4. BASR 10-09-2007.^ ~/
City of
Elk -~
River
REQUEST FOR ACTION
To Item Number
Board of Adjustments
Agenda Section Meeting Date Prepared by
Planning Items October 9, 2007 Sheila Cartney, Senior Planner
Item Description Reviewed by
Requesting approval of a Variance to allow an addition to the erem Barnhart, Plannin Mana er
existing 3-stall garage to encroach in the front setback 15 feet ReVleWed by
Case # V07-08
Action Requested
Staff recommends that the Board of Adjustments deny the request for the variance based on not all
variance criteria is met. Not approving the variance most likely will not cause undue hardship.
If the Board of Adjustments approves the request to allow the addition to the garage to encroach
into the required 35 feet setback by 15 feet; staff recommends the following conditions:
1. The development shall meet all applicable fire codes.
2. The addition is required to meet all applicable building codes and apply for
appropriate permits.
3. The addition shall be located as shown on the plans dated received September 18,
2007.
Background/Discussion
The property was developed in 2003 with a walkout single family, three car garage home. There are steep
slopes leading to the backyard and an in ground pool.
Attachments
Location Map
Applicant's Narrative
Site Plan(s)
Architectural Drawing(s)
Case File: V07-08
Page 2
General Information
Koss Hjermstad
A IlCant Ross Hjermstad
60 Day Rule The application has been deemed complete as of September 18,
2007. The City must take action by November 18, 2007
Re uested Action Variance for accessory structure
Location and Size 17,682 square feet lot at the corner of Denver Street and County
Road 30.
Location Existing Use Land Use Plan Designation Current Zoning
Sub'ect Single family Urban Residential R1b, single family
Property residential
North Single family Urban Residential R1c, single family
residential
South Single family Urban Residential R1b, single family
residential
East Single family Urban Residential R1b, single family
residential
West Single family Urban Residential R1b, single family
residential
Overview/Analysis
The applicant is requesting a variance to add an accessory building to the north side of the existing
garage. The accessory structure will be attached to the garage and will be accessed from inside the
garage and will have a service door, not a garage door. The property is on the corner of Denver
Street and County Road 30 (Mississippi Road); therefore, two front yard setbacks apply. The front
yard setback is 35 feet; the existing house and garage are currently at that setback.
The rear yard slopes to the back starting behind the garage and the house. According to the
applicant an alternative location is not available on the lot due to the layout of the house and the
slopes; there is also a pool and a deck in the backyard. If the subject site was not a corner lot a
variance would not be needed.
Applicable Regulations
Variance Criteria
7. Literal en orcement of the ordinance zvill cause undue hardship.
S:\PLANNING\Case Files\Variance\V 07-08 Hjermstad\Staff report.doc
Ross and Debra Hjermstad
18175 Denver St NW, Elk River
Application for Variance to Setback
September 19, 2007
1. That literal enforcement of the ordinance would cause the applicant undue hardship.
We desire to build an accessory structure on to the side of our garage which is essential for
the needs of our family. Due to the layout of our lot, the location along the side of the garage
is the only location suitable for this addition. Currently, a 35 ft. setback on our corner lot
prohibits us from building an accessory structure onto the side of our garage. Without a
variance to the setback we would not be able to build this accessory structure. The garage
side is near the setback and a variance would allow us to build the accessory structure
addition 15 ft. into the setback area, leaving 20 ft. open space between the addition and the
property line facing Mississippi St.
2. That the hardship is caused by special conditions and circumstances which are peculiar to the land and
the structure involved and which are not characteristics of or applicable to other lands or structures in the
same district.
• The walk-out layout of our lot causes a sever sloping to the backyard, which we have lessened
by installing concrete steps and athree-tiered 20 ft. boulder wall. The contractor has advised
us that it would be cost prohibitive to excavate and level off the backyard or other areas of the
side yard to build this addition outside of the setback area.
3. That the special conditions and circumstances are not a consequence of the applicant's own action or
inaction.
• The sever sloping to the backyard is the natural lay of the land, slightly enhanced into awalk-
outdesign by the land developer prior to our purchase of the lot.
4. That the literal application of the provisions of the Ordinance would deprive the applicant of rights
enjoyed by others properties in the same district under the terms of the Ordinance.
• We are aware of many homeowners in the district who enjoy the benefit of an accessory
structure. Our corner lot has two 35' setbacks which limits the options for placement of the
addition on our lot. Further, the sever sloping to the backyard prevents an addition in other
areas. By granting this variance to the setback, we will be able to build the accessory
structure necessary for our family.
5. That the variance will not be injurious to or adversely affect the health, safety, or welfare of the
residents of the City or the neighborhood wherein the property is situated and will be in keeping with the
spirit and intent of the Ordinance.
We have had an opportunity to discuss our preliminary plans with our immediate neighbors
and have received only positive reactions, no negative comments at all. We intend to have the
surrounding side yard professionally landscaped for enhanced visual appeal facing Mississippi
St. The exterior of the addition will be designed with the same brickwork and window/door
design as the front of the home for continuity. We do not feel the addition will encroach upon
the safety of residents or commuters along Mississippi St.
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Certificate of Survey for: RICKSHAM CONSTRUCTION
952.8 Denotes Existing Elevation HOUSE TYPE: FULL BASEMENT W ALKOUT Job # 8521-30-101 Book/Page: 230 17
981.5 Denotes Proposed Elevation
PROPOSED HOUSE ELEVATIONS: Scale: - 1"=.30' Date: 03/17/03
'-
"~ Denotes Surface Drainage GARAGE FLOOR ELEVATION = 5 O Denotes iron pipe set with a plastic
882
TOP OF FOUNDATION ELEV _= .
882.8 Plug stamped RL5 21729.
ON THE JOg SITE LOWEST FLOOR ELEVATION = 874.5 • Denotes iron pipe found.
1ANSMUS NgCONS1R0C~,ON
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~C;-,i:<<:,n ,ri~rew«y ~,~;~iif: ,'. i ~ Maximum driveway wid~i't 30 feet
zt C;e Properly line. C:i .:, , at the R~Aerl~ line. ~irivevuays
ri,;.:i be set back 5 feet fiotn ~,,; must ba ,et back 5 f®ex fpm any
PrcPerty IinG, ProPeriy lln~4:
Lot 1, Block 2, MISSISSIPPI OAKS 3RD ADDITION, Sherburne County, Mn.
I hereby certify ,that this survey, plan, or report was prepared by me o.r ,under
my direct supervision and that I am a duly Licensed Land Surveyor under the
laws of the state of Minnesota.
JOHN OLIVER & ASSOCIATES, Irrc. John Oliver & A
By; Rick M, Blom, Land Surveyor
Minnesota Registration No. 23729
Date: 03/20/03
ssoc~ates, Inc.
Civil IfnginearGng, Land Suruaying, Land PCanning
530 Dodge Avenue
L'lk River, Minnesota
763-441-2072 (FAX)763-441-5665
Offices tin: Elk River, Burnsville
and Brooklyn Center, Minnesota