7.4. SR 05-20-1996ky of
ITEM 7.4.
ver
MEMORANDUM
TO:
FROM:
DATE:
Mayor and City Council
Kendra Lindahl, Zoning Assistant~~
May 20, 1996
SUBJECT: Variance Request by Stephen Rohlf,
Public Hearing Case No. V 96-03
Request
Mr. Rohlf is requesting a 5 foot variance on the required 10 foot side yard
setback and a 2 foot variance on the required 30 foot front yard setback. The
variance is requested in order to expand the existing deck.
Location
12821 - 188th Avenue NW, Elk River, MN. Lot 7, Block 9, Westwood
Subdivision.
Zoning~and Use
R-lc (Single Family Residential)/MR (Medium Density Residential)
Attachments
· Memo to Planning Commission dated April 23, 1996
Background
In 1991, Mr. Rohlf received a 5 foot variance on the side yard setbacks in
order to build a 12' x 18' three season porch and deck on his property (V 91-
07). The applicant is now proposing to add an 8' x 9' addition to the existing
deck. This addition will require him to encroach 5 feet into the side yard
setback and 2 feet into the front yard setback.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the City Council Page 2
May 20, 1996
When the home was built the neighborhood had a 5 foot side yard setback.
After the home was built the side yard setback was increased to 10 feet. The
addition will not have a significant impact on the side yard setback, as the
existing deck is already at a 5 foot (not 10 foot) setback.
This variance request is a result of a special condition of the land. There is
an underground stream running through the property which required that
the home crowd the west lot line. Many of the other homes in this
neighborhood were built with a 5 foot side yard setback; therefore, this
request will not adversely affect other residents in the area.
The request to encroach 2 foot into the front yard setback will not adversely
affect the appearance of the neighborhood either. The applicant believes that
this additional 2 feet will allow him a usable deck area without cutting down
the 30" tree in the front yard. The tree will be made a part of the deck
expansion. Mr. Rohlf also believes this extra 2 feet will allow him to see his
children in the play area on the opposite side of the house.
In 1995, the City Council approved front yard variances of 8 feet (V 95-1), 8
feet (V 95-4), 25 feet (V 95-5), and 5 feet (V 95-10). In at least two of those
cases, saving mature trees was cited as one reason for granting the variance.
Staff believes that saving the mature tree is significant reason for granting
the 2 foot front yard variance.
Planning Commission Recommendation
At the April 23, 1996, Planning Commission meeting, the Planning
Commission recommended approval of the variance request. There was
unanimous approval for the 5 foot side yard setback; however, there was
some discussion of the 28 foot front yard setback.
Not all planning commissioners were convinced that a hardship existed
which necessitated the front yard setback variance. The Planning
Commission finally recommended approval of the 28 foot front yard setback
based on the fact that that 2 foot variance will save a tree of significant size.
Recommendation
Staff and the Planning Commission believe this request meets the five
conditions required for a variance. We recommend that the City Council
approve this variance to allow a 5 foot side yard setback and a 28 foot front
yard setback for the purpose of expanding the existing deck.
s:\planning\kendra\v96-03.doc
'"~ity of
River
ITEM 5.4.
MEMORANDUM
TO:
FROM:
DATE:
Commission
Planning t~
Kendra Lindahl, Zoning Assistan
April 23, 1996
SUBJECT: Variance Request by Stephen Rohlf,
Public Hearing Case No. V 96-03
Request
Mr. Rob]lis requesting a 5 foot variance on the required 10 foot side yard
setback and a 2 foot variance on the required 30 foot front yard setback. The
variance is requested in order to expand the existing deck.
Location
12821 - 188th Avenue NW, Elk River, MN. Lot 7, Block 9, Westwood
Subdivision.
Zoning/Land Use
R-lc (Single Fsmily Residential)/MR (Medium Density Residential)
Attachments
· Location Map
· Letter from applicant
· Site Maps
Background
In 1991, Mr. Rohlf received a 5 foot variance on the side yard setbacks in
order to build a 12' x 18' three season porch and deck on his property (V 91-
07). The applicant is now proposing to add an 8' x 9' addition to the existing
deck. This addition will require him to encroach 5 feet into the side yard
setback and 2 feet into the front yard setback.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425
Memo to the Planning Commission
April 23, 1996
Page 2
When the home was built the neighborhood had a 5 foot side yard setback.
After the home was built the side yard setback was increased to 10 feet. The
addition will not have a significant impact on the side yard setback, as the
existing deck is already at a 5 foot (not 10 foot) setback.
The request to encroach 2 foot into the front yard setback will not adversely
affect the appearance of the neighborhood. The variance is requested is to
allow the applicant to see his children in the play area on the opposite side of
the house. The applicant also believes that this additional 2 feet will allow
him a usable deck area without cutting down the tree in the front yard. The
tree will be made a part of the deck expansion.
This variance request is a result of a special condition of the land. There is
an underground stream running through the property which required that
the home crowd the west lot line. Many of the other homes in this
neighborhood were built with a 5 foot side yard setback; therefore, this
request will not adversely sffect other residents in the area.
Variance
A variance may be granted only if it meets the following five conditions:
1. Literal enforcement of the ordinance will cause undue hardship
2. The hardship caused by special conditions and circumstances which are
peculiar to the land and structure involved and which are not
characteristic of, or applicable to, other lands or structures in the same
district.
3. 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.
4. The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction.
5. The variance will not be injurious to or adversely affect the health, safety
or welfare of the residents of the City or the neighborhood wherein the
property is situated and will be in keeping with the spirit and intent of
the ordinance.
Recommendation
Staff believes this request meets the five conditions required for a variance
and recommends that the Planning Commission approve this variance to
allow a 5 foot side yard setback and a 28 foot front yard setback for the
purpose of expanding the existing deck.
s:\plannin gkkendra\v96-O3.doc
CI'D'
PARK
lg3RD AV~.NU!
NO. I
City of
LOCATION
MAP
13065 Orono Parkway · P.O. BOXElk River, MN 55330 490 CASE: V 96-03
N
VARIANCE REQUEST
STEPHEN ROHLF
3/96
I am requesting a 5 foot encroachment on the 10 foot side yard and a 2 foot
encroachment on the 30 front yard setbacks required in the R-lc zone to
accommodate an enlargement of my deck
The following are my rationale for why I feel I meet the 5 standards for
granting a variance:
i. HARDSHIP
Currently I have a 6 ft. x 12 ft. deck (more like a balcony). The usable
area is actually less than 6ft. x 9ft. because of the railing and the
stairs cutting into this space. I am requesting a variance in general to
make the deck a usable size; something which almost every home
takes advantage of. However, the 2ft. encroachment into the required
front yard is to specifically to gain visibility of a proposed play area for
my children.
Because of the size and physical restrictions of my lot I am hmited to
where I can provide a play area for my very small children. The only
yard that can accommodate a play area is on the side next to the
garage where we have no windows. While this play area will be
fenced, those of you who are parents will appreciate having an
advantage point to watch your kids.
Encroaching this small amount into the front yard will also allow me
to make my deck a usable size without having to destroy the 30" tree
shown on the attached drawing.
ii. SPECIAL CONDITIONS
The physical characteristics of my lot dictated the design and location
of my house. First of all, my lot is only 75ft. wide, not the typical
minimum of 100ft. required for corner lots in the R-lc zone. My
neighborhood (Westwood Subdivision) was platted in the 1950s.
Further, there is an under ground steam running through my lot in the
approximate location shown on the attached site plan. To avoid water
problems I redesign my house. I made it into a spht so it did not have
to be place very deep into the ground, I reversed the house and the
garage to get the house as far away from this stream as possible and
moved the house to the west as far as possible.
With my type of house design a deck is required to be on the side of the
house opposite the garage, the side I had to crowd to avoid the stream.
iii. DEPRIVED RIGHTS
Westwood Subdivision is an older plat. Almost all of the houses in the
subdivision were built when the side yard setback was 5 ft.. This
setback changed after I built my house. If properly thought through
when the house was built, I would guess every other lot in the
neighborhood could have an usable sized deck. Because of the stream
my lot does not accommodate a decent size deck, house and still meet
current setbacks.
iv. PETITIONER'S ACTION OR INACTION
When I built my house in 1985 the side yard setback in the R-lc zone
was 5ft.; it was changed to 10ft. in 1988. My house was properly
designed to accommodate the deck I am proposing under the setbacks
at the time.
v. ADVERSE AFFECTS
The proposed deck being 5ft. from the property line will look like every
other deck in the neighborhood, which are 5ft. from their side lot line.
The 2 ft. encroachment in the front yard will not be distinguishable
from a structure setback the full distance.
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LOCATION MAP &: DETAILS
'qty of
E
TO:
FROM:
DATE:
MEMORANDUM
Mayor and City Council
Kendra Lindahl, Zoning Assistant~,'
May 20, 1996
SUBJECT: Findings for V 96-03
Staff and the Planning Commission believe this request meets the five
conditions required for a variance. We recommend that the City Council
approve this variance to allow a 5 foot side yard setback and a 28 foot front
yard setback, based on the following findings:
Enforcement of the ordinance would cause undo hardship because of
the fact that the existing 30 foot front yard setback would not allow the
applicant to build a usable deck area and still save the mature tree in
the front yard.
o
The hardship is caused by the existence of an underground stream
running through the property and requiring the home to crowd the
western lot line. When the home was built and plans were made for a
twelve foot deck on the west side, the side yard setback was 5 feet.
Additionally, hardship is caused by the potential loss of a mature tree
in the front yard.
Literal application will deprive the applicant of rights enjoyed by the
other homes in the neighborhood which were completed with 5 foot
side yard setbacks.
The special conditions and circumstances are not a result of the
apphcants action or inaction. The underground stream required that
the house crowd the western property line, and the side yard setbacks
were 5 feet at the time of construction. Furthermore, in order to
incorporate the mature tree into the deck design, the applicant must
encroach two feet into the front yard setback.
The variance will not be detrimental to the health, safety and welfare
of the neighborhood, and is in keeping with the spirit and intent of the
ordinance.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425