4. BASR 01-09-2007City of Elk River Item Number
REQUEST FOR BOARD OF ADJUSTMENT 4
ACTION
Agenda Section Meeting Date Prepared by
Board of Adjustments anu 9, 2007 Chris Leesebex ,Park Planner
Item Description Reviewed by
Consider Variance Request by John C. Weicht & Assoc. fox Jeremy Barnhart, Planning Manager
Setback Variance fox Deano's/Precision Frame, Public Hearing
Case No. V 07-07
Location
11061 173`d Avenue
Introduction
The applicant is requesting a variance to allow a building addition to be within the 40-foot rear yard
setback (a 20-foot variance).
Attachments
• Request for Action
• Location Map
• Site Plan
Action Requested
Staff is recommending the Board of Adjustments approve the request with the conditions as outlined.
Board of Adjustment Action Motion by Second by Vote
Follow Up
Case File: V 07-O1
Page 2
Location: 11061 173`d Avenue
Zoning: C3 (Highway Commercial) Land Use: HB (Highway Business)
Adjacent N - C3 Adjacent N - HB
Zoning: E - C3 Land Use: E - HB
S-C3 S-HB
W-C3 W-HB
Site Area: 2.58 acres
60 Day Rule: Action must be taken on this request by February 23 , 2007
Overview
The applicant would like to add a 38-foot addition to the north side of the existing Precision Frame
building. In order to do so, they need to be granted a variance of 20-feet as the rear yard building
setback requirement is 40-feet.
With the general change in the collision repair business where auto body repair shops do most frame
straightening in house, Precision Frame is getting more business from large vehicles such as motor
homes. With these types of vehicles, there is a need for larger space to accommodate them.
Although an addition of approximately 18-feet can be constructed that would meet the zoning
requirements it would not meet the needs for the larger vehicles. The need for a variance is the
setback requirements on a corner lot. The determination of which is the rear lot on a corner lot is
by the address of the property, as rear lot lines are opposite the address side. Because the north side
of the property is considered the rear lot line, the required 40-foot setback is not met, however, the
visual impact between the rear and side yards are minor.
If this building would have been addressed off of Vance Street, this addition would meet the setback
requirement for the north side and a variance would not be needed for this side. Although it would
meet the setback requirements on the north side, then it would require a variance for the west side.
Alternatives have been considered, but rejected due to interference with vehicular circulation on the
site.
Existing Conditions
The subject property is located at the northwest corner of 173`d Avenue and Vance Street. It is an
approximately 2.58-acre. The majority of the property is dedicated to parking and circulation. The
properties to the north of the subject property are developed with parking lots that serve those
properties immediately adjacent to the proposed addition. It does not appear the addition would
not adversely affect these properties.
S:\PLANNING\Case Files\2007\Variance\V 07-O1 Deanos Qohn Weicht)\V 07-01_BA.doc
Case File: V 07-O1
Page 3
Applicable Regulations
Variance
7. Literal enforcement of the ordinance will cause undue hardship.
Although an addition of approximately 18-feet would meet the zoning requirements, literal
enforcement would not allow the applicant to construct a structure on the north side of the
existing building to an appropriate size needed to sustain their business. Alternate locations
of a building addition would interfere with vehicular circulation.
2. The hardship is caused by .pedal conditions and circumstances, which are peculiar to the propery and the
structure involved and which are not characteristic of, or applicable to, other lands or structure in the same
area.
The special conditions and circumstances are not peculiar to the property and the structure.
The circumstance that is causing the need fox a variance is the setback requirements on a
corner lot. The determination of which is the rear lot on a corner lot is by the address of the
property as rear lot lines are opposite the address side. If this building would have been
addressed off of Vance Street, this addition would meet the setback requirement for the
north side and a variance would not be needed for this side. The requirement of a "rear"
yard for a corner lot creates a uniqueness that imposes greater hardship.
3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction.
The special conditions and circumstances are not a consequence of the petitioner's own
action or inaction as the codes regarding setbacks and yard classifications are driven by the
City. However, the initial development of the site causes some expansion obstacles not
considered at the time.
4. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other
properties in the same district under the terms of this ordinance.
The literal application of the provisions of this ordinance would not deprive the petitioner of
rights enjoyed by other properties in the same district as an addition of approximately 18-
feet would meet the zoning requirements.
5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city
or the neighborhood where the property is located and will be in keeping with spirit and intent of the
ordinance.
The variance would not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood where the property.
S:\PLANNING\Case Files\2007\Variance\V 07-01 Deanos Qohn Weicht)\V 07-01_BA.doc
Case File: V 07-O1
Page 4
Recommendation
Although Criteria #4 is not met, staff recommends that the Board of Adjustments approve the
variance request with the following conditions as the proposed land use is consistent with the intent
of the district:
1. A variance of 20-feet shall be granted as indicted on the site plan dated 10/30/2006.
Respectfully Submitted
Chris Leeseberg
Park Planner /Planner
S:\PLANNING\Case Files\2007\Variance\V 07-O1 Deanos Qohn Weicht)\V 07-01_BA.doc
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