4. BASR 08-12-2008REQUEST FOR ACTION
ver
To Item Number
-Planm*ng Commission 4
Agenda Section Meeting Date Prepared by
PlanningItems Au ust 12, 2008 Chris Leeseber , Park Planner -Planner
Item Description Reviewed by
Consider Request by Elk River United Methodist Church for
Variance, Case No. V 08-08 Reviewed by
Action Requested
Staff recommends that the Board of Adjustments recommend approval of the Variance request, as
illustrated on drawings dated 6-30-08.
Background/Discussion
The Elk River United Methodist Church is applying for a variance to build a new addition. They would
like to use the building setbacks that were used for the existing building.
Attachments
• Location Map
• Applicant's Narrative
• Aerial
• Site Plan
Case File: V 08-08
Page Z
United Methodist Church
Variance
General Information
Applicant
United Methodist Church
60 Day Rule
The application has been deemed complete as of July 10, 2008.
The City must take action by August 30, 2008
Requested Action
Front Yard Set Back Variance
Location and Size
Approximately one acre located between Main Street and 4`h
Street.
Location
Existing Use
Land Use Plan Designation
Current Zoning
Subject
Property
Institutional
Old Town
R1c - Residential
North
Residential
Old Town
R1c - Residential
South
Residential
Old Town
R1c - Residential
East
Residential
Old Town
R1c - Residential
West
Residential
Old Town
R1c - Residential
Overview
The applicant is looking to add classroom areas, a sanctuary, a narthex and administration areas to
the church to better serve its growing congregation. The current setbacks would not allow this
expansion, at the scale that is needed for the community, to take place.
The building setbacks are 30 feet from the front property line and 10 feet from the side property
line. Main Street and 4"Street are considered front property lines which both would require 30 foot
setbacks.
The applicant is requesting a setback of seven (7) feet from the Main Street property line and a
setback of ten (10) feet from the 4`h Street property line. This would match the existing building
setbacks providing a uniform look.
It appears that some of the neighboring homes are closer to the property line than is allowed and
Handke School is approximately within 5 feet of the Proctor Avenue property line. Portions of the
proposed addition would encroach in the setback so there would be visual relief to the facades that
front Main Street and 4`h Street. This would be in character with the neighborhood.
S:\PLANNING MAIN\Case Files\Variance\V 08-08 ER United Methodist Church\V 08-08_BA.doc
Case File: V 08-08 United Methodist Church
Page 3 Variance
Applicable Regulations
Variance Criteria
1. Literal enforcement of the ordinance will cause undue bardsbi .
Literal enforcement would cause undue hardship. The property owner would not be able to
build an addition that would accommodate the number of people needed to continue providing
its services to the local community. This request is different than a typical commercial building,
as the size of the building has a direct connection on number of people using it. The type of use
on the property has inherent needs for size that are uncommon to the typical uses in the R1 c
zoning.
2. The bardsbip is caused by Oe6ial 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 special condition is that an institutional use/building is on a one -acre residentially -zoned
property. The lot sizes in this zoning are indented for residential structures and the existing use
is a large church, which inherently might require large additions.
The shape of the property and access/parking needs also creates hardships in the ability to place
structural additions in a manner that does not require a variance.
3. The rOe(ial conditions and circumstances are not a consequence of the petitioner's own action or inaction.
The circumstance is not a consequence of the petitioner's action. The church has been in place
for many years and the R1c zoning rules may have changed over the years. The setback
regulations are intended for residential uses, where large additions are not common.
4. The literal a4plication of the provisions of this ordinance would deprive the -petitioner of jygbts enioyed b oy ther
properties in the same district under the terms of this ordinance.
The current use (Institutional) is not characteristic of other properties in the area because they
are residential properties. Elk River United Methodist Church is a community church that has
been an integral part of its neighborhood for many years. The setbacks as proposed would
continue to match the existing building. The expansion will allow the church to serve more of
the neighborhood that it is a part of.
Other properties (homes) are able to create additions to their structures more easily due to their
size and nature or use.
S. The variance will not be iniurious to or adverselafect the health, safe_4E or wel{are of the residents of the citor
the ne4gbborhood where the properly 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.
S:\PLANNING MAIN\Case Files\Variance\V 08-08 ER United Methodist Church\V 08-08_BA.doc
Case File: V 08-08
Page 4
United Methodist Church
Variance
Staff is recommending approval of the request, as the use is an allowed institutional use in a zoning
district that is regulated for single family homes. Approving the variance does not approve the
proposed design, as the building addition will require a Conditional Use Permit and will be review by
the Planning Commission and City Council.
Action Motion by Second by Vote
Follow Up
S:\PLANNING MAIN\Case Files\Variance\V 08-08 ER United Methodist Church\V 08-08_BA.doc
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River Case Number: V 08-08 UNITED METHODIST CHURCH
The Elk River United Methodist Church is applying for a variance to build a new
addition to the former building setbacks that were used previously. The current building
setback on Main Street is 30'-0" from the property line. The current building setback
from 4t' Street is 20'-0" from the property line.
Elk River United Methodist Church is requesting that they be allowed to use the
previous setbacks. The previous setback on Main Street is 7'-0" from the property line
and the previous setback from 4t' Street is 10'-0" from the property line.
The church is looking to add classroom areas, a sanctuary, a narthex, and
administration areas to the church to better serve its growing congregation. The current
setbacks would not allow this expansion to take place at the scale that is needed for the
community.
This variance would allow the new additions of the church to match the existing
church setbacks and provide a more uniform look and feel for the building.
Granting of this variance would not adversely affect the neighbors in this
community. The additions would match the existing church setbacks. The existing
church has been in place for many years.
This variance request is not characteristic of other properties in the area because
the other properties are residential properties. Elk River United Methodist church is a
Community Church. The expansion will allow the church to serve more of the
neighborhood that it is a part of.
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CITY OF ELK RIVER
PLANNING COMMISSION
REGULAR MEETING AGENDA
Tuesday, August 12, 2008
6:30 p.m.
Elk River City Hall
The Planning Commission is an advisory body to the City Council. One of the Commission's functions is to hold public hearings and make
recommendations to the City Council. The City Council makes all final decisions on these matters. Elk River City Ordinances require that certain
documents and information be included in applications. The Planning Commission may postpone consideration of an application that is incomplete
and may, for other reasons, postpone final action on an application. For each item the Commission will receive reports prepared by the City staff,
open the hearing to the Public, and discuss and act upon the application. Those present are asked to turn off all cell phones and pagers.
ITEM NUMBER
CALL MEETING TO ORDER.
2. CONSIDER AUGUST 12, 2008 AGENDA
3. CONSIDER JULY 8, 2008 PLANNING COMMISSION
MINUTES
4. PLANNING COMMISSION REPRESENTATIVE TO ATTEND
AUGUSTI8, 2008 CITY COUNCIL MEETING
5. PLANNING ITEMS
5.1. Request by Earl Hohlen for Conditional Use Permit for
Site Plan Approval & Amend PUD Agreement for Elk
River Crossing, Case No. CU 08-17
5.1. Request by Earl Hohlen for Preliminary Plat Approval
(Zane Street Commons), Public Hearing — Case No. P
08-08
5.3. Request by City of Elk River for Ordinance Amendment
Regarding Placement of Black Dirt, Public Hearing — Case
No. OA 08-06
6. OTHER BUSINESS
6.1. Establish Special Meeting Date for September Planning
Commission Meeting (Due to Special Election 9/9/08)
7. ADJOURNMENT
JB
JB
JB
ACTION
TAKEN
Commissioner
Anderson