4.1. BASR 05-25-2004 - Laserfiche WebLink

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Memo to Board of Adjustments/V 04-03 May 25,2004 Page 2 • Pictures of Property Overview The property is located on Yankton Street with shoreline along the Elk River. Since the property is along the Elk River,it is included in the Shoreline District and subject to a 100 foot shoreline setback. The required front yard setback is 35 feet. In October 2003 the applicant's house was destroyed by fire. The front yard setback for that house ranged from 30 feet to 19 feet. The original structure was setback 19 feet from the front property line. In 1995 the applicant received a building permit to construct a large addition to the original house. The City approved a 30 foot front yard setback for the addition. The home complied with the 100 foot shoreline setback. The applicant is also proposing two small additions as part of their rebuilding plans; the rear addition to the house complies with setback requirements;the addition to the south end of the house is proposed to be at the same setback as the existing foundation (30ft.). The applicant would like rebuild on the existing foundation. Analysis In order to grant a variance from the literal interpretation of the ordinance, the following five conditions must be met: 1. Literal enforcement of the ordinance will cause undue hardship. In 1995,when they applied for the building permit for the addition, the applicant received written approval from the city for the 30 foot front yard setback. Requiring them to dig up the old foundation and replace it 5 feet further back would force the house to encroach into the shoreline setback,require additional fill and removal of a terraced and landscaped patio. By moving the house closer to the river the neighbor's view of the river would be affected. Literal enforcement of the ordinance would cause undue hardship. 2. The hardship is caused by special conditions and circumstances, which are peculiar to the property and the structure involved and which are not characteristic of or applicable to, other lands or structure in the same area. The hardship is caused by special conditions and circumstances,which are peculiar to the property and the structure involved and which are not characteristic of or applicable to, other lands or structure in the same area. The fact that the house was destroyed by fire and the previously approved 30' setback are unique to this property. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. Other residences in this area encroach into the front yard setback S:\PLANNING\Case Files\2004\V 04-03 Olson\VO4-02BA5-25.doc