4.1 BASR 12-27-2016 - Laserfiche WebLink

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is a rearyard by definition, in this case the two non frontyards essentially function as side yards. The proposed setbacks maintain proper side yard setbacks. The house directly to the west of the subject parcel does not appear to meet side yard setbacks. The proposed setback from the western property line is in more compliance than the existing house on the west lot adjoining the subject parcel. A side yard setback dimension is maintained. Staff agrees with the applicant the general purpose and intent of front yard setbacks is to provide a uniform/controlled look to the front of structures. The general purpose and intent of rear and side yard setbacks is to keep structures reasonably separated from one another. The purpose and intent of these setbacks is in harmony with the ordinance. 2. 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 mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Building a home on a city approved parcel with setbacks that are more compliant than neighboring properties is using the property in a reasonable manner. The property is guided for residential uses and the city approved a lot with both a reduced area and lot width. Building a residential home on the subject parcel is reasonable. 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 The plight of the property is that it received variances for lot size and lot width in 2005,prior to the applicant purchasing it. A front yard setback variance was anticipated when the property was platted. The actions on this property happened prior to the applicant purchasing it. 5. The variance,if granted,will not alter the essential character of the locality. The character of the locale is one of varying frontyard setbacks and approving these variances will not alter that character. If granted, the variance will alter the essential character of the locality. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by January 6, 2017, this item will go to the January 17,2017, (Tuesday) City Council meeting. N:\Departments\Community Development\Planning\Case Files\V\V 16-16 Renae Hauge\3-Board of Adjustments\V 16-16 sr BOA 12-27-16.docx