7.2. SR 01-17-2017 - Laserfiche WebLink

Home Browse Search

On August 23, 2005, the Board of Adjustments approved a lot width variance (V 05-03) from 100 feet to 45 feet and a lot area variance to reduce required lot size from 11,000 square feet to 10,330 square feet. One of the exhibits (8-23-05 Exhibit) presented during that meeting identified possible front yard variance areas but did not show any dimensions. No conditions were applied to the approved variance. The lot is 0.25 acres in size and will not be allowed to have more than 25% or 2,723 square feet of impervious surfaces. This includes the house, sheds,patios, sidewalks, driveways and decks. Staff met with the property owner directly to the west of the subject site on December 20, 2016, to discuss the proposal. Her biggest concern was the loss of privacy she would have if the house is built 10 feet from her east property line. She also had questions regarding the Shoreland Ordinance,lot sizes, common ownership, and fencing. Staff clarified the parcel meets the Shoreland Ordinance lot size (10,000 sqft) and width (80 ft) requirements. Staff also stated that the Board of Adjustments can include conditions of approval on a variance, such as the requirement of a privacy fence. 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. First, the general purpose and intent of frontyard setbacks is to provide a unifoi-m controlled look to the front of structures and not to block neighbor's lines of sight. The proposed setbacks are uniform Pith existing structure setbacks on Upland Ave and meet the required setbacks on 5th St. Other structures on 5th St do not meet the front setback requirements. The south-adjoining property has a house setback 5-6 feet from the front property line. The proposed variance is more compliant than the home to the south. During the 2005 platting process, a front yard variance was anticipated. Second, the general purpose and intent of sideyard setbacks is to keep structures reasonabjsePaiatedfom one another. In this case, requiring 9 0 foot side yard setbacks provides at least 20 feet betv)een homes. Corner lots function Pith taro front yards, one sideyard, and one rearyard. The rearyard is defined as, ayard extending along the full P)idth of a rear lot line (opposite the addressed side betv)een side lot lines. Although technicaljthere is a rearyard by definition, in this case the taro non frontyards essentially function as sideyards. The proposed setbacks maintain proper sideyard setbacks. The house direajto the rarest of the subjectparcel 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 progeny as Residential as proposed. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: N:APublic Bodies\Agenda Packets\01-17-2017\Final\7.2 sr.docx