3.1. BASR 02-24-2004 - Laserfiche WebLink

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1/12/2004 • Variance Request by Mikhail Epshteyn, the owner of Lot 2,Block 6, Westwood Subdivision, Elk River, MN Requesting variance for the north side yard setback to be reduced to10 feet from non- existing road formerly known as Lake Street and 35 feet from Lake Orono inlet channel on the north side of Lot 2,Block 6 Westwood subdivision,Elk River,MN for the purpose of construction of a single-family two story residential house. The following are the reasons for this variance: 1. The literal enforcement of the zoning regulations from which the variance is requested will constitute extreme and unnecessary hardship upon the owner. The width of this lot is 75 feet.By applying 10 feet setback from the south side and 30 feet setback from non existing road on the north side and 50 feet from the Lake channel on the north side would only leave 34-35 feet to build a house which is not possible. The variance would allow for 54 feet to build a house. Otherwise no reasonable use can be made of this property without the variance. 2. The variance requested arises from conditions unique to this property.When the land was divided in 1953 there was a 40 feet road known as Lake Street planned between Block 6 and Block 4. Since that time there was a narrow channel formed in place of the road which connects rain water collecting pipe outlet with Lake Orono.Therefore, the road can not and does not exist anymore. Applying side road setback of 30 feet is not reasonable in this case since the road does not exist.Applying 50 feet lake setback from the narrow channel is not reasonable because it is not the main body of water of Lake Orono. Both of these circumstances occurred after the land was divided and now create practical difficulty as well as unnecessary hardship for the land owner to use this residential city lot for construction without variance. 3. The literal application of the provisions of the Ordinance would deprive the owner's family from the rights enjoyed by other properties in this neighborhood.The variance similar to the one requested was granted to the next door neighbor to the north of Lake Street on Lot 8,Block 4 for his house. His house is in the same proximity to the Lake Street and Lake Inlet as the variance requested in this document. Without this variance the owner of the land would not be able to build a house and the land would continue to be vacant. 4. These special conditions and circumstances are not a consequence of the owner's own actions,but the result of the topographical changes made to the geographical area surrounding the owner's property. 5. The variance requested will not adversely affect the public health, safety, convenience, and general welfare of the community. It will actually enhance the neighborhood.The owner's land has"no dumping"signs on the property,yet some irresponsible individuals dump their yard waste on the owner's land because they think"no house=no ownership". The variance would allow for the house to be built on the property. Furthermore, this variance would not oppose in any way the general spirit and intent of zoning regulations. The owner sincerely hopes that this variance can be granted as it is the minimum variance required to make the reasonable use of this land.