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7.1. SR 10-16-1995~~ ( ity of .~~ lk R~verTO: FROM: DATE: ITEM 7.1. MEMORANDUM Mayor and City Council Kendra Lindahl, Zoning Assistant October 16, 1995 SUBJECT: Variance Request Dennis Kramer, Public Hearing, Case No. V 95-8 Request Mr. Kramer is requesting a 2,800 square foot variance to exceed the maximum size of accessory structure area. Location 20789 Meadowvale Road NW • Zoning/Land Use R1-a (Single Family Residential)/LR (Low Density Residential). Attachments • September 26, 1995 memo to the Planning Commission Background Dennis Kramer is requesting a variance to exceed the maximum area of accessory structures. Mr. Kramer's parcel is in the Rl-a zoning district which allows 2,000 square feet of attached and detached accessory structure area. Mr. Kramer owns two adjacent parcels of land totaling 21.55 acres. The property he will be building on is 12.37 acres and the second property is 9.18 acres. Mr. Kramer currently has a house and a 40 foot by 60 foot (2,400 square foot) detached garage on his 12.37 acre parcel. The request is to add another 40 foot by 60 foot (2,400 square foot) detached metal pole building. The total accessory structure area, if the variance is approved, would equa14,800 square feet, or 2,800 square feet greater than the ordinance allows. The reason the applicant wants to construct the 40 foot by 60 foot metal pole building is to store his 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 collection of older tractors. The attached memo to the Planning Commission • explains this request in detail. Planning Commission Recommendation At the September 26, 1995, Planning Commission meeting, the Planning Commission recommended denial of this variance because it does not meet the five conditions. needed to grant a variance according to the City Ordinance. The Planning Commission indicated that, although they would have liked to grant the variance, they were unable to justify hardship. The existing accessory structure ordinance limits property owners in the R1-a zoning district to 2,000 square feet of attached and detached accessory structure area. The Planning Commission felt that larger property owners in this district, like Mr. Kramer, should be allowed additional accessory structure space. At the direction of the City Council, staff will be bringing an ordinance amendment to the Planning Commission and City Council in the next few weeks. This amendment will increase the allowable accessory structure area for large property owners in this district. Recommendation • Staff and the Planning Commission feel that this request does not meet the five conditions for granting a variance and, therefore, recommends denial of the variance to exceed the maximum size of accessory structure area. r~ S:\P LA N N I N G\KE N D RA\V95-8. D O C f ~~ :~yof~~ ilk • Rive~o: FROM: DATE: ITEM 5.2. MEMORANDUM Planning Commission ;,~~ Kendra Lindahl, Zoning Assistantr'~ September 26, 1995 SUBJECT: Variance Request Dennis Kramer, Public Bearing, Case No. V 95-8 Request Mr. Kramer is requesting a 2,800 square foot variance to exceed the maximum size of accessory structure area. Location 20789 Meadovwale Road NW Zoning/Land Use Rl-a (Single Family Residential)(LR (Low Density Residential). Attachments • Land use map • Zoning map • Site Map • Site plan Background Dennis Kramer is requesting a variance to exceed the maximum area of accessory structures. Mr. Kramer's parcel is in the R1-a zoning district which allows 2,000 square feet of attached and detached accessory structure area. Mr. Kramer owns two adjacent parcels of land totaling 21.55 acres. The property he will be building on is 12.37 acres and the second property. is 9.18 acres. • 13065 Orono Parkway • P.O. Box 490 • Elk River, MN 55330 • (612) 441-7420 • Fax: (612) 441-7425 Analysis • Mr. Kramer currentl has a house and a 40 foot b 60 foot (2,400 square foot) Y Y detached garage on his 12.37 acre parcel. The request is to add another 40 foot by 60 foot (2,400 square foot) detached metal pole building. The total accessory structure area, if the variance is approved, would equa14,800 square feet, or 2,800 square feet greater than the ordinance allows. The reason the applicant wants to construct the 40 foot by 60 foot metal pole building is to store his collection of older tractors. Variance Staff refers the Planning Commission to Section 900.40 of the Elk River. City Ordinance for the five standards to consider when reviewing a variance request. There are no special conditions or circumstances which are peculiar to the subject site which are not characteristic to other properties in the same zoning district. Other properties in the R1-a zoning district are subject to the same size restrictions as the applicant. Staff could find no factors which make this request unique from any other similar request. Accessory Structure Ordinance At the direction of the City Council, staff will be proposing an ordinance amendment. in the near future that would increase the maximum area of accessory buildings in the Al district to 3,440. square feet, which is an increase of 440 square feet. In addition, the maximum area of accessory buildings in the R1-a district would also be increased by 440 square feet to a total of 2,440 square feet. The additiona1440 square feet is the area of a typical two car garage which is constructed with nearly every home. Staff is also considering adding language for properties in the RI-a district which, if over 10 acres in size, would be allowed 3,440 square feet for accessory building area, just as similar properties in the A-1 district. Even if this amendment were in place today, Mr. Kramer would exceed the maximum area by 1,360 square feet. Recommendation It is Staff's opinion that this request does not meet the five conditions for granting a variance and, therefore, recommends denial of the variance to exceed the maximum size of accessory structure area based on the following findings: 1. Literal application of the provisions of this ordinance will not deprive the petitioner of substantial property rights, as he is already 400 square feet in excess of the 2,000 square foot accessory structure building area. • S:\PLANNI NG\KENDRA\V95-8. DOC 2. There are no special conditions or circumstances of the land or i structure causing the need for a variance. Other property owners in the area are subject to the same requirements for accessory structures, therefore, the situation is not unique to Mr. Kramer's property. 3. If the Elk River City Council votes to amend the ordinance. as proposed, Mr. Kramer could build a 1,040 square foot accessory structure. • • S:\P LAN N I NG\KE N DRA\V95-8. DO C 212TH 1 211TH none 209TH 2oaTH 2o~TH I 2061H [DSTH 204TH 20380 202ND 20bST 200TH 199n1 City1of ~~ COM~REH~i~S~ilE LAND USE 1~AP HR High Density Residential p public CS Central Business OS Open Space HB Highway Business A Agricultural Ll Light tndustrial LR Low Density Residential ?~ Ml Medium Industrial MR Medium Density Residential V 95-8 . CASE ~'~e7^~ P.O. BoY X90 • 130fi~ Orono Parkway • Elk River, MN 55330 • (b13) ~1-742fl .~. zi~~n `' M1YA ~ 212TH ~ 211TH 21oTH 3 2ogTH - - 2osTH 207TH 2oeTH 2flSiH 204TH A 2o~D ~! 202ND 201ST r ~ F, ~ .,' ~ 1 ~~ ~~ cry or .~~ ~~ ~~~ R~~ e r ~1a _._,_, LOCATION c~ .~~ t` ,o . t,~ . r ~~ ti i ~ ~~ ~ , ~ ~ a. ZONING MAP c ;s ~ V 95-8 P.O. acx ^-~0 • 130~~ ~r;,rc ~^ w2~ _',- ~:~,o_ ~iri ^ _ 14TS.03~ ~0°ni AVENUE - ..._ N. W. ~s-ne-JS~o /~ ~ ~: ~ at Elk River 13065 Orono Parkway • P.O. Box 490 Elk River, MN 55330 SITE MAP CASE: V 95-8 9.18 ACRES ~aaoa• _... H.w 73-~tE-200 sting house n' w' ~°~~existing garage 7S-itd-3203 PROPOSED garage SITE MAP ~~ \ E~ River ~~s ~ V 95-8 P.O. Bo;. 490 • ? ~06~ Orono Per .~~..