Loading...
7.2. & 7.3. SR 02-27-1995~~r ~~ ~ ~ ity of ~ lk~ • River TO: FROM: DATE: ITEM 7.2 '~- ~. 3 MEMORANDUM MAYOR AND CITY COUNCIL TROY LANGER, PLANNING INTERN FEBRUARY 27, 1995 SUBJECT: VARIANCE AND CONDITIONAL USE PERMIT REQUEST BY ANTHONY FROLAND, PUBLIC HEARING, CASE NO. V 94-17 AND CU 94-38 REQUEST Mr. Anthony Froland has submitted an application for an approximate 693 foot variance request from the accessory structure size requirement and a conditional use permit to construct an accessory structure within the floodway district of a river or stream. • LOCATION 10311 181st Avenue, SW Quarter of the SW Quarter of Section 36, Township 33, Range 26, Elk River, MN. ZONING /LAND USE R-1a (Single Family Rural Residential) / LR (Low Density Residential) ATTACHMENTS Location Map, Zoning Map, Site Map, Copy of "Stop Orders", Letter from D.N.R., Staff report to Planning Commission. INTRODUCTION Variance Request Mr. Froland currently has 1,793 square feet of accessory structure and attached garage area. He is proposing to construct an nine-hundred (900) • square foot addition to an existing accessory structure. City code allows up to 2,000 square feet of attached garages and accessory buildings. With the 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 CC, Anthony Froland February 27, 1995 Page 2 -------------------------------------------- construct the proposed addition. The variance request is for an additional six-hundred ninety three (693) square feet. Conditional Use Permit Request The proposed addition is located within the floodway district (F.W.). In order to construct a structure within the floodway district, the applicant must receive approval of a conditional use permit from the City Council. All existing accessory structures on Mr. Froland's property are also located within the floodway district, but have a legal non-conforming status. These structures were located within the floodway district prior to the establishment of this requirement upon that area. Alterations, modifications, and/or additions to these structures are not allowed without the aid of a conditional use permit. APPLICANT'S REASON'S FOR VARIANCE When reviewing an application for a variance request, staff reviews the five . (5) standards outlined in the city code that apply to a variance. Mr. Froland has not indicated how his request meets the five (5) standards of the variance requirements. Instead, Mr. Froland has mentioned in conversation that he currently owns approximately forty (40) acres and the proposed addition would not be unusually large or create an unsightly structure on his lot. Because of the large size of the property and the agricultural use of the site, Mr. Froland feels that the proposed accessory structure addition would be similar to other farmsteads in the city. ANALYSIS The Department of Natural Resources (D.N.R.) has been contacted in regard to this item and made comments related to the conditional use permit. The D.N.R. has mentioned that if the accessory structure remains a "pole type" building and the exterior siding allows the free flow of water below the one- hundred (100) year flood level, it may not cause an increase in the one- hundred (100) year flood stage. The D.N.R. also mentioned that a condition should be attached with the conditional use permit that would restrict any future modification of the accessory structure. The D.N.R. is not opposed to the conditional use permit request as long as these guidelines are followed. • cc-froland.troy CC, Anthony Froland February 27, 1995 Page 3 -------------------------------------------- A roximatel a ear a o the Cit of Elk River amended the zonin pP Y Y g~ Y g requirements for the accessory structure ordinance. In the A-1 (Agricultural) zoning district, parcels that have greater than forty (40) acres are exempt from restrictions on accessory structures. Prior to the amendments, parcels in the R-1a zoning district were exempt from the accessory structure requirements. This amendment from the accessory structure ordinance did not include language exempting accessory structures in the R-la zoning district. It is unclear to staff why this amendment did not include the R-1a zoning district. Although this requirement no longer applies in the R-la zoning district, it may be a consideration. Mr. Froland currently owns approximately forty (40) acres. His property is divided into two (2), twenty (20) acre, parcels. The reason given to staff for the division of the forty (40) acre parcel into the two (2), twenty (20) acres, parcels was because of mortgage requirements. PLANNING COMMISSION The Planning Commission reviewed this item on January 24, 1995. During that meeting the planning commissioners discussed the variance and conditional use permit requests. They recommended approval of the variance `~ and conditional use permit requests with a condition attached with the variance request. The Planning Commission recommended that if Mr. Froland's property is subdivided, the addition to the accessory structure must be removed. Staff considered the legal aspect to the Planning Commission's recommended condition with the variance request. After discussing this item with the City Attorney, staff is of the opinion that it would be better to place that condition under the conditional use permit. RECOMMENDATION Variance Request Staff recommends approval of asix-hundred ninety three (693) foot variance that would allow Mr. Froland to construct a thirty (30) foot by thirty (30) foot addition to an existing accessory structure based upon the following findings: 1) THE LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY OWNER SIMILAR RIGHTS cc-froland.troy CC, Anthony Froland February 27, 1995 Page 4 -------------------------------------------- ENJOYED BY OTHER LARGE AGRICULTURAL PROPERTIES IN THE R-lA ZONING DISTRICT. 2) BECAUSE OF THE UNIQUE SIZE OF THE PROPERTY, FORTY (40) ACRES, IN A R-lA ZONING DISTRICT, LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY OWNER THE ABILITY TO MAINTAIN AN AGRICULTURAL USE, WHICH REQUIRES LARGER ACCESSORY STRUCTURES. 3) THE ACCESSORY STRUCTURE WILL NOT BE INJURIOUS TO THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY. Conditional Use Permit RecLuest Staff recommends approval of the conditional use permit for Mr. Froland to construct a thirty (30) foot by thirty (30) foot addition to an existing accessory structure located within the floodway district with the following conditions: 1) THE ACCESSORY STRUCTURE REMAINS A "POLE TYPE" BUILDING AND THE EXTERIOR SIDING ALLOWS THE FREE FLOW OF WATER BELOW THE ONE-HUNDRED (100) YEAR FLOOD LEVEL. 2) NO FURTHER ALTERATIONS AND/OR MODIFICATIONS SHALL OCCUR ON THE ABOVE MENTIONED ACCESSORY STRUCTURE. 3) IN CASE OF A FLOOD AND/OR IN FLOODING CONDITIONS, ALL MATERIAL LOCATED WITHIN THE ABOVE MENTIONED ACCESSORY STRUCTURE, THAT MAY IMPEDE THE FREE FLOW OF WATER, BE IMMEDIATELY REMOVED SO AS TO NOT CAUSE AN INCREASE IN THE ONE-HUNDRED (100) YEAR FLOOD STAGE. 4) IF FUTURE SUBDIVISION OF PROPERTY OCCURS, THE ACCESSORY STRUCTURE ADDITION BE REMOVED OR BROUGHT INTO CONFORMANCE WITH CITY CODES AT THAT TIME. cc-froland.troy ~- r ~\1 ~ity of lk~ • River TO: ITEMS 5.1. &_5.2. MEMORANDUM PLANNING COMMISSION FROM: TROY LANGER, PLANNING INTERN DATE: JANUAR Y 24, 1995 SUBJECT: VARIANCE AND CONDITIONAL USE PERMIT REQUEST BY ANTHONY FROLAND, PUBLIC HEARING, CASE NO. V 94-17 AND CU 94-38 REQUEST Mr. Anthony Froland has submitted an application for an approximate 693 foot variance request from the accessory structure size requirement and a conditional use permit to construct an accessory structure within the floodway district of a river or stream. LOCATION 10311 181st Avenue, SW Quarter of the SW Quarter of Section 36, Township 33, Range 26, Elk River, MN. ZONING /LAND USE R-1a (Single Family Rural Residential) / LR (Low Density Residential) ATTACHMENTS Location Map, Zoning Map, Site Map, Copy of "Stop Orders", Letter from D.N.R. BACKGROUND Mr. Froland began construction of an accessory structure in August of 1994 without obtaining a building permit. The Building and Zoning Department observed the construction of this accessory structure and discovered that an application for building permit had not been completed. Mr. Froland was then issued a "Stop Order" by the Building and Zoning Department on August 31, 1994. At the time of the "Stop Order", only a wooden frame existed for the accessory structure. Because a response had not been received, the Building and Zoning Department made a second visit to the 13065 Orono Parkway • P.O. Box 490 • Elk River, MN SS330 • (612) 441-7420 • Fax: (612) 441-7425 PC, Anthony Froland January 24, 1995 Page 2 site. On September 12, 1994, a second "Sto Order" was i p ssued to Mr. Froland. Upon the second visit to the site, it was observed that Mr. Froland had continued construction of the accessory structure. At this time the walls and roof were partially completed for the accessory structure. On two (2) separate occasions, Mr. Froland had been ordered to stop construction of the accessory structure until a building permit had been approved. According to City Records, Mr. Froland has completed building permits in the past for other accessory structures. Staff is of the opinion that Mr. Froland was aware that a building permit was required for the construction of the accessory structure. Since Mr. Froland has already began the construction of the accessory structure, denial of the variance and/or the conditional use permit may result in the requirement of removal of the addition. INTRODUCTION Variance Request Mr. Froland intends to construct an addition to an existing accessory structure. The proposed addition is thirty (30) feet by thirty (30) feet for. a total of nine-hundred (900) square feet. There are currently two (2) accessory structures located on the property. One of the structures is twenty (20) feet by twenty (20) feet, four-hundred (400) square feet, and the other accessory structure is thirty (30) feet by thirty (30) feet, nine-hundred (900) square feet. There is also a two (2) stall garage attached to the house which is also located upon the property. .The garage is approximately four-hundred and ninety three (493) square feet. The total accessory structure and attached garage for Mr. Froland's property is currently 1,793 square feet. City code allows up to 2,000 square feet of attached garages and accessory buildings. With the proposed addition, the total amount would be 2,693 square feet. Because this amount exceeds city code requirements, Mr. Froland needs a variance to construct the proposed addition. The variance request is for an additional six-hundred ninety three (693) square feet. Conditional Use Permit Request The proposed addition is also located within the floodway district (F.W.). In order to construct a structure within the floodway district, the applicant must receive approval of a conditional use permit from the City Council. Trott Brook is located approximately one-hundred thirteen (113) feet to the north of the proposed addition. Mr. Froland meets the setback requirements from pc-froland.troy PC, Anthony Froland January 24, 1995 Page 3 -------------------------------------------- this stream, which is one-hundred-(100) feet, but must receive approval of a conditional use permit to build within the floodway district. According to city code (Sect. 902.02), floodway is defined as "the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. All existing accessory structures on Mr. Froland's property are also located within the floodway district, but have a legal non-conforming status. These structures were located within the floodway district prior to .the establishment of this requirement upon that area. Alterations, modifications, and/or additions to these structures are not allowed without the aid of a conditional use permit. The accessory structure is being proposed as an addition to an existing accessory structure, which is already located within the floodway district, and would be located within the floodway district regardless of which side of the building it could be located. It is not possible to locate the proposed addition onto the existing accessory structure without being located within the floodway district. APPLICANT'S REASON'S FOR VARIANCE When reviewing an application for a variance request, staff reviews the five (5) standards outlined in the city code that apply to a variance. Mr. Froland has not indicated how his request meets the five (5) standards of the variance requirements. Instead, Mr. Froland has mentioned in conversation that he currently owns approximately forty (40) acres and the proposed addition would not be unusually large or create an unsightly structure on his lot. Because of the large size of the property and the agricultural use of the site, Mr. Froland feels that the proposed accessory structure addition would be similar to other farmsteads in the city. ANALYSIS The Department of Natural Resources (D.N.R.) has been contacted in regard to this item and made comments related to the conditional use permit. The D.N.R. has mentioned that if the accessory structure remains a "pole type" building and the exterior siding allows the free flow of water below the one- hundred (100) year flood level, it may not cause an increase in the one- hundred (100) year flood stage. The D.N.R. also mentioned that a condition should be attached with the conditional use permit that would restrict any future modification of the accessory structure. The D.N.R. is not opposed to the conditional use permit request as long as these guidelines are followed. • pc-froland.troy PC, Anthony Froland January 24, 1995 LJ Page 4 According to City Code, no structure shall be allowed as a conditional use that will cause any increase in the stage of the one-hundred (100) year or regional flood or cause an increase in flood damages in the reach affected. Accessory structures shall be constructed and placed on a building site so as to offer the minimum obstruction to the flow of flood waters. The proper procedure for conditional use permits and variance requests should include applying for the necessary permits and receiving approval before construction begins. Staff is concerned, that because of the sequence of events, this request may result in a trend where individuals first begin construction and then apply for the necessary permits. Individuals that may feel they have a .poor chance of getting approval of the necessary permits may decide to begin construction of the structure in order to improve their .chance of getting approval. Mr. Froland intends to use the accessory structure for agricultural purposes. Because the proposed structure is metal skinned, it will have to meet athree- hundred (300) foot setback from all surrounding property. The proposed structure meets this requirement. • Approximately a year ago, the City of Elk River amended the zoning requirements for the accessory structure ordinance.. In the A-1 (Agricultural) zoning district, parcels that have greater than forty (40) acres are exempt from restrictions on accessory structures. Prior to the amendments, parcels in the R-la zoning district were exempt from the accessory structure requirements. This amendment from the accessory structure ordinance did not include language exempting accessory structures in the R-la zoning district. It is unclear to staff why this amendment did not include the R-la zoning district. Although this requirement no longer applies in the R-la zoning district, it may be a consideration. Mr. Froland currently owns approximately forty (40) acres. His property is divided into two (2), twenty (20) acre, parcels. The reason given to staff for the division of the forty (40) acre parcel into the two (2), twenty (20) acres, parcels was because of mortgage requirements. RECOMMENDATION Variance Request Staff recommends approval of asix-hundred ninety three (693) foot variance that would allow Mr. Froland to construct a thirty (30) foot pc-froland.troy PC, Anthony Froland January 24, 1995 Page 5 by thirty (30) foot addition to an existing accessory structure based upon the following findings: 1) THE LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY OWNER SIMILAR RIGHTS ENJOYED BY OTHER LARGE AGRICULTURAL PROPERTIES IN THE R-1A ZONING DISTRICT. 2) BECAUSE OF THE UNIQUE SIZE OF THE PROPERTY, FORTY (40) ACRES, IN A R-lA ZONING DISTRICT, LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PROPERTY OWNER THE ABILITY TO MAINTAIN AN AGRICULTURAL USE, WHICH REQUIRES LARGER ACCESSORY STRUCTURES. 3) THE ACCESSORY STRUCTURE WILL NOT BE INJURIOUS TO THE HEALTH, SAFETY, AND WELFARE OF THE RESIDENTS OF THE CITY. Conditional Use Permit Request Staff recommends approval of the conditional use permit for Mr. Froland to construct a thirty (30) foot by thirty (30) foot addition to an existing accessory structure located within the floodway district with the following conditions: 1) THE ACCESSORY STRUCTURE REMAINS A "POLE TYPE" BUILDING AND THE EXTERIOR SIDING ALLOWS THE FREE FLOW OF WATER BELOW THE ONE-HUNDRED (100) YEAR FLOOD LEVEL. 2) NO FURTHER ALTERATIONS AND/OR MODIFICATIONS SHALL OCCUR ON THE ABOVE MENTIONED ACCESSORY STRUCTURE. 3) IN CASE OF A FLOOD AND/OR IN FLOODING CONDITIONS, .ALL MATERIAL LOCATED WITHIN THE ABOVE MENTIONED ACCESSORY STRUCTURE, THAT MAY IMPEDE THE FREE FLOW OF WATER, BE IMMEDIATELY REMOVED SO AS TO NOT CAUSE AN INCREASE IN THE ONE-HUNDRED {100) • YEAR FLOOD STAGE. pc-froland.troy • • i R1d ~ . _ -'.___-- __. _ ~ _ (PRIMA TE CITY PARK j KLIEVER'S ;MARSH ' .I 1 ~ pan, ArcNUF ZONING MAP ~~ _~ Ciryllollc ~1~ yer P ~. CU 94-38 ~ CASs ~/ 94-17 4, ~' 1 • : HOME ~,/~ ~• y ~ ~~ ;QF ~~.. 3oX~ ~`~ ,. r~, ~~ ~~ ,-~` ~~ ,, 'PROPOSED ADDITION ,i ~ ~ ~; ~ ,, ~ .' 1 ~' ~~~, 1 ({•~ l •~~ ~ I SITE MAP .._ ~ ~. cry of ~ ~a CASE C V 9.4:38 ~~~ ~ _ 94 17 Box ,0 1_06., Orono Par ~+~ _ \It~2V ~:~ S~:V~~ !VI'V ~~ .~1 ~ /e 1^1\ A A 1 /^~(Y r~~~~~ --~1- - ~i .. EXISTING ACCES ORY STRUCTURES 'd TI O ~ Cn ~ W N ~ Sv O O N -, .~. ~, •-~ N • ~ A ~ ~ ~1,j i ~ D _~' . ~ ~ C ~ ~ ~ ~ ~ o m ~ ~ ~ ~~ ,~ ~ m ~ ~ ~ ~ a~-a~ .~ ~ D ~ ~ ~ y. ~ (D r„y ~ O Q. ~~ ~ o .C ~ co O O ~ c .,.-•Q " i ~v c o N r ~ a.-. morn ~o oQ`°~ ~ • ~~ ~ ~ o ~ ~ ~, O ~ o- -~. ~..~ ~ ~D ..,. ~ ~ o 0 cZn --- ~ n < cnn D N ~ m C `G , ~ O _____ N ~ :/ - • 3 _. < _ _ ~ o rn , ~ ~ -~ h ~~ ~ o ~ o ~ ~ TI U7 . p W N ~ A~ O O Cn --, to - ~ .~_ m ~ ,-+ ~ -I ~~ ~ ~ ~ ~-• ~ N ~ ~ O N ~ ~ r ,r ~ . ~ -- ~ ~ ~, moo- ~, ~ < ^ ~~~o~. ' _~ ..« 'p ~_ ~ CA cD ~ co m W ~-«~ o ..~ ~, ~ ~ Q ~ 7o v,0 co ~ ~ ~ ~~a p- O -i+ ~ ~ _ O ' O m ~ ~, W o ~ o - - - T ~. G o a -a _~ _. n p ~ Z ~ Ti ~ (D ~ ~ ~ o ~ :~:~' :, cn ~ ~ ~ ~ ~ ~ N (p -_. _ ~ C (D `C o , ~ ~ f ~ n _' U) O < <D -t v = o n ~ m ~ ~ ~ N i 1 ', ~ '~ ~ _- C ~ O ~ S -, C O ~ ^ Od t n~ ~ ~ om - rn ~~ ~ ~~ o~ ~~ ~ .Q ~ =oo~ ~_ ~. . ~ -°~~ ~i 1 ~ 1g95 ~n~SnTATE OF LI ~J LI ~J ~ ~ ~ ~Q • DEPARTMENT OF NATURAL RESOURCES Division of Waters, PO Box 370, St. Cloud, MN 56302 FILE NO. PHONE No. 612/255-4278 January 13, 1995 Gary Schmitz City of Elk River PO Box 490 Elk River, MN 55330 Dear Mr. Schmitz: Floodway Conditional Use, Case #94-38, City of Elk River As requested, I have reviewed the information regarding the above referenced conditional use permit. As I recall, you and I also viewed this site this past fall. An accessory structure may be allowed in the floodway only if the standards outlined • under Section 902.06, subpart 4, A, B, C, E, and F of your Floodplain Zoning Ordinance are adhered to. If the accessory structure remains a "pole type" building and the exterior siding allows the free flow of water below the 100-year flood level, it would be conceivable that the structure should not cause an increase in the 100-year flood stage. Appropriate conditions should be put on the conditional use permit that restricts any future modifications to the physical building structure or what may be stored in the building. As long as these guidelines are followed as well as any other requirements outlined in your zoning ordinance, our office will not oppose the conditional use request. If you have any future questions pertaining to this issue, please give me a call. Thank you for the opportunity to comment on this matter. Si cerefy, ~~ Dan Lais Area Hydrologist • hh `~ c: Dave Hills, Regional Hydrologist AN EQUAL OPPORTUNITY EMPLOYER