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Home My WebLink AboutRe; variance request /� To: Chairman Relley and Planning Commission Members Mayor Peterson and City Council Ron Moorse, City Administrator From: Stephen Weckman, On-Site Systems Manager Date: October 15, 1992 Subject: #1776 Robyn Stewart, 370 Leaf Street - Variance - Public Hearing Zoning District: RR-1B, Rural residential, 2 acre minimum Pertinent Ordinance l. Section 10.28, Subd. 3 (A) - Conditional uses. /V� �' ;� '�i� �''�1a 2. Section 10.20. R-lA, One family residential distr ct. Subd. 3 (M). Animals. The keeping of horses for non- commercial purposes requires a minimum of 3 acres, 2 ac of which must be open pa ture. Proposed pasture = 4 acres (adjacent) Home site = 1 acre Subd. 3 (N). Stables and barns - Private. Use of an accessory building for keeping animals shall be located greater than 150' from the nearest adjacent residence and no closer than 75' from the nearest lot line. Proposed barn Lot line = 75' Nearest residence = 160' 3. Section 10.03, Subd. 9 (D). No accessory building shall be located near the front or street lot line within the principal building. Proposed variance = 35' List of $shibits A - Application B - Property Owners List C - Plat Map D - Survey with Proposed Improvements E - Letter from Herman Laue F - Letter from Neighboring Homeowners G - Septic System Memo Zoning File #1776 October 15, 1992 Page 2 Description of Request The applicant requests permission to install a barn and fencing for the keeping of two horses on her 1.5 acre parcel and the neighbor's 4 acre parcel. Herman Laue, owner of the adjacent 4 acre parcel, has provided a written letter indicating that the applicant may use his acreage to pasture the two horses (Exhibit E). The applicant plans to install a 12' x 16' barn 75' from the east lot line and approximately 30' north of the existing driveway (Exhibit D). A fence would be constructed from the northeast and southeast corners of the barn eastward to the adjacent 4 acre parcel. The adjacent 4 acre parcel is currently fenced with steel poles and barbed wire fencing. The properties are both located within the RR-1B zoning district which allows the keeping of horses for non-commercial purposes as a conditional use. The conditional use is contingent on the owner possessing a minimum of 3 acres. One acre is required for the home site and 2 acres must be open pasture area. Also, any stable or barn must remain at least 75' from any lot line and 150' from the nearest neighboring residence. The applicant's 1.5 acres is not sufficient to meet the requirements for the conditonal use. At best she could provide .8 acres of pasture by enclosing an area north of the driveway to the the property lines. She also would still require a variance in order to place the barn closer to the front yard lot line than the principal dwelling. By acquiring the use of the neighboring 4 acres, the pasture area would be sufficient for the two horses and would encroach less on neighboring residences. The applicant has an existing failing septic system with the drainfield crossing underneath the proposed pasture area. The system surface discharges occasionally approximately 25' from the proposed pasture area which poses a potential health hazard. Surface discharge was first noted on a May 2, 1991 inspection and repairs were requested. Due to the approval of the Stubbs Bay Sanitary Sewer Project, repairs were delayed until the hookup to City sewer could be made. Until hookup is made, the owner is required to pump out the system as often as necessary in order to prevent surface discharge ( see Exhibit G ) . During a site inspection on October 14 , 1992 , the system was observed discharging effluent to the surface at which time the owner was asked to pump out the system. The applicant did call and indicate that the tanks have since been pumped. A letter has been received from Lee and Jane Behrman, Rathy Anderson and Henry Furchner of 340, 398 and 360 Leaf Street respectively, requesting the denial of this variance request. Several concerns are noted by these neighboring residents including the proximity to existing dwellings, lot size, and the Zoning File #1776 October 15, 1992 Page 3 Hardship Statement The applicant does not own sufficient acreage for the keeping of horses , however she has been allowed to lease sufficient acreage to pasture the horses. Planning Commission should consider whether the facts of this request adequately provide a hardship. lsv : , � � 7� - � �., � . � ��r� �� :� C`_T'T"� OF, ORONO - VARIANCE APPLICATZON s �„r , - . .�� `` �e,+ ��;,,�` . Initial Application Fee $175 . 00 � _:��._ r-� �� , - � /CCl� /�/1 ... 1. .7.7: �-� .�.re� arnri �r�r+c� � l�'.�v . v v �+c� 2nC., c3uu.:...`+.�..�.._ �...�.�...�...�. � i.i i i vi .�i��vi�{� Rznewal Variance Fee $100 . 00 !t►��:'< <-��r(�c �•ilTl7/t4L L7! ! 1LL . T}L.J'!:'flfl/�/�� (no change from original application) j�."�vt�v�vv vj u�iit �✓,�rgi% After-the-Fact Fees (Double application fee) L�ltL4J� TL �;�.;:v __--_____.-------------------------------------------------- �%L'i•CTDT_iiJh;�i"� v�ilf !\L4L1! ! !!lf71�1�i 1�!V{ PROPERTY I,OCATION �"`t"'�' '•�`�f L� ' `' 7�tr1N!V{f LYL•1 11V1 !j '�. ' V�� Site Address ��'Q ,�F�O�� Ta��l��/UT . �.,Ir'' �� ;;L;T� L srJhee�� r''C Property Identification Number (P.I.D. ) �lern�t�.� U, � I�L i��:.�t;?L4�' Attach legal description to application if not included on � � t required survey. +r �y �1 ULI f a�s�V� � �f!;l�j f� 1 ______________________________________________________________1fiCRL________.L+l.iW APPLICANT Phone (home) ��'� F)��_kfi.� ��.�} ,.�, y r.;r-L�r�_�{u�:�a• y�-� �ir..�.�ie i leenir�l !� Name Q,b , T 7' Phone (work) ��- �i�y"T' ` ' � � �,�;�/��i:� � c� - iili�Sfli% Address :.j]Z� �.�_� ��• City: . � rDl�� _ Zip: C -------- OWNER (if different than applicant) Phone (home) Name Phone (work) r•��v nF ,�r�rr�� Address : City: Zip; `'j ' ��""��7 . i sr n��,.'i iif'i.Li.� i T�. i:%r+i�j�'i1 �t- p 1 Nrf�iYV�/l�Y Date Property Acquired ��l�r • � 1� (month/year);�j ,�,F�; LJ.{);7 L17�7J7 �L t�a�%V F��'�fs�'T-Tf�l1+' Y�'J I (do) (do not) aZso own the adjacent parcels of land. ��T�L' �L��1 ��L1 Tl'�� --------------------------------------------------------------------------- . . . ;;:"�#:; PRESENT IISE OF PROPERTY Pr�sent Zoning District Present Use of Property Residential Other (specify) -------------------------------------------------------- D$SCRIPTION OF REQIIEST Estimated Construction Cost $ � •� � �Describe request in detail: � � VARIANCBS REQIIIRBD �p16�,Q�'�ot Area (p��ot Width Hardcover Setback Variances ( Front Side Rear)" Other HARDSHIP Describe undue hardship or practical difficulty resulting from stric� enforcement of zoning regulations: 4 , DESCRIPTION OF SIIAL PROP CONDITI NS Describe unusual property conditions preventing compliance with Zoning Code Requirements: REQIIIRED SIIBMITTALS 1. Completed Application Form 2. � Certified Property Owners List of owners within 150` (you must obtain this list from Hennepin County Department of Finance A-603 Govt Center 348-3271) . 3. Plat Map (obtained with property owners list). 4. Certificate of survey (signed by a licensed surveyor) to include hardcover calculations as required (provide one (1) copy 8�"xll" for reproduction) . 5. Topographic survey (existing and proposed elevations) if any changes in existing grade are proposed (provide one copy 8�"xll"). 6. Sketches or plans of floor & elevation views (provide 1 copy 8�"xll"). 7. As an addendum to this application, please attach a separate list of any other persons you wish notified of this application. 8. Additional items as may be requested by City staff. The Applicant and Property Owner must sign this application. Please remember that your variance application is not complete if the above information has not been included. APPLICANT'S SIGNATURLr ' The applicant hereby agrees to provide all information required or requested by the Zoning Administrator, agrees to pay additional fees (staff time not covered by original fee payment) and/or consultant expenses : incurred in review of this application, and certifies that the information supplied is true and correct to the best of his/her knowledge. Applicant' s Signature � Date '7'o� y'/� 01iiNERS SIGNATORB The owner hereby ackowledges and agrees to this application and further authorizes reasonable entry onto the property by City staff, consultants, agents, Commission members, and Council members for purposes of investiga- tion and verification of this request. Owner' s Signature , Date q'-�� 7a- -------------------------- ----------------------------------------------- Applicant must have all submittals into the City offices 25 days before the Planning Commission Meeting. Planning Commission Meetings are held on the third Monday of each month. Applicants .must be present at al l scheduled review meetings of the Planninq Com�ission and Conncil. If an app licant is unable to attend a scheduled meeting, please make arrangements to have an authorized agent attend in your place and to advise the Building & Zoning Office of this change prior to the meeting. � � �� -� �JR�Np - V�RIANCE �1PPLIC�TION �� + � � . �.; al Application Fee $175 . 00 �a _ � ' __ t-� �'� =n n n ,.t, �,:�, �, .,�l t>y,-; 4T�o l i•7ii% �� %ti'�rfati'] .i:3 . :J V ` "� �....�.- -� —�-.`---+-- —— ' 41 f 1 V! IJl Vl�L' .ewal Variance Fe� �j��o • �+O tldfr�(��3'i. flt�Tl�� f 11TIT1tirL L! 1 1LaL '! L.If:'flft!lfif� � (no change from original application) j��'v..v"v�." ' t%J ULl1! !f✓+V1! �fter-the-Fact Fees (Double application fee) ;:��,.�. �.f zi iH, �.•f„�, �� t,�.vv ----------------------------------------------------------- i��'%•CTF=T_'i'i.3A'i'' 'vir � l�LYL11 r_ ie�ni'�t� iv PROPERTY LOCATION `�:".-"''`�'� �•""{ �"� �'r��' rif..N�J!4'L• trVL�1 ! V !1r�• J :�� . �. \!J 1 t rr//%r Site Address ��'o ��G`� ��o� 1� � � -�;� r�r ;lrf;�:rr: •i z� ve v�wer� Property Identification Number (P.I.D. ) ` '"':;""�`` '°`{�''� i i i rrnt�,�.. vi I 14L Attach legal description to application if not included on ��v�,''..::L'C"v : required survey. � 1fS LLT 1,JtV� !(:!:'tt "-. �� __-- __1L'iL'+L ___—_t..�.ttv —�—��--��--��--��--�—�—��—��--��—��--�—�— ��--��' �� Phone (home) ,� �h �� L'SltY' APPLICANT '�' i�.Vy .+i'.if:'•.._ .1^A'A• •*�t}T! 11L4L1: : !7!/7t711 !6'V Name ,b � T" � Phone (work) ��`-� � � `!' , �:_ �.r,.E 11,�•3; i;;,f V l,��i Address :��0 �f�i(�_,�]~• City: � r�l�� Zip: -------------------------------------------------------------------------- OWNER (if different than applicant) Phone (home) Name Phone (work) ,-_-v =�� -t�_3 ra�t t Address : City: ZlP; `'i" " "'�"1�;� -ir �'...L/tl11 I.rL. L•t ! .t idL � '-.'t:+i tf!!ft4e'L � �� I� `_ _�.'JV�1 VVVV T Date Property Acquired � v`� (month/year)�; �i;� tJ.;�� nr �n✓ii ii. c��avv .._."�iii?_i'i.ihi�i� uPr�f I (do ) (do not) also own the ad acent arcels of land• '1LL•L1! � ,��►�� 7 P n��;�;;: �'v�'� ;;;I T.IJ�� -------------------------------------------------------------------------�:t. �r - . 1 V!•l�1�%i PRESENT IISE OF PROPERTY Pr�sent Zoni:.g Distric� Present Use of Property Residential Other (specify) ------------------------------------------------- � ,� DESCRIPTION OF REQIIEST Estimated Construction Cost $ � � t �Describe request in detail: / . VARIANCBS REQUIR$D �p�_��ot Area ��_y��ot Width Hardcover Setback Variances ( Front Side Rear) Other