4.1 BASR 05-24-2016 - Laserfiche WebLink

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All of staff s approximate dimensions are based on the city GIS system. Applicable Regulation (The applicant's responses are italicized with staff s notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The city attempts to maintain livability in an area, by local citizens enjoying their surroundings. The porch addition would add enjoyment to all who came by, just as our Christmas lighting brings joy to everyone in our area at Christmas time. This would be ayear-round spirit lifter. The intent of front yard setbacks is to provide a uniform/controlled look to the front of structures as well as not to impede sight lines. With .the various setbacks along the entire length of the north side of 5th street, many of the properties do not meet this intent. 2. Is consistent with the City of Elk River comprehensive plan. Ifyou walk through our neighborhood, you would see that we have a mixture of housing that over the years have all been upgraded, making this a pleasant, old neighborhood. The addition of the porch would add to the ambiance. Being an open porch, verses a three season porch, it would in no way obstruct anyone's view. You will find that this is consistent with the City of Elk River Comprehensive Plan. The comprehensive plan guides this property as Residential. The proposed use is consistent with the Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The only reason that thisporch will not meet city ordinance is because our home is 30 feet from our front property line, which is the limit. Otherw4se there would be no concerns. As stated earlier, visibility avill not be a problem for our neighbors because we are on a comer lot and own two city lots so there are not neighbors close by. The porch will look like it alsvayr belonged there. Adding a covered porch on a Victorian home is a reasonable use of the property. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and As mentioned earlier, our house was built in 1885, long before wide paved streets were constructed. At that time, homes and dirt roads were constructed without any real city planning. Because the home was built in 1885, it is not known what road right-of-ways, if any, existed, what setbacks, if any, were in place, and where the property line may have been. The circumstances that may have contributed to the current property conditions are not a consequence of the petitioners own action or inaction. 5. The variance, if granted, will not alter the essential character of the locality. Allowing us to build this porch will allow us to have a genuine old front porch, like many old houses were meant to have. Wle would love to be able to sit on our front porch, as we have dreamed of since we bought this house, and visit with neighbors. Wle know this addition would really add to the essential character of the N:\Departments\Community Development\Planning\Case Files\V\V 16-03 Hartman\Board of Adjustments\V 16-03 sr BOA 5-24-16.doc1