, the location of my septic tanks and septic drainage field and the required setbacks to those, I am limited to the proposed area, to construct the addition. Please see the attached plan. The proposed structure will allow the garage door to be at a 90-degree angle to the current garage doors, creating a more aesthetically pleasing view from the street and front angles of the property. Please see attached proposed rendering. I plan to model the front of the addition to look exactly as the front of the house to create the image of an extension of the dwelling space. With the addition, my total garage space will be 1956 sq/ft, well within the 2500 sq/ft allotted for my parcel of land. I have included letters from my neighbors who are all in support of my proposal. I humbly request a favorable response to this variance request to enable me to add this addition to my property. Respectfully Ivan Foxcroft 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 addition in its proposed form, will be more aesthetically pleasing than other options available within the setback criteria. The proposed structure will still be 31.5 feet from the bituminous curb and 16.5 feet from my property line. The variance is consistent with the City of Elk River Comprehensive Plan (discuss with city staff in needed) The property is guided for residential, and accessory structures are allowed in residential districts and is consistent with the Elk River comprehensive plan. PaOeg9-4q)5A3® 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 I think this addition does put the land to reasonable use, in addition, it will create additional privacy for my neighbor and I to the rear of our current properties. 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 practical difficulty with my parcel of land is as follows: A large percentage of the land to the rear of the property is wetland with a 20' setback. The location of my septic tanks and septic drainage field and the 20' setback to these. The acute slope to the side of the property and location of my water well on that slope. These factors limit the options available to me and make the proposed area for construction my only viable option. The variance, if granted, will not alter the essential character of the locality If anything, I feel it will add to the essential character of the locality. If approved, the proposed structure will allow the garage door to be at a 90-degree angle to the current garage doors, creating a more aesthetically pleasing view from the street and front an of the properly. It will contribute to additional privacy for my neighbor and I to the rear of ourproperties. In addition, it is in line with several otherproperties in our street that also have garage additions. PIRggE33(b543® PIRggM b543® PIRggE3T2)543® Christopher Yearneau 20079 Polk St NW Elk River, MN 55330 21-, March 2024 Re: Proposed Variance at 20055 Polk St NW, Elk River, MN, 55330 Variance Board, We have recently reviewed the attached proposed application for variance of Ivan & Zanielle' s garage addition at 20055 Polk St NW, Elk River. We are their neighbors on the side of the proposed addition to their home. We have lived in our house for over a year and have developed a great friendship with both Ivan and Zanielle. We are writing this letter to indicate our support for the variance. We think their proposal looks fantastic, the aesthetic is in keeping with the rest of their property and will be an excellent addition to the neighborhood. In addition, the proposed garage will provide additional privacy to the pool area behind our house. We support their application and look forward to the addition. Please don't hesitate to contact us if you require any additional information. Respectfully: P1RggMa)f)43® Support Letter Darren and Angie Kiser 20113 Polk St Nw Elk River, MN 55330 March 23, 2024 To whom it may concern: We are writing in support of Ivan & Zanielle's application for a variance on their home 20055 Polk St NW, Elk River, MN, 55330. We have been neighbors for 5 years and have developed a great friendship with the Foxcroft family. Our kids are really good friends and hang out regularly. We feel that the proposed addition will in no way affect the general purpose or intent of the land usage, and if granted will improve on the essential character of the locality. We have reviewed their proposed plan and support the addition to their property. Respectfully submitted, Darren & Angie Kiser 20113 Polk St NW Elk River, MN 55330 P1RggEB9,b543® 430 Ivan Foxcroft Variance Foxcroft Case No: V 24-02 Ecityolk 40Variance Pag �f Background ■ Zoned PU D ■ 1 acre ■ Setbacks: ■ Front: 35' (requesting 19') ■ Side: 20' (requesting 10') ■ Garage -side: 20' ■ Rear: 30' ■ Requesting a variance to extend: ■ 16' feet past the front setback ■ 10' feet past the side setback �Rk, n�i4G6 PleL.!> McunND h -10' 5C'fSACK WF Lgt4+, Page 94 of 430 e 1 20055 P�OLK S�T NW 200, ST NW i J Page 96 of Background ■ Two letters of support ■ Garage turned doors 90 degrees to road - not facing front ■ Designed to look the same as the house ■ Allowed 2,500 sq .ft. ■ 1,956 sq .ft. Page 98 of 430 Applicable Regulations 1. Is in harmony with the general purpose and intent of the ordinance ■ The addition, in its proposed form, will be more aesthetically pleasing than other options available within the setback criteria ■ The proposed structure will still be 31.5 feet from the bituminous curb and 16.5 feet from the property line Applicable Regulations 1. Is in harmony with the general purpose and intent of the ordinance ■ The purpose and intent of front yard setbacks is to ensure that buildings are not constructed too close to the street, helping maintain a visually pleasing streetscape with uniformity of structures along a street Page 100 of 430 Applicable Regulations 2. Is consistent with the City of Elk River Comprehensive Plan ■ The property is guided for residential, and accessory structures are allowed in residential districts and is consistent with the Elk River comprehensive plan Page 101 of 430 Applicable Regulations 2. Is consistent with the City of Elk River Comprehensive Plan ■ Guided as Traditional Single Family Residential ■ Predominately single-family detached homes occupying moderately sized lots ■ District should accommodate single-family attached, townhomes, and duplexes which have varying setbacks, in some cases down to zero ■ While the proposal does not meet the ordinance, it is consistent with the comprehensive plan Page 102 of 430 Applicable Regulations 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. ■ This addition does put the land to reasonable use ■ In addition, it will create additional privacy for my neighbor and I to the rear of our current properties Page 103 of 430 Applicable Regulations 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. ■ Most of the property is encumbered by easements, setbacks, the drain field, the well, and a change in topography ■ Only location for a structure is on either side of the house/garage ■ To be allowed the square footage this size of lot can typically support, encroachments into the front yard Page 104 of 430 Applicable Regulations 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. ■ While a small accessory structure meeting setbacks could be built ■ Property owner is trying to utilize his property to its allowed potential ■ The same as other property owners in the neighborhood can ■ Applicant believes is reasonable Page 105 of 430 Applicable Regulations 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. Practical difficulty of land is as follows: ■ A large percentage of the property is wetland with a 20' setback. ■ Location of my septic tanks and septic drainage field and the 20'setback to these ■ Slope to the side of the property and location of well on that slope ors limit tie-eNioas aYailable and make the area for construction the only via e tion Page 106 of 430 Applicable Regulations 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. ■ Bought the property in 2018 ■ Location of the well, wetland, and drain field already in place ■ Plights are not a consequence of the petitioner's own action or inaction woo.__. Page 108 of 430 Applicable Regulations 5. The variance, if granted, will not alter the essential character of the locality. ■ It will add to the essential character of the locality ■ If approved, the proposed structure will allow the garage door to be at a 90-degree angle to the current garage doors, creating a more aesthetically pleasing view from the street and front angles of the property ■ It will contribute to additional privacy for my neighbor and I to the rear of our properties ■ In addition, it is in line with several other properties in aae-tt-that also -have garage-_a-dditions Vow.. Page 109 of 430 Applicable Regulations 5. The variance, if granted, will not alter the essential character of the locality. ■ If approved, the proposed garage would be closer to the street than the other homes/garages on that street ■ As the applicant has stated, a desire of his is to minimize the number of garage doors facing directly toward the street and make it look more like a house, which is more aesthetically pleasing Page 110 of 430 Action Requested ■ Deny, by motion, the front and side yard setback variance for the two reasons outlined in the memo Page 111 of 430 City Council Meeting ■ If the Board of Adjustments denies the request, or an appeal is made by any interested party by May 3, 2024, this item will go to the: ■ May 20, 2024, City Council Meeting vow.. Page 112 of 430 e 1 20055 P�OLK S�T NW 200, ST NW i J Page 114 of Page 115 of 430 Page 116 of 430