7.7. SR 01-23-1995
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ITEM 7.7.
MEMORANDUM
FROM:
MAYOR AND CITY COUNCIL
GARY SCHMITZ, PLANNING ASST. &--1
JANUARY 23, 1995
DATE:
SUBJECT: VARIANCE REQUEST BY JOHN
WEICHT AND ASSOC.lPUBLIC
HEARING, CASE NO. V 94-15
REQUEST
Mr. Weicht is requesting a five (5) foot side yard variance for a proposed
addition to the Furniture and Things warehouse.
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LOCATION
17201 Ulysses Street, Lot 3, Block 1, Rail 10 Subdivision
ZONINGILAND USE
11 (Light Industrial) / LI (Light Industrial)
ATTACHMENTS
December 27, 1994 memo to the Planning Commission
BACKGROUND
John Weicht is proposing to construct a 100 ft. by 120 ft. addition to the
existing Furniture and Things warehouse in the Rail 10 Subdivision. The
existing 166 ft. by 120 ft. building was constructed in April 1993. As staff
reviewed the site plan for the proposed addition it was discovered that the
existing building was located 20 feet from the side lot line. The required side
yard setback in the 11 zoning district is 25 feet, therefore, this request does
require a variance. Enclosed warehousing is a permitted use in the 11 zoning
district, therefore, the City Council will only review the variance proposal.
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13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425
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The details related to the variance are outlined in the attached memo to the
Planning Commission.
PLANNING COMMISSION MEETING
At the December 27, 1994 Planning Commission meeting, the Commission
concurred with staffs findings and recommended approval of a 5 foot side
yard variance.
RECOMMENDATION
It is recommended that the City Council approve the 5 foot side yard setback
variance based on the following findings:
1. Literal enforcement of the ordinance would cause unnecessary
hardship by creating a nonconforming situation for the existing
building.
2. The variance is not a consequence of the petitioner's action but due to
an oversight by city staff.
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3.
Granting the variance will not be injurious or adversely affect the
health, safety and welfare of the residents of the City of Elk River, or
the general area where the property is located.
4. Granting the variance would allow for a consistent building location
along the entire south property line.
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council:v94-15
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ITEM 5.6.
MEMORANDUM
TO: PLANNING COMMISSION
FROM:
GARY SCHMITZ, PLANNING ASST. t,4
DECEMBER 27,1994
DATE:
SUBJECT: VARIANCE REQUEST BY JOHN
WEICHT AND ASSOCIATES/PUBLIC
HEARING CASE NO. V 94-15
REQUEST
Mr. Weicht is requesting a 5 foot side yard variance for a proposed addition to
the Furniture and Things Warehouse.
e LOCATION
17201 Ulysses Street, Lot 3, Block 2, Rail 10 Subdivision.
ZONING/LAND USE
11 (Light Industrial)/LI (Light Industrial)
ATTACHMENTS
Location Map, Zoning Map, Site Plan
BACKGROUND
John Weicht is proposing to construct a 100' by 120' addition to the existing
Furniture and Things Warehouse in the Rail 10 Subdivision. The existing
166' by 120' building was constructed in 1993. Enclosed warehousing is a
permitted use in the 11 zoning district, therefore, the Planning Commission
will only review the variance proposal with this request.
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13065 Orono Parkway · P.O. Box 490. Elk River, MN 55330. (612) 441-7420. Fax: (612) 441-7425
ANALYSIS
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As staff reviewed the site plan for the proposed addition, it was discovered
that the existing building was located 20 feet from the side lot line. Required
setbacks in the 11 zoning district are 30' front yard setback, 20' rear yard
setback and 25' side yard setback. When the existing building was
constructed, staff inadvertently determined that the south property line was
the rear property line, due to the location of the existing cul-de-sac.
Therefore, the building was allowed to be constructed 20 feet from the
southern property line. Ulysses Street is proposed to extend south in the
future, therefore, the south property line should have been classified as a side
lot line, making the building nonconforming. In order to remain consistent,
the applicant wishes to follow the same building setback of 20 feet for the
new addition. Mr. Weicht feels it would be a hardship to require a 25 foot
side yard setback for the new addition because it would lead to an inefficient
layout, be more expensive to construct and aesthetically unpleasing, due to
the staggered setback. The staggered setback would also do very little to
minimize the overall effect of the building in relation to the side property
boundary. The applicant did indicate that there would have been ample
room to construct the building 25 feet from the lot line, when the building
was built in 1993.
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SIDEYARD SETBACK
Staff is currently studying whether or not a 25 foot setback is necessary in
the industrial zoning districts. In the future staff may propose an ordinance
amendment, requesting that the side yard setback be reduced to 20 feet. A
20 foot side yard setback would allow more flexibility in placement of
structures on industrial parcels and would still give adequate spacing
between buildings for fire protection and other safety issues.
VARIANCE REQUIREMENTS
Staff refers the Planning Commission to Section 900.40 of the Elk River Code
of Ordinances for the five standards to consider when reviewing a variance
application. Staff feels there are adequate findings to approve the variance.
. Literal enforcement of the ordinance would cause unnecessary hardship
due to the fact that the existing building already is located 20 feet from
the property line and the proposed addition would be a logical extension of
the existing building, and would do little to minimize the overall impacts
of the proximity of the building to the side property line.
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. A 20 foot side yard setback would not deprive the ability of neighboring
property owners to develop their property safely and in conformance with
fire and building code issues.
. The variance is also not the result of the petitioner's action, but due to an
oversight by City staff.
RECOMMENDATION
It is recommended that the Planning Commission approve the 5 foot side
yard setback variance based on the following findings:
1. Literal enforcement of the ordinance would cause unnecessary
hardship by creating a nonconforming situation for the existing
building.
2. The variance is not a consequence of the petitioner's action but due to
an oversight by city staff.
3. Granting the variance will not be mJurious or adversely affect the
health, safety and welfare of the residents of the City of Elk River, or
the general area where the property is located.
.
4.
Granting the variance would allow for a consistent building location
along the entire south property line.
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s:planning:pc:v94-15
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City of
Elk River
LOCATION MAP
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CASE: V 94.15
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ZONING MAP
CASE V 94-15
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P.O. Box 490 · 13065 Orono Parkway · Elk Rive:-. MN 55330 . (612) ~A l-i420
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