5.2. BASR 09-25-2018 - Laserfiche WebLink

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natural environmental lake and has a structure setback requirement of 150 feet. The Department of Natural Resources (DNR) did not comment on this application. The proposed deck location does not appear to pose any significant harm to the lakeshore or bluff. 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, and Our single-family home is in the city of Elk River in a residential area. We would like to build the screen porch/deck facing the lake from the back of our home. The city ordinance currently is that a variance needs to be granted to build within 150ft of a lake. We would ensure the safety of ourselves and visitors when they are utilizing the porch & deck. We will not be disturbing any lakefront area or other wildlife areas to build the porch & deck. The purpose and intent of the ordinance is to prevent significant harm to the lakeshore or bluff. The proposed deck location is currently turf grass and no vegetation removal will be required. No portion of the bluff or bluff setback area will be disturbed. The lakeshore will still be protected. Erosion control methods will be required during construction to ensure health of the bluff and lakeshore. The proposed location does not cause harm to the lakeshore or bluff. 2. Is consistent with the City of Elk River comprehensive plan. Building a porch/deck off our home overlooking West Twin Lake would maintain a distinct identity. It contributes to a stronger neighborhood and may bring our neighbors closer due to a shared enjoyment of the wildlife and lake view. Our contractor will follow all proper maintenance and building guidelines to ensure safety of the porch/deck, and we will ensure the safety of our family, neighbors, and friends who may use the porch/deck over the course of time. We will be preserving and maintaining the environment, as our plans for the porch & deck do not require any trees or other wildlife areas to be disturbed. The porch/deck will help to make our family home feel more complete, therefore contributing to the overall goal of the city of Elk River feeling complete. It is consistent as the property is guided for residential and is being utilized for that. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Due to the ordinance of not building a structure within 150ft of a lake, we are applying for the variance to use our property in a reasonable manner. Our single-family home overlooks the beautiful north side of West Twin Lake, and we would like to enjoy the view of the lake and the wildlife in our backyard by building a porch/deck off the back of our home. The zoning allows residential structures with decks. The deck location is within the 150 foot setback but is also connected to the home and still over 130 feet from the OHW and N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 18-07 Bernier\\4-Board of Adjustments\\5.2 V 18-07 sr PC 9-25-18.docx