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8.6. SR 08-19-19962ity of ITEM 8.6. 'vel- MEMORANDUM TO: FROM: DATE: Mayor and City Council Lindahl, Zoning Assistant~~(~ Kendra August 19, 1996 SUBJECT: Variance Request by Jerry Kunza, Public Hearing Case No. V 96-08 Request The applicant is requesting a variance to encroach on both the front and the side yard setback requirements, as well a 20 square foot variance to the maximum allowable accessory structure area. Location 10313 Twin Lakes Road NW, Elk River, MN 55330 PID #75-125-2300 Attachments Memo to Planning Commission dated July 23, 1996 Background The applicant is requesting a 25 foot variance from the required 35 foot front yard setback and a 10 foot variance from the required 20 foot side yard setback. The proposed pole building will be 10 feet from both the front and side lot lines. The front property line is located off of a private driveway which serves only one residence and a farm field north of the applicant. The applicant is proposing to build a 1,620 square foot storage building on the property. The applicant currently has a 240 square foot yard barn, and a 660 square foot attached garage on the property. With the addition of this pole barn, the applicant will have 2,520 square feet of accessory structure area. Properties in this zoning district are allowed a maximum accessory structure area based on the parcel size: 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Mayor and City Council Page 2 August 19, 1996 · I acre to 2.5 acres are allowed 2,500 square feet of accessory structure area. · >2.5 acres to 5.0 acres are allowed 3,000 square feet of accessory structure area. This parcel is 2.5 acres and is allowed 2,500 square feet of accessory structure area. The applicant has proposed 2,520 square feet of accessory structure area. This is 20 square feet more than is allowed by the newly amended ordinance. Under the old ordinance, the applicant would only have been allowed 2,000 square feet of accessory structure area. Therefore, in staffs opinion, there is no hardship in limiting the applicant to 2,500 square feet of accessory structure area. The applicant will need to reduce the size of the proposed pole barn by at least 20 square feet. The applicant is limited as to where the storage building may be placed because the land drops off to the west of the existing yard barn, and would require a significant amount of fill in order to create a suitable building site. The drain field is located in the only fiat part of the property. Requiring the pole building to meet the required setbacks will result in the loss of one or two mature trees, as well as a significant amount of fill. In the past, the Planning Commission and City Council have used tree preservation as a finding in granting a variance. The yard barn is located in the proposed location of the new storage shed, and will be moved to the rear of the property near the garden. Recommendation Staff and the Planning Commission recommend approval of the variance request to allow a 10 foot front yard setback and a 10 foot side yard setback, and denial of the variance request to exceed the maximum accessory structure area by 20 square feet, based on the following findings and conditions: Findings 1) The literal enforcement of the ordinance setback requirements would cause undue hardship because the applicant would not be able to meet setbacks for the pole building without adding a significant amount of fill or cutting down mature oak trees. 2) That the hardship caused by the topography of the site, which makes it difficult to contract a building at the setback line, due to the drop-off, which would require extensive fill and the loss of several mature trees. s:\planning\kendra\v96-08.doc Memo to the Mayor and City Council August 19, 1996 Page 3 3) That the special conditions and circumstances are not a consequence of the petitioner's own action or inaction, but rather a result of the topography of the site. 4) That 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. Conditions 1. That the proposed pole barn does not exceed 1,600 square feet, in order to comply with the maximum accessory structure area allowed in this zoning district. 2. The proposed pole barn will be moved as far south as possible without requiring cutting down the mature trees located on the property. 3. The existing yard barn and dog kennel will be moved to the rear of the property and both will be required to meet all setbacks. s:kplanning\kendra\v96-08.doc ity of ver ITEM 5.1. MEMORANDUM Planning Commission Kendra Lindahl, Zoning Ass~stan '~ July 23, 1996 TO: FROM: DATE: SUBJECT: Variance Request by Jerry Kunza, Public Hearing Case No. V 96-08 Request The apphcant is requesting a variance to encroach on both the front and the side yard setback requirements. Location 10313 Twin Lakes Road NW, Elk River, MN 55330 PID #75-125-2300 Zoning/Land Use R-la (single family residential)/LR (Low Density Residential) Attachments · Location Map · Site Plan · Letter from Applicant Background The apphcant is requesting a 25 foot variance from the required 35 foot front yard setback and a 10 foot variance from the required 20 foot side yard setback. The proposed pole building will be 10 feet from both the front and side lot lines. The front property hne is located off of a private driveway which serves only one residence and a farm field north of the applicant. The applicant is limited as to where the storage building may be placed because the land drops off to the west of the existing yard barn, and would require a significant amount of full in order to create a suitable building site. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425 Memo to the Planning Commission Page 2 July 23, 1996 The drain field is located in the only flat part of the property. Requiring the pole building to meet the required setbacks will result in the loss of one or two mature trees, as well as a significant amount of fill. In the past, the Planning Commission and City Council have used tree preservation as a finding in granting a variance. The apphcant is proposing to build a 1,620 square foot storage building on the property. The apphcant currently has a 240 square foot yard barn, and a 660 square foot attached garage on the property. With the addition of this pole barn, the applicant will have 2,520 square feet of accessory structure area. Properties in this zoning district are allowed a maximum accessory structure area based on the parcel size: · 1 acre to 2.5 acres are allowed 2,500 square feet of accessory structure area. · · >2.5 acres to 5.0 acres are allowed 3,000 square feet of accessory structure area. This parcel is 2.5 acres and is allowed 2,500 square feet of accessory structure area. The applicant has proposed 2,520 square feet of accessory structure area. This is 20 square feet more than is allowed by ordinance. The applicant will need to reduce the size of the proposed pole barn by at least 20 square feet. The yard barn is located in the proposed location of the new storage shed, and will be moved to the rear of the property near the garden. Variance This property is subject to the normal standards found in section 900.40 of the Elk River Ordinance which states that a variance may only be granted if it meets the five conditions outlined. Recommendation Staff recommends approval of the variance request to allow a 10 foot front yard setback and a 10 foot side yard setback, based on the following findings and conditions: Findings 1) The literal enforcement of the ordinance would cause undue hardship because the apphcant would not be able to meet setbacks for the pole building without adding a significant amount of fill or cutting down mature oak trees. s:\planning\kendra\v96-O8.doc Memo to the Planning Commission Page 3 July 23, 1996 2) That the hardship caused by the topography of the site, which makes it difficult to contract a building at the setback line, due to the drop-off, which would require extensive fill and the loss of several mature trees. 3) That the special conditions and circumstances are not a consequence of the petitioner's own action or inaction, but rather a result of the topography of the site. 4) That 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. Conditions 1. That the proposed pole barn does not exceed 1,600 square feet, in order to comply with the maximum accessory structure area allowed in this zoning district. 2. The proposed pole barn will be moved as far south as possible without requiring cutting down the mature trees located on the property. 3. The existing yard barn and dog kennel will be moved to the rear of the property and both will be required to meet all setbacks. s:Xplanning\kendra\v96-08.doc PUD J k~ LOCATION J13065 ElkRiver, ~ 5~'33'0 V 96-08 SITE PLAN -2' 35 -7' PROPn~E::9 I1UILI)ING 45~ ~ G2,-3~ 1~ Il' ~~ I)RAIN FIELg TREES .1]RIVE~/AY ~ PROPERTY LINE 15 38' HOUSE 70" -1' -5' 30'-6.5'