3.2. BASR 09-24-2002 - Laserfiche WebLink

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• Dewayne & DeAnna Leseman 13102 Elgin Drive NW Elk River, MN 55330 763/241-7464 Variance Request • Literal enforcement of the ordinance would cause undue (unnecessary, unavoidable, extreme) hardship. Our home was a completed model home when we purchased it. The builder installed two patio doors, one on each level, in the same location entering the backyard. The builder also installed the deck header board under the upper-level patio doors. We had no say in where the patio doors were installed by the builder. The home was also built in line with the adjacent homes/garages. If the builder would have moved the house up further on the lot, it would look out of place and impair the site lines of the neighbors' homes. • Our concern with the slope in the backyard was diminished with the knowledge that we could build a functional deck off the patio doors, and be able to enjoy the pond and wildlife to the south of our property. Our clear intent upon purchasing the home from the builder was to install a deck in the near future. We have no reasonable options to build a deck elsewhere on our property. We cannot build a comparable deck on the southwest side of the house, in an attempt to use the sliding patio doors, due to the limited amount of property and the utility variance on that side. Building the deck on the northeast side would require either a 38 foot walkway from the patio doors along the back of the house, or major structural changes to the existing house in order to move the patio doors. Moving the patio doors would also place the deck off the master bedroom, making it less functional. • The hardship is caused by special conditions and circumstances which are peculiar to the land and the structure involved and which are not characteristic of or applicable to other lands or structures in the same district. The physical hardship is caused by the 6-to-1 slope on the southeast side of our property, and the fact that our house extends much further back on the lot than many of our neighbors. The combination of the moderate to severe slope, along with the short distance of only 27 feet from the back of our house to the property line, make • the land difficult to utilize in any way other than by a deck.