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The rear yard is defined as, a yard extending along the full width of a rear lot line (opposite the addressed side) between side lot lines. Although technically there is a rear yard by definition, in this case the two non-front yards 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. a. Request change to be made from a 30 foot setback to a 15 foot setback for the front of subject parcel. b. The home located at 441 Upland Avenue, next 479 Upland is setback approx 6 feet on <br />Upland Avenue. <br /> <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 /> <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: