5.2. SR 03-18-1996ITEM 5.2.
y of
'ver
TO:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
Scott Harlicker, Planning Assistan
March 18, 1996
SUBJECT:
Variance Request by Jim & Kathleen
Raivala, Public Hearing Case No.
V 96-1
Request
The applicant initially requested a ten foot front yard setback variance from the
required 30 foot front yard setback in order to construct a 22' X 16' detached
garage. After further review, it was determined that the applicant measured the
initial setback from the edge of the street not the property line. If measured from
the front property line, the proposed setback is 2 feet. The applicant will require
a 28 foot front yard setback variance instead of the ten foot variance initially
requested.
Location
18648 Simonet Drive, Lot 3, Best Point of Lake Orono
Zoning~Land Use
Rlc (Single Family Residential)/MR (Medium Density Residential)
Attachments
· Memo to Planning Commission, dated February 27, 1996
· Memo from Glenn Sundeen, Elk River Municipal Utilities
· Revised site plan and alternate site plan, dated March 12, 1996
· Sample letter that was signed by neighboring property owners
Background
Jim and Kathleen Raivala are requesting a front yard setback variance from the
required 30 foot front yard setback. The applicant is proposing to construct a 22'
X 16' detached garage approximately 2 feet from their front property line on
P.O. Box 490 · 13065 Orono Parkway · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Mayor and City Council/V 96-1 Page 2
March 18, 1996
Simonet drive. Best Point of Lake Orono is a 23 lot subdivision approved in
1955. The property is approximately .36 acres in size, about 211 feet deep, 75
feet wide and is similar to other properties in the subdivision. The applicant
currently has a 20' X 24' detached garage located on the south side of the lot in
front of the house.
The applicant has indicated that the variance is needed to allow for easier access
to the garage and to preserve the existing front yard. There is currently about
80 feet between the existing shed and the house. Complying with the 30 foot
setback requirement from the ROW would still allow for about 45 feet between
the proposed garage and the house.
The site is level with no topographic limitations affecting the placement of the
proposed second garage. There are also no physical or vegetative constraints
that would prohibit the applicant from complying with the 30 foot setback
requirement. There does not appear to be any special conditions unique to this
site that are not applicable to other properties in the area. The variance may
impact the aesthetics of the neighborhood; of the 23 lots in the subdivision, there
appears to be one property with a storage shed that violates the front yard
setback and possibly one garage that does. A review of our files did not indicate
that these structures were granted setback variances.
Elk River Utilities
The Elk River Municipal Utilities has expressed concern regarding the proximity
of the proposed garage to the existing overhead distribution line. The
distribution line is located about 12 feet from the existing storage shed. They
indicated that there should be a minimum of 15 feet between the distribution
line and the proposed garage. It was also noted that if the variance is granted,
the City should be given a recorded easement on the front 10 feet from the
property line in.
Planning Commission Recommendation
At its February 27, 1996 meeting, the Planning Commission concurred with staff
and found that this request does not meet the five standards required to grant a
variance. Therefore, the Planning Commission recommended denial of the 10
foot front yard setback variance. The applicant submitted letters signed by
neighboring property owners indicating that they are not opposed to the
granting of the variance.
Recommendation
s:Xplanning\scottXv96- lcc.doc
Memo to Mayor and City Council/V 96-1 Page 3
March 18, 1996
Staff and the Planning Commission recommend denial of the 10 foot front yard
setback variance based on the following findings:
Literal enforcement of the Ordinance will not cause undue hardship for
the applicant since they already have one garage and complying with
the 30 foot front yard setback will still allow for approximately 45 feet
between the house and the proposed second garage.
There are no special conditions such as topography, vegetation or
existing structures which are peculiar to this property.
o
Literal application of the Ordinance will not deprive the applicant of
property rights enjoyed by other properties in this neighborhood.
o
There are no special conditions or circumstances that are not a
consequence of the applicant's actions.
e
The granting of this variance would not be in keeping with the
character of the neighborhood or the spirit or intent of the Ordinance.
s:\planning\scottXv96- lcc.doc
ty of
ITi~I 7.1.
iver
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Planning Commission
Scott Harlicker, Planning Assistan~
February 27, 1996
Request by Jim and Kathleen Riavala for
Variance, Public Hearing Case No. V 96-1
Request
The applicant is requesting a ten foot front yard setback variance from the
required 30 foot front yard setback in order to construct a detached 22' X 16'
garage.
Location
18648 Simonet Drive, Elk River, MN., Lot 3 Best Point of Lake Orono
Zoning/Land Use
Rlc (Single Family Residential)/MR (Medium Density Residential)
Attachments
Location Map
Site Plan - proposed
Alternative Site Plan - complying with 30' setback
Letter from Applicant
Background
Jim and Kathleen Raivala are requesting a ten foot front yard setback variance
from Simonet Drive in order to construct a detached 22' X 16' detached garage.
Their property is located in Best Point of Lake Orono, which is a 23 lot
subdivision approved in May 1955. All of the lots in the subdivision are accessed
from Simonet Drive and have frontage on Lake Orono. The lots range in width
from about 57 feet to 100 feet and in depth from 120 feet to more than 400 feet.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to Planning Commission
Case No. V 96-1
February 27, 1996
Subject Site
Page 2
The property is .36 acres in size, about 211 feet deep and 75 feet wide. The site
has a house, a 20' X 24' detached garage and a small storage shed. The storage
shed is setback 23 feet from the front property line in the area where the
applicant is proposing to construct their second garage. Adjacent to the shed on
the east is a small one car parking area. There are several trees on the west side
of the storage shed. The site is level with no topographic limitations affecting
the placement of the proposed second garage.
Analysis
There does not appear to be any physical, topographic or vegetative constraints
that would prohibit the applicant from complying with the 30 foot setback
requirement. Locating the garage as proposed by the applicant would require
the removal of the only trees in that area of the front yard; placing the garage so
that it comphes with the setback requirement would allow the applicant to save
the existing trees on the west side of the storage shed. Those trees would provide
some screening between the garage and the road.
Staff refers the Planning Commission to Section 900.40 of the Elk River Code of
Ordinances for the standards to consider when reviewing a variance. Staff also
refers the Commission to the applicant's letter which outlines their reasoning for
this variance request.
It is not clear what undue hardship the applicant will face by complying with
the 30 foot setback requirement. Complying with the 30 foot setback will still
allow for about 70 feet between the house and the proposed garage and will
preserve the existing trees on that side of the front yard. There does not appear
to be any special conditions unique to this site that are not applicable to other
properties in the area. The variance will not be detrimental to the health, safety
and welfare of the neighborhood. However, the variance will impact the '
aesthetics of the neighborhood. Of the 23 lots on this cul-de-sac de sac, there
appears to be one property with a storage shed which violates the front yard
setback and possibly one garage that does. Both of these properties are not
adjacent to the applicant but are towards the other end of the cul-de-sac.
Recommendation
It is Staffs opinion that this request does not meet the five standards required to
grant a variance and, therefore, recommends denial of the 10 foot front yard
setback variance based on the following findings:
s:\planning\scott\v96-1.doc
Memo to Planning Commission Page 3
Case No. V 96-1
February 27, 1996
1. Literal enforcement of the Ordinance will not cause undue hardship for
the applicant since they already have one garage and complying with
the 30 foot front yard setback will still allow for 70 feet between the
house and the proposed second garage.
e
There are no special conditions such as topography, vegetation or
existing structures which are peculiar to this property.
J
Literal application of the Ordinance will not deprive the applicant of
property rights enjoyed by other properties in this neighborhood.
e
There are no special conditions or circumstances that are not a
consequence of the applicant's actions.
The granting of this variance would not be in keeping with the
character of the neighborhood or the spirit or intent of the Ordinance.
s:\planning\sc0tt\v96-1.d0c
ORONO
LOCATION
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ORONO
LOCATION
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13065 Oro?o ~arkway · P.O. Box 490 CASE: V 96 - 1 ~
--
ALTERNATE SIT~ PLAN
COMPLIES WITH 30 SETBACK
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18648 Simonet Drive
Elk River, MN 55330
January 12, 1996
To Whom It May Concern:
We would like to place an additional 16' X 22' garage on our lot in an area that we now have a
storage shed and a car port. Due to the fact that we have a narrow lot and a small front yard area,
we are respectfully requesting a variance in the city code so that we may place the new garage closer
to the street than the existing city code allows. This would enable us to have both more storage and
not block the existing kitchen window.
We feel that this would in no way decrease the value of any of the existing properties around us. If
anything it would improve the area by getting rid of an old rusty storage shed and enable my son to
park his car out of view. Also, in our neighborhood there are many garages and storage sheds closer
to the street than 30 feet. If you have any questions or concerns, please feel free to contact me
weekdays at (612) 339-0517 or evenings and weekends at (612) 441-7429. Your consideration in
this matter is greatly appreciated.
Sincerely,
Kathleen S. Raivala
TO THE CITY OF ELK RIVER:
My neighbor's, Jimmy & Kathleen Raivala, residing at 18648 Simonet Drive, have come and asked
how I feel about allowing them to place a garage 20 feet from the street. They now have an existing
shed and a ear port in the same location where they wish to place the new garage. I fully understand
their desire to have the garage closer to the street and leave a bigger area between their house and
the new structure. Therefore, I have no problem with the City of Elk River granting them their
variance.
Signature
To: Steve Ach
RE: Variance request at 18648 Simonet Drive
I have received a site sketch associated with the variance
request. The site sketch does not disclose the location of Elk River
Municipal Utilities (ERMU) overhead distribution line relative to the
proposed garage. With not knowing the actual location of the line
relative to the building ERMU cannot comment on the safety issues
involved in this request. It has been our practice to ask for a
minimum of 15' distance between all distribution lines and buildings.
Please have the applicant provide a drawing which discloses the
present location of the front property line and the distribution power
lines.
Should the applicant proceed it would be recommended that ERMU or
the City be given a recorded easement on the front 10', from the
property line in.
Glenn Sundeen
Line Superintendent, ERMU
....... '.i' :~-~POsED LOCATION
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.~'i~~~RNATE SITE PLAN
~LiEs WITH 30' SETBACK
TO THE CITY OF ELK RIVER:
My neighbor's, Jimmy & Kathleen Raivala, residing at 18648 Simonet Drive, have come and asked
how I feel about allowing them to place a garage 20 feet fi.om the street. They now have an existing
shed and a car port in the same location where they wish to place the new garage. I fully understand
their desire to have the garage closer to the street and leave a bigger area between their house and
the new structure. Therefore, I have no problem with the City of Elk River granting them their
variance.
Address
Telephone