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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 />