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4. BASR 07-08-2008City of Elk River REQUEST FOR ACTION To Item Number Board of Adjustments 4. Agenda Section Meeting Date Prepared by Board of Adjustments July 8, 2008 Chris Leeseber , Park Planner -Planner Item Description Reviewed by Request by Christina Simon for Variance to Lot Frontage I jeremyBarnhart, Planning Manager Requirements, Public Hearing — Case No. V 08-07 1 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 (1983 & 1984) but it is unclear what the regulations were at that time for subdividing properties. 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 192nd 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-2.doc Case File: V 08-07 Christina Simon Page 3 Applicable Regulations Variance Criteria 1. Literal enforcement of the ordinance mill cause undue hardshib. Literal enforcement will not cause undue hardship as the property already has a viable use (a duplex) on it without a variance. The property can be subdivided without a variance. 2. The hardshib is caused by special conditions and circumstances which are t)eculiar to the Proberly and the structure involved and which are not characteristic of or "licable to other lands or structure in the same area 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 4ecial conditions and circumstances are not a consequence of the betitioner's own action or inaction 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 literal 4Plication of the tnvisions of this ordinance would derive the petitioner of rights enZoved by other broberties in the same district under the terms of this ordinance. The property owner is not being deprived of any rights. The property already has a viable use (a duplex) on it without a variance. 5. The variance will not be incurious to or adversely affect the health safety or we are of the residents of the cit or the nec hborhood where the broDerty is located and will be in keeling with 4irit and intent of the ordinance A variance would not be injurious. Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\Variance\V 08-07 Simon\V 08-07_BA-2.doc .. I I r - �� D CL - \ I _ / . FI I ��- - -- -T I i v7,11 V r��d `rIE LTG;) A., t —RIDGEWOOD ' l PARK Q G ~ + C� + I—� / I_ F� h'0 I _ I I SALKMIDDLE ' SCHOOL SCHOOLit i- � 1 rr !� _ � r r i it SITE ,I - - - I I, IL �= 1-z , t H Y C [ i s i - I I j — ICE ARENA it � VANDENBERGE I I LINCOLN PARKER ELK RIVER ELEMENTARY ELEMENTARY 1- MIDDLE SCHOOL HIGH SCHOOL - SCHOOL SCHO L - L- - N L - _ T -- Aft Private Driv Drives Location Map Cityr or N El -� River Case Number: V 08-07 CHRISTINA SIMON 11938 / 11948192NDAve NW — Elk River, MN 55330 (Request for Variance of Frontage for 11938 192"d Ave NW) Answers to all 5 requirements of a variance questions: 1. 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: o. `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 (1193 8) 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 100.62x142.94x160x175.06 = 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 192"d 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 192"d Ave NV) = Homestead and Subdivided ■ Lot Sq Ft=12,196 per tax records ■ Dimensions 95.6xl42.94x78.81xl42 per lot drawing in this file at the city , 141 � , FILE CUrY ■ 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 (11868 192°d Ave NW) = Homestead and Subdivided ■ Lot Sq Ft = 8,276 per tax records ■ Dimensions 53x 1 42x64x 142 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 (11866 192° 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.) 5&� ;as • 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 property at 11938 192"dAve NW. After the property is split, this lot would have approximately 70' offrontage versus the 80' offrontage 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. 11938 / 11948192ND AVENUE NW, ELK RIVER + LOT 21, BLOCK 2, RIDGEWOOD EAST N 1"=48' 192ND A"%TNVW NW 92-62 175.06 230 70 1 142 /o/ n©5. Y ACCOmmodat plat drawing i3► 15 i ,fit`\ 1 STORY I8 FRAME 20 Tw*q SHED 1 28 �c I . 14294 A E -"J01 bm irg ate o4 cobased M a VWUW " 10 " rl d "pronaaa. itan Gain IM -004 R �+ !mooch. rbnad Pupww and uard o a nrwy. t tht 4a1 ud is t%Ksndae Ier mnap wrmas xh DATE F.FCIFI.V =y 1-1-aa k c Ma 12 C"TTY OF ELK RIVrR P.O. Box 490 • Elk River, MN 55330 • (763) 441-4900 .ocation of job 11-1 H'(-1 IITL t+v Nl&z All owner 11''1 -Ar 1►A Address ,icensed Designer K�r License # t + +ll- License # Cr�� .icensed Installer - C i _ Date 8 - c?Ci —y >ignature (Show location of house, tank, drainfield, property line and well) N I s l .. v.h 30 al�h r 114. o,S/ m7ril I° ' : N .c.------ 'V Ire NOTE: On ALL replacements and additions, tanks must be exposed for baffle inspection. COMMENTS: New Work ❑ Outside Lift 21 Replacement M Ejector ❑ Addition ❑ Gravity ❑ Mound System ❑ Tank Size �zo'' tki Tank Size K�1 Square Footage of Drainfield Area Z De th of Rock Under Pie De th of Rock Over Pie Graveless De th of Dirt Cover Number of Bedrooms DATE�Q- INSPECTOR— COMMENTS +►h-2 asf 71�3'1J THIS FORM MUST BE FILLED OUT BY A LICENSED INSTALLER (ASBUILT) (1) CITY 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 pate 1g8810417 County Name Sherburne Minnesota Statutes Chapter 1031 Well Depth Depth Completed Date Well Completed Township Name Township Range Dir Section Subsection ft 190 ft 1977/10/27 33 26 W 28 ADDDDA 190 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 Elevation: 965 Aquifer: QBAA Aft Id: Report Copy Use Domestic Casing Drive Shoe? ❑ Yes ❑ N 7Djamrweter Casing Diameter Weight(lbsM) 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 ft. 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 Pitiess 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(Yds/bags) Y Nearest Known Source of Contamination type ft. direction. Well disinfected upon completion? 0 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 TO:2638757 MAY-9-2006 08:16 FROM: MERWIN 8 ASSOCIATES 7638560901 + 7-420 P • 001/003 F-74111 MY-04-2000 14:12 FRMKALL CENTER 2125/02 Water/4Vastat 5". 15rS9,3 Compliance Inspection Form for Existing Minnesota Pollution Individual Sewage Treatment Systems Control Agency v- 2001 one Mlnnosor4 a M. 7000 (19999. Please refs Completion of QNs farm Adolls the, minimal requiremonfs Of,oWeUV jar CqM _ neY fe0utremenls for bedroom eddlllana. _ SaAt1.4t� Date of inspection, 1� Reason for inspection; c Telephone propertyowner(sj1- ►t Airs -�— / fephon?( )' Person requesting Inspection sty Vp Code 3G Site Address !� y,_Townsillp�, ` Pere No./ Parcel No. County Legal DescrIptlon Loral ftegalatory Authority P y 7� Sjstemin.5horeland Area: yes system in Wellhead. Date systebl constructed f j .-- �5�n ocal Permit # (If any) Protection Area: Ye S/ 5ystaM sen+ing a MAN licensed facility: yegr u Systems built prlpr to April 1, 1996 and not located In Shoreland prWellhead Pfgtectlpn Area or Serving it Food, �everage or Lodging Establ)shmvt , c'tne'cti r.:enr'thsrny*toavblleheatthor Dt"fge oAsevlggitoJ,t(ig greed surfaces? YES -Dlschargaof,,semJgitgdrelntlteorsurface.waters? Y6 0 .Sewa94 b!PPIl4.Meong? •.Situation rvlth the poten9a) to, )mmedlately and adversely kWct or threaten public health or YFS� surety? r ry,r, I; rna sX gQl�Gnl.at(a yes apsws�/s a A1111.q srstem) Less ?�IrJW„Oi� ojry rSle�4sepsr!gotn betwesn' . Systerrl,optaotm.ittt�tyaell ortxdrvek7 IT YES d:orteehl^pT OA #s the sysrfem non•romDRant? la the sysiera ropulalad under a monitoring plan or operating permN7 Rfrto, go ro page 2) YES® lr yes, . • Has the requited monitoring taken place? YES NO (Mno, "TIML'9 W�n81 �rlti'1�n114tiLw4Ti7,r).hf{!"�"'1'�'`P••• '- - - Doha Qte, .gpgorbtg lBdfcate 1,hat_the system meela pariorman4e nipoglallonaR YES No (itno, ere Baum p'nonoomplytng% stems located In Shoreland or Wellhead P Areas or Ssr Ing a Food, 8aycra94 or Lod Estabtlshment, or systems Built afar Ls the SYF @,Ti 'ar• XMLj Mt thriaat to au llt health or safa�t�id iw ansrmris an iiW5system) - 01scharge of sewage to the ground surface? Yin . Discharge of sewage to MIMIC or surface waters? Yf RQ . Sewage bagkgp Into dwelling? YEV 1G0 . g6mdon with the potential to tmmedlatey and adversely impact or threaten public health or safety? YE.° ►40 7sthe�..ste to, I)Inor?(0rrsensrrdrfsalallWS?Stem) - Lm(han THREE feet or ygrtical separation between system bottom and saturated sell or b6*vd 7 YES • A�1. -Aeaepage Pit. cesspool, dfywell, orleaching pit? YE` .�.' ss the ��t _m nun-eorf�oliantT Is Inc system regulated under a mon6ring plan 1r. cperaling permit? (If no, go to page 2) YEr kCt Has the required monitoring taken piece? YES' No ill no, Me sys(sm 1s rionc"lyrng) ones the moniloring Indicate that the system moose 01G performance expectations? , pl Ro; rho system !9 non-evn'yolyfngJ -..� L , ,..w .�.... Page i oftir`• - wq=C�wlscsa.3i IU:dWow, T-420 F-DOZA03 F-T48 MAY-9-200, Ze.16 FROM:MERWIN 8 RSSOCIATES 7638560901 NAY-04-2008 14:12 FRMFCALL CENTER r , - • Property 5)11,tem components (Please descrf6e the Fire No./ PArcel No. and attach s/te sketch shora/ng 5wep" /orat/on). What Methads wgre used to make the datermInAtlons to the comalla Eg lnsoeRton7 (Note: NO sARda(d prolDCCl eXt The faal tV lar Is not eMausObe, Or In SWUMdrl ordereor,nmcares wa,vr 1PMb4. . m , necessary ry make a ewemrlwe WateMght tank($) y11—Probed tank bottom t%/t)bsarvad lore Ilquid level q emmined consL records a emmined empr/ (Pumped) tank a Probed outside tank for"bladt soft" a-praavre/vakuum-check a other Statusof the system _ Hydraulic Functioning Searched for Curfap Outlet o performed hydraulktest P"Searthed for seeping In yard p Chedeed for back-up In home O ESrcerstve pondin4 in Sol! system/t)-tioxrs 0"'Homeownar tes"orly O Examined for surging in tank O "Black sot, above soil system Cl Other 1 QttLcal Separation Distance Conducted soli bonny$ _ Depth to limiting fayer Depth to system bottom a Ermined records o •LGU Un11Cn9•Layerveriflca7on• o . Other - " tole one) Q failing (to r groundwater) O an Based an the compliance criterlar the system s1to is; imminent threat tu-public health or safety (r PHS), 0 i>on Pliant (monitoring issue) compliant (nacre of the 3 previous conditions), Therefore, this:docurnent is a: rtificlite of Compliance C3 Notice of Noncompliance Is this system an EPA Class v Injection Well? 0 yes 0 no t hare ration r and/or ceigner I or Qualified Employee Inspector and/or Qualied EmplOr i hereby cetCry as a sots of Minnesota Ileensed inspector d/ and that m recorded Designer i that I conducted an Invest7gation that accurately def NtU ed the comPOf" embus Mance a this system nor can be Y unkn�wvrrnocondltions during rate system oof this ate. No detenYdnatla nstruaron,nnabuse of the sYmm, In decluatee malnnteriancee or future re water usage. a due to Inspector's name (print) VA,, re' � %}• (`��� Phan•, & 3 — ? 77� 7 C l - FF0 ueense and/or is dori Number Address. PO l3 'at 3 =ZS 9A'&ess r� 110 rY1 H S.S3 �. 1 Date t/-11�� Srgnatvre � . �[poiadB.Aeauirrr�ents rotmrhedramMaart�tivs@tuteslflS.S3J An PMmW be upgraded, err la use dl&-m r& ed w4ft tent mon4hr Ofrecerpt of MIS nobler or rrlth/n a shorterpenrod �` reiquri+eo brlocal ardpaarlce If drs sysresm fads to provide suAFdeotg�mdwaltYprrztecoaL the'r the s)nye�++ mustba upg�adaQ, rVleced, orb use o2a10 ft ed *Y00 brie rime nsqukr+d byrvk or the local ora7P+ant+e> If an /t4 system to rrOt as arnllhec:/rr law,. 400ar dw dre system need nor 6e wgr=w, repiffda4 to pkcact orbs use dlsandnued, m�9 anyPoral ardlnancr arat&mart: srikt 77fds ObeJ not apply lb systa�nr In slfoteland anta� wellhead usedllt connaerdw► w/Ur fob devera9G and kdg/nQ extbbfishments as dr1lnad hr law. &uaaest d Attachments i} Sitp ipgool cquid.alao lndude: web, well setback Oo system, dwetling or outer buildings, lank(;),reserved loll treaanent area, surface "atarand soll•bcWng•loeaeans: include as-bulR drawing It aw1100ie. 2} ° scn banny-togs Yhowtng each horizon. Instate the texture, color, redwdmorphic features debth to 4eerod4 stance = water and whether the material Is . 3) A Astof any and all requirements of the local ordinance that are ci ferent from the state riiqulrements referred to on ifs form. 9) A homeowrfer survey of system performance, signed by thkt=cQWner as being factLm" Y • . SJ Mopitortng daft as appropriate. Pa§e 2 of'2 rani-rcauo uo•i. rRUI'LIICRWlI• h nJJV�.lr'fIG:J IUJ1JJl:JV lCI1 �.r•t�uJU NAY-94-1606 14:13 FRMI-ULL CENTER + T-426 P.1103/91.13 r-M I WIG Shown l ' ..•t. 1 ft�.. .3. .{: „ i � .. . .. .j.. 1. ,q.. j�..y..{..l.. }... y. j. . %.. .i. r. .�..•�. ..I. 11. f.1 .i .. •i .:� J •....... i..•'s R. .r 'li fi..r...y ! r Lj 1Y 1'laalatikataca6*1e6e1-leeal: WC11,1TC111scat3ek, r d1TclllnRvrvtllCrgta411tNtnial;W,tQI sollheiluuta1 31em, lelclred full ueauuall o:ee, eallalu Ipeht Ilropaul its, vauffivuls. atN [sill Ini Illlos (lllutc IIIU'I' ltlsle11cd Ly III* 11111itpl, I(ICIUdat4G 7tld f swb aqd aNplux1n141e dISENICU Hum Iliad IF lblenco puhds such M 311 avyl •nd wllJt142. 1'Ic49 alhctl q- Indltdlmr6ia; Inrpoeiran lsltvlu, Cvnllivayrl arCwigarmloo nlul rlauw�:! uclrunewulgltultiY, Ire(rnIlA41a 4fol! 11yrGlgs (Illt 1Y)l .Luuulu ouch bolllll; wl Ulu hjult abuts, llidlaalu vrt Ilia t111111 aEUla aulal vt llrc aull Icxlum,s uclul0, COlurr dapill Urouoh d1'fOrciltSOI1 Iyj,O, OVI,11JUVIJ OrILIVillutg, Lcdrud alid sltufdiitg wl Mo hidlcato lrU:o IllaiC401. ie Ult# lilt # lilt N 131t Il ,r /aYA — fJlt/1 N IN 16yg t !�� U�I'rt lcrr�tuiu,etrnsdr�ru,tauriiril'fGfl{�a!Jp'NI(h'+ ABOVOLIMES (Ilfl.tl U9lrfU'I7t7ii.Iv�rs(?LLCVLfjnisuiririn nx„Itr •• �•�..�=u: to Vr aea,I,ic{c{1 to 1,71110 Ilia olHlYe 3y312111 lulu ewu Ilwao {f lLuiu/ nu •---•�-�� _ � i le eunytlleteeaY ,,,��T e and/rwpy„v�dc�ID:IhoA%:ace -14,UYJ •�� •�' �� 175.06 EXHIBIT "A" 192ND A ENS NrW 80' 70' Lot Line w/o Proposed Variance ¢0 Lot Line . 77 E CAR GARAGE GARAGE 11949 11938 1 ST R Y 18 TW f SHED 2s 2330 142.94