BOA David Hollerich Centerline Setback Variance 09/05/2012

Transcription

1 BOA David Hollerich Centerline Setback Variance 09/05/2012 Request for variance to reduce the required centerline setback from Granite Circle of 65 feet to 40 feet for a proposed farm equipment building located in the Agricultural Zoned District in the SE ¼ of the SW ¼ of Section 6, Lyra Township. Applicant David Hollerich Granite Circle Good Thunder, MN Request and Location The applicant is requesting a variance to reduce the required centerline setback from 65 feet to 40 feet for a proposed farm equipment and shop building. Said property is located in the SE 1/4 of the SW 1/4 of Section 6, Lyra Township. Legal Description That part of Section 06, Township 106 North, Range 27 West, Blue Earth County, Minnesota, described as: The W ½ of the SE ¼ and the E ½ of the SW ¼ and the South 10 acres of the E ½ of the NW ¼, and the South 27 acres of the W ½ of the NE ¼, all in Section 6 of Township 106 North of Range 27 West, Blue Earth County, Minnesota. EXCEPTING THEREFROM: A strip of land taken by the County of Blue Earth for County State Aid Highway No. 13 purposes. AND The North 53 acres of the W ½ of the NE ¼ and the North 70 acres of the E ½ of the NW ¼, all in Section 6, Township 106 North of Range 27 West, Blue Earth County, Minnesota. EXCEPTING THEREFROM: A strip of land taken by the County of Blue Earth for County State Aid Highway No. 13 purposes. Zoning The property is located within the Agricultural and Conservation Districts but the proposal is located within the Agricultural District. General Site Description and Project Proposal The property includes an existing building site with outbuildings only. The dwelling was removed in The character of the general area is primarily agricultural with the majority of the neighboring land in row crop production. There is a feedlot located on the parcel. CSAH 13 dissects the northern portion of the parcel and the Blue Earth River runs through the southern portion. The applicant is presenting a variance request to reduce the required centerline setback from 65 feet to 40 feet for a proposed farm equipment and shop building located in approximately the same location as where the dwelling was previously located.

2 BOA David Hollerich Centerline Setback Variance 09/05/2012 The proposed farm equipment building does appear to meet the required 65 foot centerline setback requirement from the center of the Granite Circle right-of-way. However, based on staff s interpretation of the aerial photographs the physical location of the centerline of the existing road appears to be located within the required 65 foot setback. (See attachment A-2) Therefore, staff is requiring a variance. Existing Land Use within 1/4 Mile North: CSAH 13 and crop and wood land South: Granite Circle, Blue Earth River and crop and wood land East: Crop land and wood land West: The owner s residence, Granite Circle and crop and wood land Access No change in access points is proposed. Existing access is to and from Granite Circle. NATURAL RESOURCES INFORMATION Topography The topography rises from the southeast to the northwest portion of the building site. see attachment A-4 Floodplain There is floodplain located on the parcel but the proposed construction is not located within the floodplain. see attachment A-5 Shoreland The floodplain extends past the shoreland boundary of 300 feet from an agricultural river making the floodplain the new shoreland boundary. The proposed construction is not located within the floodplain and shoreland setbacks. Staff did contact the Department of Natural Resources and they have no comments or concerns with the proposed construction. Township Review The applicant has met with the township. An from the township dated August 21, 2012 stated that the township agreed to pass the request for the variance on to the county with the stipulation that some trees will need to be removed from the site for easier snow removal on the township road. Environmental Health Review See attachment A-6. Applicable Sections of the County Land Use Ordinance Sec Height, yard and lot area, width and depth regulations. (b) Front yard regulations There shall be a front yard setback of not less than 65 feet from the centerline of all other public rights-of-way

3 BOA David Hollerich Centerline Setback Variance 09/05/2012 Sec Board of Adjustment. (d) Powers. (1) Powers. The Board of Adjustment shall have power to grant a variance or an appeal to any of the provisions of this chapter to the extent of the following and no further: a. To vary or modify the strict application of any of the regulations or provisions contained in this chapter in cases in which there are practical difficulties in the way of such strict applications; no variance or modification of the uses permitted within a district shall be allowed, except as otherwise provided in this chapter. b. To hear and determine appeals as to the exact boundaries of land use districts. (e) (f) Findings required. (1) Enumeration. The Board of Adjustment shall not grant an appeal or a variance unless they find the following facts at the hearing where the applicant shall present a statement and evidence in such form as the Board of Adjustment may require: a. That there are special circumstances or conditions affecting the land, building or use referred to in the appeal that do not apply generally to other property in the same vicinity. b. That the granting of the application will not result in any material adverse effect on the health or safety of persons residing or working in the area adjacent to the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the area adjacent to the property of the applicant. c. The applicant for a variance which, in the opinion of the Board of Adjustment, may result in a material adverse effect on the environment may be requested to demonstrate the nature and extent of the effect. d. The variance is in harmony with the general purposes and intent of the official controls in cases when there are practical difficulties in the way of carrying out the strict letter of any official control, and when the terms of the variance are consistent with the comprehensive plan. e. The property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls. f. The plight of the landowner is due to circumstances unique to the property not created by the landowner. g. The variance will not alter the essential character of the locality. h. Economic considerations alone do not constitute practical difficulties. Applicant s Statement of Practical Difficulty Please see attachment A-7: Letter of Practical Difficulty In summary: A variance from the required centerline setback of 65 feet for the placement of the proposed farm equipment building is requested due to the site s topography change, location of existing utilities, driveways and buildings as well as the proximity of the proposed farm equipment building to the existing farm shop. Opinions Staff has developed the following opinions: 1. That the applicant has demonstrated a need for a variance to reduce the required setback to the center line of the road due to the site s topography and the location of existing utilities and

4 BOA David Hollerich Centerline Setback Variance 09/05/2012 driveway. A variance would also allow for the proposed farm equipment and shop building to be located adjacent to the existing farm shop. 2. That the granting of the application will not materially adversely affect the health or safety of persons residing or working in the area adjacent to the property of the applicant and will not be materially detrimental to the public welfare or injurious to property or improvements in the area adjacent to the property of the applicant. Recommendations Staff recommends approval of the request to reduce the required centerline setback to the center of the existing location of Granite Circle from 65 feet to 40 feet for the purpose of allowing a construction permit for a farm equipment building, with the following conditions: 1. That a construction permit be obtained prior to commencement of construction. 2. That the necessary trees be removed from the site for snow removal purposes. Attachments A-1 General Location Map A-2 Site Map A-3 Site Location A-4 Topography Map A-5 Floodplain Map A-6 Environmental Health Comments A-7 Applicants Letter of Practical Difficulty A-8 Variance Findings of Fact Checklist

5 Site Attachment A-1 General Location Map

6 A-2 Site Map AN D scla mer: This map was created us ng Blue Earth County's GIS and was created for specific ntemal County uses. lt s intended to be used for reference purposes only and does not represent a land survey. No liab l ty is assumed for lhe accuracy of the data delineated hereín, either expressed or ímplied by Blue Earth County or its employees.

7 A-3 Site Plan Site 2009 Aerial Photo Disclaimer: This map was created using Blue Earth County s GIS and was created for specific internal County uses. It is intended to be used for reference purposes only and does not represent a land survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Blue Earth County of its employees.

8 A-4 Topography Map f] Parcet Elevation Contour ^=, lndex (10 Ft) '-".--. lntermediate (2 Ft) Feet Contours - BEC L DAR 2005 D sclaimer: This map was crealed using Blue Earth County's GIS and was created for specilic internal County uses. lt is intended to be used for reference purposes only and does not represent a land survey. No liability is assumed for the accuracy of the datâ delineated herein, either expressed or implied by Blue Earth County or its employees.

9 A-5 Floodplain Map Preliminary Flood lnsurance Rate Map April 20, 2011 Draft Data 1,600 Feel Special Flood Hazard Area I I I - ZoneRE - Floodway Zone AE Zone R - No Base Flood Elevations Base Flood Elevation (FT) Other Flood Areas (Zone X) i -l o.zpcr TTuALcHANcEFLooDHAzARD l-l pnorecred BY LEVEE ln

10 A-6 Environmental Health Review BLUE EARTH COUNTY ENVIRONMENTAL SERVICES Government Center, 410 South Fifth Street P.O. Box 3566, Mankato, Minnesota Phone: (507) Fax: (507) Environmental Health Section - Planning Application Reviews Date Printed: August 30, Permit Number: PL Property Owner: HOLLERICH DAVID J Applicant: HOLLERICH DAVID J Parcel Number: R File ID: BOA Application Description: Request lor a variance to reduce the setback requirenrent to the center line of Granite Circle, a torvnship road, fiom ó5 feet to 40 f'eet for the purpose ofconstlucting a farm shop/ag equipment storage building. The property is located in the Agricultural Zoned District in palt of the Soutl,east Quarter of the Southwest Quarter of Section 6. Lyra Tolvnship. Status: Complete - Comments Received Septic Review Comments: The house that was on the property was removed in 20.l l. A septic abandonment form has been filed with the departnrent. The proposed building is on or near the location of the old house. No sewage generation has currently been proposed,uvith the ag storage building. If there are any bathroom, laundry, shower/sink waste, or any culinary activities, the sewage fi'om these musl go into a code compliant septic system designed for the use. potterness 08/27/2012 2:24 PM Status: Complete - Comments Received Well Review Comments: The enclosed site plan indicates one sealed well, unique # H798 19, and one well in-use. The properly sealed well was sealed by Loren Denn Well Drilling in The proposed new building must meet allapplicable setback requirements of MN Rules, Chapter grant 08128/2012 8:30 AM Status: Wetland Review Complete - Comments Received Comments: Based on an aerial photograph review of the soils the area consists of well drained and moderately weli drained soils, the topoglaphy map does not show any areas of concern regarding wetland topography and the National Wetlands Inventory map does not show any wetlands in this area. Also, the new shed would be partly over where the old house was located. Therefore the location of the proposed shed does not appear to impact any \iletland(s). S. Feser 08/ :56 PM

11 A-7 Letter of Practical Difficulty August 8,20L2 I am proposing to construct a 60'X 68 farm shop and farm equipment storege building on my propefi in Lyra Township. The topography of the farmstead rises from the southeast to the north/northwest. Due to the following factors, I am requesting a variance to reduce the setback requirement to the centerline of the Township Road from 65 feet to 40 feet for the placement of the proposed farm building: 1. Topography change 2. Location of existing utilities 3. Location of existing driveways 4, Location of existing buildings 5. Proximity of the proposed shop to the existing farm shop Thank you for your consideration, ^öiþ/ \ David Hollerich /'/ua

12 A-8 FINDINGS OF FACT SUPPORTING/DENYING A VARIANCE Name of Applicant: David Hollerich Date: September 5 th, 2012 Variance Application # BOA Parcel # R A variance may be granted only where the strict enforcement of county zoning controls will result in a practical difficulty. A determination that a practical difficulty exists is based upon consideration of the following criteria: 1. Is the variance in harmony with the intent of the comprehensive plan, zoning ordinance and State Shoreland Management Rules? Yes ( ) No ( ) Why or why not? 2. Without the variance, is the owner deprived of a reasonable use of the property? Yes ( ) No ( ) Why or why not? 3. Is the alleged practical difficulty due to circumstances unique to this property? Yes ( ) No ( ) Why or why not? 4. Were the circumstances causing the practical difficulty created by someone or something other than the landowner or previous landowners? Yes ( ) No ( ) Why or why not? 5. Will the issuance of the variance maintain the essential character of the locality? Yes ( ) No ( ) Why or why not? 6. Does the alleged practical difficulty involve more than economic considerations? Yes ( ) No ( ) Why or why not? Facts supporting the answer to each question, above, are hereby certified to be the Findings of the Board of Adjustment. This is in accordance with of the Blue Earth County Shoreland Management Ordinance. APPROVED ( ) DENIED ( ) DATED: Chairperson, Board of Adjustment