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The rear yard is defined as, a yard extending along the full width of a rear lot line (opposite the <br />addressed side) between side lot lines. Although technically there is a rear yard by definition, in <br />this case the two non -front yards essentially function as side yards. The proposed setbacks <br />maintain proper side yard setbacks. The house directly to the west of the subject parcel does not <br />appear to meet side yard setbacks. <br />a. Request change to be made from a 30 foot setback to a 15 foot setback for the front of <br />subject parcel. <br />b. The home located at 441 Upland Avenue, next 479 Upland is setback approx 6 feet on <br />Upland Avenue. <br />2) Is consistent with the City of Elk River comprehensive plan. <br />The comprehensive plan guides this property as Residential. The proposed use is consistent with <br />the Comprehensive Plan. <br />Variances may be granted when the petitioner establishes that there are practical difficulties in <br />complying with the zoning ordinance. <br />3) The petitioner proposes to use the property in a reasonable manner not permitted by the <br />zoning ordinance; <br />Building a home on a city approved parcel with setbacks that are more compliant than <br />neighboring properties is using the property in a reasonable manner. <br />4) The plight of the petitioner is due to circumstances unique to the property not a consequence <br />of the petition's own action or inaction; and <br />The plight of the property is that it received variances for lot size and lot width in 2005, prior to <br />the applicant purchasing it. A front yard setback variance was anticipated when the property was <br />platted. <br />5) The variance, if granted, will not alter the essential character of the locality. <br />The character of the locale is one of varying front yard setbacks and approving these variances <br />will not alter that character. <br />This plated vacant lot is limited in space as a buildable lot by the current zoning ordinances. This lot is <br />long and narrow, to remain consistent with the current neighboring homes (i.e. square footage, 20' x 22' <br />garage requirement, exterior appearance, driveway, elevation, neighborhood appeal) the above <br />requested setback approvals would be beneficial to the neighborhood and The City of Elk River Planning <br />in keeping with the current homes and tax base. <br />In summary, I am requesting the setback requirement to be approved for this property as follows: <br />