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4.13 SR 06-03-2024The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity Request for Action To City Council Item Number 4.13 Meeting Date June 3, 2024 Prepared By Chris Leeseberg, Senior Planner Item Description Resolution 24-29: Findings of Fact Approving a Variance Request for Ivan Foxcroft, 20055 Polk Street NW Reviewed by Zack Carlton Cal Portner Tina Allard Action Requested Adopt, by motion, Resolution 24-29 making findings of fact approving a variance application submitted by Ivan Foxcroft. Background/Discussion The City Council, at their May 20, 2024, meeting, overturned the Board of Adjustments decision that the variance application (V 24-02) did not meet the criteria for the granting of a variance as outlined in Sec. 30- 635 of the Elk River code of ordinances. Staff and legal counsel drafted a resolution making findings of fact of approval for the City Council to review and approve. Financial Impact None Mission/Policy/Goal Work with citizens to achieve goals. Attachments 1. Resolution Making Findings of Fact 2. Board of Adjustments Packet dated 04-23-2024 3. City Council Staff Report dated 5-20-2024 Page 71 of 464 Resolution 24 -_____ A Resolution Making Findings of Fact Approving a Variance Application Submitted by Ivan Foxcroft and Permitting an Encroachment into the Font Yard Setback by16-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. Page 72 of 464 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; Page 73 of 464 (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 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. Due to the size of the lot, construction of the proposed structure where it encroaches into the front yard 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. Page 74 of 464 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 types. 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. 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 property cannot be used in any reasonable way at all unless a variance is granted. It 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 house/ garage and to be allowed the square footage this size of lot can typically support, encroachments into the front yard would be required. The property owner’s request reflects his wish to utilize his property 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 angles of the property. Constructing the proposed structure will contribute to additional privacy for this property and for the neighboring property. The proposed structure is also consistent with several other properties on the street that also have garage additions. Page 75 of 464 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 3rd day of June 2024. John J. Dietz, Mayor ATTEST: Tina Allard, City Clerk Page 76 of 464