4.1. BA AGENDA 11-10-2009REQUEST FOR ACTION
To Item Number
Board of Adjustments 4.1
Agenda Section Meeting Date Prepared by
Plannin Items November 11, 2009 Chris Leeseber ,Park Planner-Planner
Item Description Reviewed by
Request by Jean Corrow, 1721 5`~ Street, for setback variance to
allow overhang construction on existing home, Reviewed by
Public Hearing -Case No. V 09-08
Action Requested
Staff recommends that the Board of Adjustments approve the Variance request, as illustrated on drawings
dated 10/20/09, for the following reason:
1. All five criteria for granting a variance are met.
and with the following condition:
1. No portion of the roof/porch addition shall extend more than three (3) feet into the
required front yard setback.
Background/Discussion
The applicant submitted a building permit to add a fiv- foot roof and porch on the front of their home.
They were notified that the proposed addition was encroaching into the front yard setback. They then
applied for the variance.
Attachments
Location Map
• Applicant's Narrative
• Site Plans
• Plans
• Setback Section Exhibit
General Information
Applicant Jean Corrow
60 Day Rule The application has been deemed complete as of November 5,
2009. The City must take action by December 26, 2009
Requested Action Front Yard Variance
Location and Size 1721 5`~ Street -Approximately .23 acres
Case File: V 09-08
Page 2
Variance
Jean Corrow
Location Existing Use Land Use Plan Designation Current Zoning
Subject
Property Single Family Urban Residential R1c
North Single Family Urban Residential R2b
South Lake Lake Lake
East Single Family Urban Residential R1c
West Single Family Urban Residential R1 c
Overview
The applicant is proposing adding afive-foot roof and porch on the front of their home. The
reasons for the addition are safety and aesthetics. They would like the front walk/approach to be
protected from the weather and ice build up on the walk. The current design of the house has little
to no roof overhangs. They also want to improve the curb appeal of the house. They were notified
that the proposed addition was encroaching into the front yard setback.
The house is set back approximately 32 feet from the front property line. The required setback is 30
feet. With the proposed five-foot addition of the roof and porch, they would be encroaching into
the setback approximately 3 feet overall. Section 30-795 indicates:
The following items may project into the required front, .ride, and rearyard setback,.r as speczfied.•
a. Frontyard.
7. Cantilevered bay windows (including eave overhan~, balconies, eaveeave overhanns and cantilevered chimney chases
(without foundations) ma~.pro ecl t two, eet or less into the required setback.
2. Egress window wells (including the strzrcture of the well) may pr ject four feet or less into the required setback.
3. An uncovered landinn. stair, ramp or stoop may extend into the rewired setback a maximum distance of six feet,
if the landing, stair, ramp or stoop has a floor no higher than the entrance floor of the building.
If the applicant was not putting the roof over the porch, they would not need a variance, as the
porch/landing could extend into the required setback up to six feet. If they only did the five-foot
roof/eave overhang, which is three feet over the setback line, only one foot of it would require a
variance as eave overhangs may project two feet into the setback.
The proposed addition does not affect the character of the neighborhood and will not be closer to
the street than others in the area; in fact, the neighboring homes appear to encroach well within the
setback requirements.
The recent policy of the City Council is that not all five criteria have to be met in order to grant a
variance.
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Case File: V 09-08 Variance
Page 3 Jean Coxrow
Tlariance Criteria
7. Literal el~orcement of the ordinance will cause undue hardship.
The literal enforcement would cause undue hardship, as the applicant would be deprived of
architectural elements that other homes in the area are allowed. Also, it could be a safety
concern with inclement weather.
2. TI~e har-drhip is caused by special conditions and circumstances, which are peculiar to the property and the
structure involved and which are raot characteristic of, o~°Tp~lical~le to, other lands or strzrcture in the same area.
The homes in this area are older; at the time of their construction the setback requirements may
have been less restrictive, resulting in homes closer to, if not encroaching into the setbacks.
3. The special conditions and circumstances are not a conseauenee of the petitioner's own action or inaction.
The applicant purchased the home after it was built and the conditions and circumstances are
not a consequence of the petitioner's own action or inaction.
4. The literal application o the~rovisiorzs o~this ordinance would deprive the~ietitioner o~rights erzZoyed 6v other
properties in the same district under the terms of this ordinance.
The applicant would be deprived of architectural elements that other homes in the area are
allowed.
5. The varzance will not be injurious to or adverse a,~`ect the health, sa~e~ or we~are o~the residents o the cil y or
the neighborhood where the property is located and will be in keeling rvith .r~irit and intent of the ordinance.
The variance will not be injurious to or adversely affect the health, safety or welfare of the
residents of the city or the neighborhood.
Action Motion b5~ Second by Vote
FOllow Up
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Jean Corrow
1721 5th St
Elk River, MN 55330
763 274 -0699
October 21, 2009
Scope of Project: To add a 5' overhang on the north side of the above residence.
The project will include 2x6 construction, 4-12" concrete footings, 4x4 posts to
support overhang.
1. It is my understanding that only a portion of the proposed overhang is in
question. The house does not have any overhang and that has created a safety
issue with ice and snow buildup near the entrances. It has always been a
problem keeping rain, snow and ice off of steps, sidewalk and anyone entering
the home. An overhang would provide weather protection and will direct water
and snow away from the foundation.
2. There are neighboring homes and garages on 5th street are built inside of this
set back limit. Presently there are at least two structures that are well within 20
feet of the roadway.
3. I purchased the home in 1999 in its present condition. The placement of the
home was approved in 1950 and there was not an option to avoid this current set
back issue.
4. The majority of existing homes in the city of Elk River have some type of
overhang to protect against weather conditions. It would improve the conditions
and guard against potential injury caused by ice and snow. Furthermore, this 5
foot overhang would not protrude farther than existing neighboring structures.
5. This project would create a safer environment for homeowner and guests.
This construction is complimentary to the home and existing neighborhood home
styles. The update style will beautify the home and city.
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