8.1. SR 07-17-1995ITEM 8.1
of
MEMORANDUM
Rover TO: Mayor & City Council
FROM: Gary Schmitz, Planning Assistant ~~/
DATE: July 17, 1995
Request
SUBJECT: Variance request by Dennis and Arlene
Mootz, Public Hearing Case #V95-4.
The applicant is requesting an eight-foot front yard setback variance from
the required 50-foot setback from County Road 33 right-of--way, to
accommodate a detached 14'x 20' garage.
Location
10213 209th Avenue NW, Elk .River, MN. The east 400' of the SW 1/4 of the
NW 1/4 of Section 13, Township 33, Range 26.
• Zonin~'/Land Use
A-1 (Agricultural Conservation) / OS (Open Space).
Attachments
June 27, 1995, memo to the Planning Commission.
Background
Dennis and Arlene Mootz are requesting an eight-foot front yard setback
variance from 209th Avenue (County Road 33) in order to construct a
detached 14' x 20' (280 square foot) garage. The subject site is
approximately 12 acres in size, however, the majority of the parcel is on the
back side of a very steep drop off. The parcel is zoned agricultural which
requires a 50' front yard setback. Due to the lay of the land and the number
of large mature trees, the applicant is proposing to construct the garage 42'
from the front property line, in an area where no mature trees would have to
be removed. The attached June 27, 1995, memo to the Planning Commission
explains this request in detail.
•
S:/Council/V95-4
13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425
Memo To City Council
July 17, 1995
• Planning Commission Meeting
Page 2
At the June 27, 1995, Planning Commission Meeting, the commission
concurred with staff's findings and recommended approval of the variance.
Recommendation
Staff and the Planning Commission recommend approval of the eight-foot
front yard setback variance from County Road 33 based on the following
findings:
1) Literal enforcement of the ordinance would cause undue hardship by
the fact that applying the existing 50' setback standard would require
the loss of several mature oak trees, or the placement of the garage in
an inconvenient area on the rear of the parcel away from the existing
home.
2) Hardship is caused by the topography of the site, which makes it
difficult to construct a garage at the setback line due to the drop off,
which would necessitate the need for extensive fill and the loss of
• .several mature oak trees.
3) 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.
•
S:/Council/V95-4
r ~~
ity of ,~~~
Ik
River
Reau.est
ZTEM 5.1.
MEMORANDUM
TO: Planning Commission
FROM: Gary Schmitz, Planning Assistant
DATE: June 27, 1995
rOpb
SUBJECT: Variance Request by Dennis and Arlene
Mootz, Public Hearing Case No. V 95-4
The applicant is requesting an eight foot front yard setback variance from the
required 50 foot setback from County Road 33 right-of--way to accommodate a
detached 14'x 20' garage.
Location
• 10213 209th Avenue NW, Elk River, MN. The east 400' of the SWl/4 of the
NW1/4 of Section 13, Township 33, Range 26.
Zonin~/Land Use
A-l (_Agricultural Conservation) / OS (Open Space)
Attachments
• Location Map
Zoning Map
• .Site Plan
• Letter from Applicant
• Transportation Plan
Background
Dennis and Arlene Mootz are requesting an eight foot front yard setback
variance from 209th Avenue (County Road 33) in order to construct a
detached 14' x 20' (280 square foot) garage. The subject site is
• approximately 12 acres in size, however, the majority of the parcel is on the
back side of a vezy steep drop off. The parcel is zoned agricultural which
1 X065 Orono Parkv.~a~• • P.O. Boa 4~0 ~ Elk River. MN ~53~0 • (_612) 441-7420 • Faa: (6I2) 44I-742
Memo to Planning Commission Page 2
June 27, 1995
• requires a 50' front yard setback. Due to the lay of the land and the number
of large mature trees, the applicant is proposing to construct the garage 42'
from the front property line in an area where no mature trees would have to
be removed.
Subiect Site
The existing site has several large mature trees located throughout the
property. The southernmost area which is approximately l acre in size
contains the home and attached 2-car garage, garden, and one additional
small accessory building. The property drops off very quickly north of the
home with the sloping area consisting of hardwoods which extends down to a
wetland area in the northern half of the parcel. V~%ith the topographs~ _
constraints involved, the applicant only has approximately 1 acre of land to
conveniently locate the garage; therefore, the twelve acre lot size maybe
somewhat misleading. The proposed placement of the garage on the property
takes advantage of an existing small opening where no trees would be lost
due to the placement of the .garage. This one acre area is heavily wooded
with a small opening extending to County Road 33 near the front of the home
which extends to County Road 33 and a small garden area near County Road
33.
• There does appear to be an alternative location on the property to locate the
garage without removing trees which would meet the required 50 foot
setback. However, the location would be directly in front of the applicant's
home and would block their view to County Road 33. Therefore, there does
not appear to be a convenient location that would meet setbacks and not
involve the removal of several trees.
County Road. 33
County Road 33 is currently atwo-lane county road which has 66 feet of
right-of--way in front of the applicant's home. It should be noted that County
Road 33 does have the potential to be upgraded in the future with a widened
right-of--way of 100 feet (17 feet on either side of the existing right-of--way}.
Therefore, if County Road 33 is upgraded and widened, the proposed garage
could be potentially located only 25 feet from the right-of-way. It should also
be mentioned that the proposed transportation section of the Growth
Management Plan shows that County Road 33 may take a different
alignment av~Tay from the applicants home .and connect with County Road 31
to the east. Please see the attached transportation plan for the potential
realignment of County Road 33. If County Road 33 is realigned as proposed
• in the transportation plan, the road in front of the applicant's home would no
longer function as a county road and would most likely be turned over to the
s:planning:pc:v95-4
Memo to Planning Com.,._ssion 1 Page 3
June 27, 1995
city and be maintained as a city street. If this portion of County Road 33 is
• turned over to the city, it would most likely not need to be upgraded in terms
of width, therefore, the proposed 42' setback would be adequate.
Analysis
Staff refers the Planning Commission to Section 900.40 in the Elk River City
Code of Ordinances for the five standards to consider when reviewing a
variance. Staff also refers the Commission to the applicant's letter
addressing the issues and five standards. Staff feels that there are adequate
findings to grant the eight foot front yard setback variance. The applicant
and staff discussed different options. for the detached garage which would not
need a variance. However, as noted in the applicant's letter and the memo to
the Planning Commission, these locations did not work for a variety of
reasons, namely that several existing mature trees would be lost and because
of the topography constraints due to the severe drop off immediately north of
the applicant's home.
Recommendation
Staff recommends approval of the eight foot front yard setback variance from
County Road 33 based on the following findings:
• 1) Literal enforcement of the ordinance would cause undo
e hardship by
the fact that applying the existing 50' setback standard would require
the loss of several mature oak trees or the placement of the garage in
an inconvenient area on the rear of the parcel away from the existing
home.
2) Hardship is caused by the topography of the site which makes it
difficult to construct a garage at the setback line due to the drop off
which would necessitate the need for extensive fill and the loss of
several mature oak trees.
__ .
3) 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.
•
s:planning:pc:v95-4
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