6.11. SR 05-21-2001~ity ~
Item #
6.11.
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Scott Harlicker, Senior Planner "~-~~
May 2 I, 2001
Case No. V 0 I-0 I
Request by Moldenhauer Custom Homes for Variance
Attached is the February 20, 2001 staff report on Moldenhauer Custom Homes request
for a variance to the 30 foot maximum driveway width. The Council, at the February
20~ meeting, tabled action on this item until this month in order to see what the
driveway looks like. Also attached are the minutes from the February 20~ meeting.
RAver
130~;50rono Parkway
Elk River, MN
FROM:
DATE:
SUBJECT:
MEMORANDUM
Mayor and City Council I I .~-'
er~
Scott Harlicker, Senior Plann
~-~*
February 20, 2001
Case No. V 01-01
Request by Moldenhauer Custom Homes for Variance
Request
Consider a variance request by Moldenhauer Custom Homes for a variance to
the maximum driveway width of 30 feet at the front property line.
Location
17833 Concord Ct., Lot 13, Block 3, Mississippi Oaks 2nd Addition
Zoning/Land Use
Rld (Single Family Residential)/MR (Medium Density Residential)
Attachments
· Location map
Survey of property
· Letter from applicant
Overview
The applicant is requesting an 8 foot variance to the maximum 30 foot driveway
width in order to allow a 38 foot wide driveway. The approved survey of the
property showed a drive that measured 30 feet wide at the property line.
However, the applicant, at the request of the future homeowner, installed a
driveway that is 38 feet wide, exceeding the 30 foot maximum width.
Phone: 763.441.7420
Fax: 763.44k7425
www. ci.elk-river, mn.us
Memo to Mayor and City Council/V 01-01
February 20, 2001
Page 2
Variance
Staff refers the Board to Section 900.40 of the City of Elk River Code of
Ordinances for the five standards to consider when reviewing a variance. A
variance may be granted only if it meets the following five conditions:
1. Literal enforcement of the ordinance will cause undue hardship.
The hardship is caused by special conditions and circumstances which
are peculiar to the property and the structure involved and which are not
characteristic of, or applicable to, other lands or structure in the same
area.
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.
The special conditions and circumstances are not a consequence of the
petitioner's own action or inaction.
The variance will not be injurious to or adversely affect the health, safety
or welfare of the residents of the City or the neighborhood where the
property is located and will in keeping with spirit and intent of the
ordinance.
The applicant has not provided any documentation showing how the literal
enforcement of the ordinance will cause undue hardship.
There are no special conditions and circumstances which are peculiar to the
property and the structure involved that would justify the granting of the variance.
The shape and size of the lot, and the location of the house on the property are
very similar to other houses in the development.
The literal application of the provisions of this ordinance would not deprive the
petitioner of rights enjoyed by other properties in the same district under the
terms of this ordinance. All the other residences have driveways that comply with
the ordinance.
The need for this variance is solely the consequence of the petitioner's action.
The applicant has been building in Elk River for many years and should be aware
of the driveway width requirements. Furthermore, the approved survey showed a
driveway that complied with the maximum driveway width.
The variance would be detrimental to the neighborhood in that over 1/3 of the
front yard width would be paved, which is exactly why the maximum driveway
width was adopted.
S:\PLAN NING\SCOTI'~V0101 CC.DOC
Memo to Mayor and City Council/V 01-01
February 20, 2001
Page 3
Board of Adjustment Meeting
At the Board of Adjustment meeting held on January 23rd, no one spoke at the
public hearing. The applicant went through the attached letter explaining why he
needed the variance. The Board felt that the driveway was attractive but found
that he did not meet the 5 criteria needed to grant the variance. The Board was
concerned with equal application of the criteria and did not want to use the cost
of the house as justification for granting the variance.
Recommendation
The Board of Adjustment and staff recommend that the City Council deny this
request for a variance to the maximum driveway width based on the following
findings:
1. Literal enforcement of the ordinance will not cause undue hardship.
There is no hardship nor are there any special conditions and
circumstances which are peculiar to the property and the structure
involved and which are not characteristic of, or applicable to, other lands
or structure in the same area.
The literal application of the provisions of this ordinance would not deprive
the petitioner of rights enjoyed by other properties in the same district
under the terms of this ordinance.
Thero aro no special conditions and circumstances. The need for this
variance is solely a consequence of the petitioner's own action.
The variance would be detrimental to the neighborhood in that over 1/3 of
the front yard width would be paved, which is exactly why the maximum
driveway width was adopted. The variance is not in keeping with spirit and
intent of the ordinance.
S:\PLANNING\SCOTT~V0101CC.DOC
\
ORONO ' O
O~Ono
LOCATION
MAP
13065 Orono Parkway- P.O. Box 490 CASE:
Elk River, MN 55330
V01.01
Hardship
1. The hometnvner wanted a curbed concrete three stall driveway that went straight
down from the structur~ The homeowner has a total of 4 drivers in the family, so
blocking cars would create a problem for those that live there. During the summer
months the homeowner will have many guests who will need parking space. He is the
owner of the Gasthof Zur Gemuetlichkeit, a German restaurant in North Minneapolis.
He has many friends and has plans to entertain them so he needs all the additional
parking he can get.
2. This house is over $600,000. O0 in value, twice the value of any other house in the
area. This driveway cost $10,000. O0 dollars to build It seems reasonable that this is a
one of a kind structur~
3. Not an issue
4.1have to throw myself to your mercy because I was not aware of the 30foot
ordinance. The driveway is in place at this time and I must say it does enhance the
house built there and should help to increase the value of other houses in the
neighborhood
5. The lot that the house is on is 100.10 feet wide. It has the proper side setback. There
is no danger to anyone, actually with this type of straight driveway it is much safer to
exit to the street below.
ertificate of SUrve
for:
Moldenhauer Custom [tome~
HOUSE TYPE: FULL
PROPOSED GARAGE FLOOR ELEVATION =. 875,9
PROP. TOP OF FOUNDATION · 6il{. --677.5
PROPOSED LOWEST FLOOR~ ELEVATION = 869.5
sm.5= Denotes ExiSting I/levatiOn
~ Denotes ProPosed Elevaliion
' '
Job No. 6§~,l,,.02?,-107~Book/Pagei 207/I~,
Scale: '"~ =30 'Date: 7/07/00
o DenotJes~ iron pipe set with a plastic
plug stamped RI~ 13057 or 21729.
· Denotes iron pipe found
Drainage and Utility Easements are
shown thus:
-~ Denotes Surface Drainage
Lath set O Building Corners
O
O
/4
27.75;
DW=7,3% !: t
GAR,
1t.67
12.67
58A0
PROPOSED
HouSE
100' ~TBACK FROM ORDINARY
~teH [WATD~ ~LF. VA~ON (SS0.0).
'3
0
L< t 13, BlOck 3, MISSISSIPPI !OAKS COND ADDITION, Sherburne County, Mn.
I hereby certify that this survey:, plan, $.r report was prepared by me or under my
direct supervision and that I am a duly Licensed Land Surveyor under the laws
ol~ the state of MinneSota.
~0
B~
HN OLIVER & ASSOCIATES, INC.
,: Rick M. Blom, Land Surveyor
.nnesota Registration No. 21729
rte: 7/10/00
:v: 7/13/00 (drop gar.: 2 crs, revise r~r 9rode ,le~.)
John Oliver & Associates,
E~ Rive~, Minnesota
(612)441-2072 (F~)44 t-5665
20t g. Traverse '~atL S~ite 200
Bu~li~, MN 55337
(~ t 2)894-3045 (F~)894-3049