4.1 BASR 07-25-2017 - Laserfiche WebLink

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Is only required due to the impact of the additional setback related to the cul -de -sac on the Soutbeast corner of the property. The intent of setbacks is to provide reasonable distances between structures as well as have uniformed setbacks from front property lines. The subject parcel is encumbered with three front yard setbacks. The structure meets the front yard setback requirements on the two true streets sides of subject parcel. The rear yard of this parcel is reduced in size by a portion of the Roosevelt Circle cul -de -sac and results in requiring the 25 foot setback versus a six foot setback. The general purpose and intent of the ordinance are met. 2. Is consistent with the City of Elk River comprehensive plan. The variance area requested is minimal and sbould be consistent witb the existing plan. The parcel is guided residential and the variance is consistent with the City of Elk River comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; ire are asking permission to replace the original deck that existed wben the property was pumbased and at the same time square is off as to make it more useful and aestbetically matcb the otber decks in the neighborhood. The applicant wishes to rebuild a deck on the rear side of their residential home. This is a reasonable request for a residentially zoned property. 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 setback related to the cul -de -sac is unique to our proper y. ilitbout the cul -de -sac, the deck would be fully witbin the normal setback requirements. The plight of the petitioner is due to circumstances unique to the property. The subject parcel is encumbered with three front yard setbacks. The cul -de -sac cutting off the southern corner of the property creates the unique third front property line. If the properties rear yard was not reduced in size by a portion of the Roosevelt Circle cul -de -sac the deck could be rebuilt without a variance. 5. The variance, if granted, will not alter the essential character of the locality. This is true. ile only wisb to replace the deck that already existed and was taken dozen due to safety issues. There currently is a similar deck in in same location of the proposed new deck. The variance, if granted, will not alter the essential character of the locality. Financial Impact ?None N:\Departfnents\CofnmunityDevelopment\Plmning\Cose Files \V\V 17 -03 James Witzman \4 -Board of Adjustments \V 17 -03 PC 7 -25 -17 sr.docx