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6.2. SR 02-20-2001City of E Item River MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor and City Council A Scott Harlicker, Senior Planner~ February 20, 2001 Case No. V 01-01 Request by Moldenhauer Custom Homes for Variance ~6.2. Request Consider a variance request by Moldenhauer Custom Homes for a variance to the maximum driveway width of 30 feet at the front property line. Location 17833 Concord Ct., Lot 13, Block 3, Mississippi Oaks 2nd Addition Zoning/Land Use Rld (Single Family Residential) / MR (Medium Density Residential) Attachments Location map Survey of property · Letter from applicant Overview The applicant is requesting an 8 foot variance to the maximum 30 foot driveway width in order to allow a 38 foot wide driveway. The approved survey of the property showed a drive that measured 30 feet wide at the property line. However, the applicant, at the request of the future homeowner, installed a driveway that is 38 feet wide, exceeding the 30 foot maximum width. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone (763) 441-7420 · Fax (763) 441-7425 Memo to Mayor and City CouncilN 01-01 February 20, 2001 Page 2 Variance Staff refers the Board to Section 900.40 of the City of Elk River Code of Ordinances for the five standards to consider when reviewing a variance. A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 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 special conditions and circumstances are not a consequence of the petitioner's own action or inaction. ° 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 in keeping with spirit and intent of the ordinance. The applicant has not provided any documentation showing how the literal enforcement of the ordinance will cause undue hardship. There are no special conditions and circumstances which are peculiar to the property and the structure involved that would justify the granting of the variance. The shape and size of the lot, and the location of the house on the property are very similar to other houses in the development. The literal application of the provisions of this ordinance would not deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. All the other residences have driveways that comply with the ordinance. The need for this variance is solely the consequence of the petitioner's action. The applicant has been building in Elk River for many years and should be aware of the driveway width requirements. Furthermore, the approved survey showed a driveway that complied with the maximum driveway width. The variance would be detrimental to the neighborhood in that over 1/3 of the front yard width would be paved, which is exactly why the maximum driveway width was adopted. S:\PLANNING\SCOTT~V0101 CC.DOC Memo to Mayor and City CouncilN 01-01 February 20, 2001 Page 3 Board of Adjustment Meetinq At the Board of Adjustment meeting held on January 23rd, no one spoke at the public hearing. The applicant went through the attached letter explaining why he needed the variance. The Board felt that the driveway was attractive but found that he did not meet the 5 criteria needed to grant the variance. The Board was concerned with equal application of the criteria and did not want to use the cost of the house as justification for granting the variance. Recommendation The Board of Adjustment and staff recommend that the City Council deny this request for a variance to the maximum driveway width based on the following findings: 1. Literal enforcement of the ordinance will not cause undue hardship. There is no hardship nor are there any special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. The literal application of the provisions of this ordinance would not deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. o There are no special conditions and circumstances. The need for this variance is solely a consequence of the petitioner's own action. o The variance would be detrimental to the neighborhood in that over 1/3 of the front yard width would be paved, which is exactly why the maximum driveway width was adopted. The variance is not in keeping with spirit and intent of the ordinance. S:\PLANNING\SCOT'I~V0101CC.DOC OI~ONO , ~ O~ONO V01-01 13065 Orono Parkway- P.O. Box 490 CASE: Elk River, MN 55330 ~, o~ MAP River LOCATION ertificate of Stirve for: ~goldenhauer Custom Homes HOUSE TYPE: FULL BASEMP. N~T_ PROPOSI,,D GARAGe. FLOOR, gI.~.VATION = 875.9 PROP. TOP OF FOUNDATION · GAR. =. 877.5 PROPOSED LO--liST FLOOR ELEVATION = 869.5 ~ Denotes Existing Elevation ~ Denotes Proposed Elevatiion Job No. .O20-107}Book/Pagei 207/1,;~ Scale: ~' =30' i Date: 7/07/00 ~ 0 Deno&s iron pipe set with a plastic plug Stamped RLS 13057 or 21729. ® Denotes iron pipe found Drainage and Utility Easements are shown thus: Denotes Surface Drainage Lath Set 0 Building Corners 0 0 27.731 09/=7.3% ' GAR.! 1 I I 12.67 t 583O t5 7 PROPOSED HOUSE ----4 ¢ 9.o8 I : ORA~,AGE & '3 _.!~40.87 EASEMENT Hardship 1. The hometnvner wanted a curbed concrete three stall driveway that }vent straight down from the structur~ The home6nvner has a total of 4 drivers in the family, so blocking cars would create a problem for those that live there. During the summer months the homeowner will have many guests who will need parking space. He is the turner of the Gasthof Zur Gemuetlichkeit, a German restaurant in North Minneapolis. He has many friends and has plans to entertain them so he needs all the additional parking he can get. 2. This house is over $600,000. O0 in value, twice the value of any other house in the arett This driveway cost $10,000. O0 dollars to build It seems reasonable that this is a one of a kind structure. 3. Not an issue 4.1 have to throw myself to your mercy because I was not aware of the 30foot ordinance. The driveway is in place at this time and I must say it does enhance the house built there and should help to increase the value of other houses in the neighborhood 5. The lot that the house is on is 100.10 feet wide. It has the proper side setback. There is no danger to anyone, actually with this type of straight driveway it is much safer to exit to the street below.