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'ity of <br /> <br />iver <br /> <br />FROM: <br />DATE: <br /> <br />Item # 6.1. <br /> <br />MEMORANDUM <br /> <br />The Mayor and City Council <br />Stephen Wensman, Planner ~/~ ~ <br /> <br />November 23, 1998 <br /> <br />SUBJECT: <br /> <br />Request by Rich and Tammy Schmidt <br />for a Variance, Public Hearing Case <br />No. V 98-12 <br /> <br />Request <br /> <br />Consider a request by the applicant for a five (5) foot variance from the side <br />yard bUilding setback requirements. <br /> <br />Location <br /> <br />11265 192nd Avenue NW, Elk River (lot 23, block 8, Deerfield third Addition). <br /> <br />Zoning/Land Use <br /> <br />PUD (Planned Unit Development) / MR (Medium Density Residential) <br /> <br />Attachments <br /> <br />· Location map <br />· Site plan <br />· Letter from applicant <br /> <br />Oueruiew <br /> <br />The applicants are interested in building a deck 12 foot deep on the side of <br />their home to utilize an existing sliding glass door. On August 10th the <br />applicant claims that they approached the City to find out the zoning <br />requirements for building the deck and were informed by a "woman" that the <br />side yard setback was 5 feet. The applicant went ahead and hired a surveyor <br />and a dontractor to design the deck. At the time of application for a building <br />permit~ the applicants were correctly informed by planning staff that the side <br />yard setback was 10 feet. The PUD Agreement for Deerfield third Addition <br />references setbacks in the Rlc district which are 10 feet (Staff, incorrectly <br />reported that the setbacks had changed on March 18th, 1996). With a ten foot <br />setback, the proposed deck can only be 7 feet deep which is unacceptable to <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 <br /> <br /> <br />