Loading...
4.2. BASR 06-10-2008REQUEST FOR ACTION To Item Number Board of Adiustments 14.2 Agenda Section Meeting Date Prepared by Board of Adiustments Tune 10, 2008 Chris Leeseberg, Park Planner -Planner Item Description Reviewed by Request by Christina Simon for Variance to Lot Frontage Jeremy Barnhaj Requirements, Public Hearing — Case No. V 08-07 Reviewed by Action Requested Staff recommends that the Board of Adjustments denies the request, as illustrated on drawings dated 4-28-08, for the following reasons: 1. Literal enforcement will not cause undue hardship as the property already has a viable use (a duplex) on it without a variance. 2. There is no hardship nor special conditions and circumstances. The conditions of the site existed prior to the applicant purchasing the property. The current conditions, lot size and setbacks, meet the zoning requirements. 3. The applicant was aware of the conditions of the site prior to purchasing the property; which is a duplex on a single parcel of land. 4. The property owner is not being deprived of any rights. The property already has a viable use (a duplex) on it without a variance. Background/Discussion The applicant has purchased the subject property with the intent of subdividing the property and selling each unit as a single family residence. To subdivide the property in the manner desired, a variance is required as the east lot would be 10-feet smaller than allowed by the R2a zoning district. There are two neighboring lots have been subdivided in the past but staff has been unable to located information on when/how this happened. Additionally, should the variance be approved, a Conditional Use Permit will be necessary for the zero lot line. Attachments Location Map Applicant's Narrative, Site Plan, Plat Exhibit & Surrounding Properties Information 2006 Aerial Exhibit "A" Case File: V 08-07 Page 2 Christina Simon General Information Applicant Christina Simon 60 Day Rule The application has been deemed complete as of May 8, 2008. The City must take action by June 28, 2008 Requested Action Lot Frontage Variance Location and Size Approximately .67-acres on the south side of 192°d Avenue near the Lowell Street alignment. Location Existing Use Land Use Plan Designation Current Zoning Subject Property Duplex UR — Urban Residential R2a-Two Family Residential North Single Family UR R1c-Single Family South Apartments UR R4-Multi Family East Duplex UR R2a West Duplex UR R2a Overview The applicant purchased the subject property, which is approximately .67-acres in size, with an existing duplex with the intent to subdivide the property. The require lot width for the R2a zoning is 80-feet and the applicant is proposing a 70-foot width, which would require a 10-foot variance. The property can be subdivided without a variance but the property line would not be in a logical location and easements (utility/ access) would be required. See Exhibit "A" According to the applicant's narrative, both units have their own private sewer systems but share one well. Should the variance be approved, in order to be subdivided (which would be separate applications, a Lot Split Subdivision and a Conditional Use Permit for a Zero Lot Line Development) the applicant would have to provide plans that show a professionally designed septic system, including the size and locations of primary and secondary systems on each lot. The applicant stated they would install a second well prior to the sale/split. Although these septic and well issues have an effect on the ultimate lot split, they technically do not affect the variance review. These issues will be reviewed at the platting process. S:\PLANNING MAIN\Case Files\Variance\V 08-07 Simon\V 08-07_BA.doc LL LL 7 LL - ------ --- A 21E A RIDGEWOOD PARK tv 47 III SALK MIDDLE II - SCHOOL --04 SITE 7 T-- ICE ARENA —4 LINCOLN PARKER VANDENBERGE ELK RIVER ELEMENTARY ELEMENTARY MIDDLE SCHOOL HIGH SCHOOL SCHOOL S H OOL Private Drives <1 Location Map tik City of N El , L RiverCase Number: V 08-07 CHRISTINA SIMON 11938 / 11948 192-"D Ave NW — Elk River, MN 55330 (Request for Variance of Frontage for 11938 192nd Ave NW) Answers to all 5 requirements of a variance questions: I. This property was purchased with the intent to rent out both units for a short time and then subdivide and re -sell each unit as a single family / twin home dwelling. Currently both units are rented, but rents are behind and causing me to move up my plans to subdivide and re -sell this property. If a variance is not permitted, and rents continue as is, this property could face foreclosure as I could not re -coupe what is owed on this property should I try to re -sell this property as a duplex in today's market. The value is in having this property subdivided into 2 single family dwellings, not in its' current duplex state. If a variance, thus subdivide is permitted, I can re -sell both properties independently and avoid yet another foreclosure in the city. 2. Special Conditions and Circumstances do apply in this district to support my request for a variance of frontage, thus a subdivide: a. `Single Family Setbacks' require 80' of frontage and 10,000 sq ft per lot (Town Homes require 20' of frontage and 5,500 sq ft per lot) Our property is a duplex, but with a subdivide would be considered a twin home. o Should we subdivide, the east lot (11938) would measure approximately 70x 142.94x70x 142.94 = 10,005.8 sq ft which meets square footage requirements, but would need variance for 70' versus required 80' frontage requirements if going by single family requirements o The west lot (11948) would then measure approximately 100.62x142.94xl60xl75.06 = 19,180 square feet which meets both square footage and frontage requirements for single family residences. • Facts regarding other properties in this same district (on this same street and same plat) that support my request for a variance of frontage: o Property Owners tend to take better care of their personal residences; if we are to subdivide this property, it would be sold as 2 separate twin homes and most likely purchased by a home owner not an investor looking for a rental property. This helps values in the area. I would assume this also helps the city with property tax income. o Lot 20 Block 2 = non homestead and not subdivided o Lot 21 Block 2 (subject Property = non homestead) o Lot 22 Block 2 (11922 192°d Ave NW) = Homestead and Subdivided ■ Lot Sq Ft = 11,761 per tax records ■ Dimensions approximately 75x 142x91 x 142 per lot drawing dimensions in property 11912 192nd Ave's file at the City • 75' of frontage does not meet single family frontage requirements but it was allowed to be subdivided o Lot 22 Block 2 (11912 192nd Ave NW) = Homestead and Subdivided ■ Lot Sq Ft = 12,196 per tax records ■ Dimensions 95.6x142.94x78.81x142 per lot drawing in this file at the city _._� -max- 8' ■ This is the only property in this neighborhood that meets the City's frontage and lot square footage requirements for a subdivide. o Lot 23 Block 2 = Homestead in 2007 but recently sold, remodeled and rented out. Assuming 2008 taxes will reflect a non homestead (rentals) o Lot 24 Block 2 of the original Ridgewood East Plat has been allowed to be subdivided into 4 parcels (A-D), all of which are now homestead properties. There are currently 2 sets of twin homes on these 4 parcels, and 2 of the 4 are well / septic properties (see below) and do not meet frontage or lot square footage requirements. The other set of twin homes may or may not be well septic, but they too do not meet city guidelines. o Lot 24 Block 2 (11868192°d Ave NW) = Homestead and Subdivided ■ Lot Sq Ft = 8,276 per tax records ■ Dimensions 53xl42x64x142 per lot drawing in this file at the City (this property was allowed to be subdivided with 53' of road frontage, less than 10,000 sq feet on the lot and it too is a well and septic property o Lot 24 Block 2 (11866192' Ave NW) = Homestead and Subdivided ■ Lot Sq Ft = 4,356 per tax records ■ Dimensions 32.02 x 142.09 (this property was allowed to be subdivided with only 32' of frontage, less than 10,000 sq feet on the lot, and it too is well and septic.) There are several properties on this same street (and in this same plat) that are currently subdivided that do not meet city guidelines for a single family split. o My property at 11948 / 11938 192nd Ave NW in Elk River meets the square footage requirements for both lots should a subdivide be allowed. o The only variance that needs to be given is for frontage requirements on the properly at 11938192d Ave NW. After the property is split, this lot would have approximately 70' of frontage versus the 80' of frontage required by the city on a single family lot split. o Currently both units have their own private sewer systems but share one well. The property to the east, 11938 192°d Ave NW would then need to have its' own private well installed prior to the sale / split. All properties that have been allowed to be subdivided are currently homesteaded properties and those that are still one PID are investment / rental properties. It will only help the neighborhood values to allow for a subdivide and sell each unit as a homesteaded property. 3. No special conditions or circumstances are due to my own actions or inactions. 4. Other properties in this same district have been allowed to be subdivided and do not meet the city's frontage and lot square footage requirements. By allowing this property to also be subdivided, you are only helping to increase property values in this neighborhood, not putting any home owners at risk in the least bit. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of any of the residents of the City or the neighborhood. 4\�4 11938 111 M 192ND AVENUE NW, ELK RIVER + LOT 21, BLOCK 2, RIDGEWOOD EAST N 1" = 40' 5 192ND AVLN�N1W 52.62 1ccau2- 175.06 t cr►a ; 2 CAR cwRA 8 , rdJAG& 11942 r 11938 1 STORY I8 FRAME Zp TW SHED 29 ! r 230 0 11 ���r�•�z lq2.jj x IL,�� Accommodat plat drawing E a 1 142.94 trsr�np a. ypvdrr�a ■rd +n h■ud on ■ vfwr■I i■,prctan d m■ pru.:a■■. t.n 6en+rrr e.00•a �. w �o++MY nnorda. rbtir puryw■s vW �qy wd a■ a arwr. r tiu oerr�anY and 1■ ! far !nd^aaq■ airXsa. or.M.' DATA' q-aa 12 Zf, i5 l CTTY OF ELK RIVrR P.O. Box 490 • Elk River, MN 55330 • (763) 441-4900 _ocation of job owner I'Y1r 7ya 1 rL� Address .icensed Designer ba N) Q P Fri License # cJ l + ' hL License # ,icensed Installers ' � - • ►� signature Date R- c26 — v"1 (Show location of house, tank, drainfield, property line and well) N W ® R 1 Ch a� c c7.h GAS T'a•�CS/h/� t.4!+?1� I � q32 Y-oZ • V NOTE: On ALL replacements and additions, tanks must be exposed for baffle inspection. COMMENTS: New Work ❑ Outside Lift Replacement M Ejector ❑ Addition ❑ Gravity ❑ Mound System ❑ Tank Size I'Zcta C-i Tank Size At1 Square Footage of Drainfield Area 2 Deipth of Rock Under Pie Depth of Rock Over -Pipe Graveless Depth of Dirt Cover Number of Bedrooms DATE INSPECTOR COMMENTS -eaas, -?"I'7 V U+O SOl THIS FORM MUST BE FILLED OUT BY A LICENSED INSTALLER (ASBUILT) (i) CTTY COPY. (2) OWNER COPY, (3) LICENSED INSTALLER COPY MINNESOTA DEPARTMENT OF HEALTH Update Date 2003/10/10 Unique No. 00127221 WELL AND BORING RECORD Entry Date 1988I04/17 County Name Sherburne Minnesota Statutes Chapter 1031 Well Depth Depth Completed Date Well Completed Township Name Township Range Dir Section Subsection 1 90 ft 1 ft 1 g77/10/27 33 26 W 28 ADDDDA 90 Well Name BAUFIELD, MARY Drilling Method Non -specified Rotary Drilling Fluid Well Hydrofractured? ❑ Yes []No Contact's Name BAUFIELD, MARY ft From ft. to 11948192ND NW AV GEOLOGICAL MATERIAL COLOR HARDNESS FROM TO SAND BROW 0 50 CLAY BLUE 50 150 WATER SAND BROW 150 190 USGS Quad: Elk River Aquifer: QBAA Re Elevation: 965 Aft Id: Copy Use Domestic Casing Drive Shoe? ❑ Yes ❑ N Hole Diameter Casing Diameter Weight(lbs/ft) 4 in. to 185 ft Screen Y Open Hole From ft. to ft Make JOHNSON Type L Diameter Slot Length Set Fitting 2 ft. to ft Static Water Level 70 It. from Land surface Date 1977/10/27 PUMPING LEVEL (below land surface) 80 ft. after 3 hrs. pumping 30 9•P-m- Well Head Completion Pitless adapter mfr Model Casing Protection ❑ 12 in. above grade ❑ At-grade(Environmental Wells and Borings ONLY) Grouting Information Well grouted? 0 Yes No Material From To (ft.) Amount(Vdslba. Y Nearest Known Source of Contamination ft. direction. type Well disinfected upon completion? © Yes ❑ No Pump ❑ Not Installed Date Installed Y Mfr name AERMOTOR Model HP 0.75 Volts Drop Pipe Length 72 ft. Capacity 9-p-m Type S Any not in use and not sealed well(s) on property?❑yes No Was a variance granted from the MDH for this Well? ❑ Yes ❑ No Well CONTRACTOR CERTIFICATION Lic. Or Reg. No. 27056 License Business Name Name of Driller T0=2638757 MRY-9-2006 08:16 FROM:MERWIN 8 pSSOCIRTES 763e560901 } 0 p.001/003 F-742 MY-04-2009 14:12 F1i KALL t:Ei RR 2/29/02 Water/Wasteweter•l5TS9,3 Compliance Inspection Form for Existing Minnesota Pollution Zrtdividi al Sewage Treatment Systems Control Agency f+vniGfalionOli1Ns/omtluMUstheminlma►requlremenlsofMlnrt_Swaj^jjfe1S5f2ooaaandMiinnsCortbedrn. o0mcns� Pieriarek Date of In�pecgon.� Reason for inspection; ,t / � i�w G� .. Telephone( property owner(sj r ir! I , L o4 -r r / jePhan? ( Person requesting lnspectlori tip Cod.ZC 3 G Site Address S• � y Townshlp Piro Nc4 Parcel No, county Legal Desciption LocalRegalatoryA_H!ority�• stemin Shoreland Area: yes system In Wellhead. Hate system constrtictad - s'/ r' Protection AMC ye129systern serving a Mpm licensed facility: yaq,!!PLoc=t Permit # (If any) Systems built prior to April 1, 1996 and not located in Shorg[and pr Wdhead Prgtectign Area or Serving a Foodr 4 f 7f ,•ti . ', �everage or Lodging Establlshmvt t e"}3errt'an`lo�minent'�hreatto'aublteheaithat Disehatge.ol se�sgito,t@4 9ro�hd surface? YES DlSelnatga9f,SlW�ge iD drOhltlie or su fare. YrateW YES o aSew�9R o?aap N>l9,dkyeNng? ,. • , - YES o -Situattori rAth tits potential to, immediately and advafsely Impact or throaten p•Jbllc heath or WRY? TESO -• Nwa �s tneg thine? (a yes a�swsr/s a Taldngsrsteynl Lessth?�1ro,�Y?lxparaCon benrevn - . •sjrseern.oP�.a�N!i+t!�.wq orbedrvcKi G - A sew9e•P.G?�P?,otr`t �ii orW-hing pit? YES 0 �s the sysfem non•ctmoNant? - la the sysiara rogulatad under a monitoring pion or openoling permit? P/•no,;gro to page 2) YES(9 Irrea, , - ties the required monitoring taken place? YES No (lf no, NQ OPIRP pplong) • Do@a ipe,mo(iHotting fildlcgte that -the system mach per(olmange vapogtalfonaZ YES NO (lt no, mo sycom s,'non-0omplym.9) Pape 1 or7r`• ,st6�ns located In Shoreland or welineac rrow Areas or Serying a Food, acvcragC or Lodging Establlshment, or systems Built after �g the sY� StBn1 an Imminent threal-to nrihUr hV2fth or safety? .(a t • Olxharge of sewage to the ground SVrfatet Y� � • Discharge of sewage to draintlle or suAce waters? TI:` Itq sewage ba4icup Into dwelling? Yw ITO, - • Sifuetlon with the potential to immediately and adyersely, impact or threaten public health or safety? YE-` )10 is the wstem fa1i11197 (a yrsensrrer/sala/pltgsystemJ Liss than T11REE feet or Vertical separatlgn between system bottom and saturated salt or bedrecid YES 146`. • A seepage Mir cesspool, drywetlr or leachlrtg pit? YE' �s the �33:CA no-comnllant7 - is the system regulated under a Monfloring plan ?[. cpsraling permit? (It no, go to page a) YE`' Rd It yes, Has lho required mon(torfng taken place? YES' No ql no, IN system is lion-corralylny) Does the Monlloring indicate that the system meets performance expectations? , -Yes NO (Hno, "system is non46rnp/y/n.4) wq'-�itiwlstsw .3l I U: em..=,..,, MAY-9-2906 08.16 FRF ILICENIER SSOCIATES 7638560901 * T-420 P.002/003 F-7d9 W1Y-04-2008 14:12 Prwoperty owner(s) _ L Fife �Io./efcel Ng. r��tem Comgonen ea (Please describe eye intern fvnrparen& and atwae site skeerh shoWng system /oration): what Methodse used tam ke the determin-Atlon or the comnllanca Insoecttonj (Kate: Kosta VWPA7x=exl 17se (oA mk_q list iS not evhauSAWe, Or in SWWO'el adernorindkares wh,dr teach/moons mey necessary to make a detNm/Radc wa.tartight tank(s) J111—Probad tank bottom r�/Dbsorved low tlquld level cl Wmined onst records O Examined empty (pumped) tank a probed outside tank for•"biadC SW o-presshe/racuum-check O titer Hydnulld Functioning qk,lo-Saamhed for cwfM outlet o penbnnad hydraalktest Searched for seeping In Yard p Checked for back-up in home p eve ponog, In $olo sysWn/o-taxes 0-**H-0meormar testimony a Eamined for surging in tank p "Black sail" above loll system a other r"Yet#ltaI Separation Distance COnduexd soll bongs _ ,- Depth tC limiting layer Depth to system bottom a 0olmined records a -WU umitiVt.tiyer verification, o . Other tut e Sasetl on the compliance rrlterla, ttte System status HP ecK e) ❑ falling (ba j�""Ilaroundwatpr) an imminent threat td-pubi(c health or safety TPHS), 0 nonnt (monitoringis Issue) iN tune t (cane is the previous conditions), Therefore, t hisidocument IS a: dte of Compliance ❑ Netice of Noncompliance Is this system an EPA elate V Injection Well? 0 yes 0 no tertlfiratlon I hereby artily as a state Of Minnesota licensed Inspector and/or oesigner I or Qualified Employee Inspector and/or t)u-rnfled Employ Designer I that I conducted an Invastlyadon that accurately determined the compUance SMWS of tills system and that my recorded observations are accurate as of this date. No determination of future bro aauwtP� !na ternce has or future re water usage. nor can be a due to unknorm condrtfons during system Conlstruetlon, abuse of the system, Inspector's name (pnnt)�� n rG r � license and/or �1s�b1ja.�non�-N"umber st. PO !3 a 3 -- Employea by L�c.p+tiS wG ��••-• i �A'�dress 1Y10 .,TFe e. !%,� /'t/1 ti S`S� G �// Date signaNlre _ �Jpgrade.Aegvlrer�tenb rderroedrianMmneNew mnnesf!lem •Rn liPli.£moft ba upgradauG re�dac� oy � use d/ssnrrb)►ued tnm'tA! rent rnon4'kr alrecslpt Or Oft noUcr of wrlYryr a thwtd'perldd /)` regljkw by bovtAhanCm !/the OMNM fads m pjoWaa suAroknrgnwndmA rprote bbft, Chem lire rystem must ba upgradecL rat nrFvaced, or& use d.1;=0'nued width dye One re U#ed byrvk ar file kcal adNranm If an cdWitgsystem h mui�a!lbryas d On4d or law,. and(asra(hWA+o-,tr -arbM7Mesymarrneednoebe4wridetd, repx#ec� feplaet4 aria use dL4earbirrreo, cry low/ an#nanM mac trMM sbfct: 77sis abet not apply tb sys7&ts fn shOMdand arr,L7$ waO wd P!Rftob?mn•4`bi N mo,In cvnnsrbron tv/dr roe bswfragR arrd kefyViy arablishmen[s as drlinad 1n low, Suggested Attachments 1) S.It -04;o:n cartd.k(w Indude: wen, well setback to system, duelling or other bulldingsp tank(;),reserved son treatment area, • sulfate rraterand soll-borfnq'focagons. :nCude uilt drawtnB If avallabre. 2) ° Scll bonny loge, showing each horizon. Indicate theas-bto ture, color, redoadmorphic features depth to bedrod4 standing water and whether (he material is mi. ~_ 3) A Ilstof any and an requirements of the iocal ordinance that are different from the state !Iulrements referred to on Mls form. 9) A homeowner survey of system performance, sighed by thCi_+omeowner as !xlifaeetat. - . S) Mooltoring data as appropriate. - Page 2 of"2 1'R'11-J-CGGO GO•ll fRI.,N"I.I ICRW IIY G 1"IJJUI.l,"IIGU IUJtJJUG JCl1 IU•�.wu NAY-04-ZOOS 14:13 FROM -CALL CENTER + T-419 P•993i1)113 Ir(Aa • • Urla Slcciclt; ' ,.. ...... .j.., r. .f.... s j.. ;. T . t• •; .. : " !D to N 11111 1Y f. i.fi. /�'1• ty�lr .r, t'tasaleJkuatpetocadanat: WcII,ne11-39k, + IndrinRargaicre.11nm3ll1njul;uutk IeletretlSul)0aettllWnetea,eulialiltrrelltptUpauT141artfretfSYn]S,alloHu1IN111103(IllutaNUTtltt+ellett)ttyiliat1111 jleal, Ineludet4•ta entl 141001 and rypruxltttotatlklun a Ilvat 11xkd 101.elarev pululs snch Ile latacta and baltdhtlir• I'Icuo attach aa- Ietilt(ho,rlad , Intpeetlan Iepwu, @unitiaeile) orevilgflinuac mild rlullx�sj urlfukuntplifulge, irerrnlln4tc. Sort 1lwtag' (t[it IP)! Luuu(u cucil LuIIIIa ult Zhu lila)r aburr, ltrd1wito oil Ilia t1/111i of UIU oulmtu! Utr bull tc)ctutc,slruclWA Vol or, dopill of aliul) dllrorulitsou typo, ortticl;vu t,rwutilu11;, Lctl,ut:k at)Il sttuldiul; wt &30 tlldicnin Itila IIlaterla1 is DIU vVit N �!!t a ro yR _ (�x n r1ELU1WUID'rJ tU(yLt11U,BSA9ftIAi+tirplt Y-4VrUII AJULr At1UYL'L1Hfi5 lht(ri!!U UStNU'i'1L73 rtrutisLlt 1, l oLftn nU"',I'r, jpR Usuuc latunrnhr tltd����G� �J+ . It W tro,,,l,leteJ 10 Wbit Ills aixrve SYJIont Will, cute Ih.,eetrlLul ^•�-•—.. _P ill naNn eung4latrea'I,�T , mtI f;IDpyee�asHDldioal:age -(4)Lip 1 ` �� I?S.06 EXHIBIT "A" 192ND AVENUE hrW 80' 70' Lot Line w/o Proposed Variance 60 Lot Line 1 1 CA8 ' CAR 21948 GARAGE GARAGE I ST RY IS F E.0 SHED? 2s 230 142.94