5.1. BASR 05-28-2019 - Laserfiche WebLink

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RECEIVED Scott Lillestrand 12426 193'd Lane NW Elk River, MN 55330 (763)607-2475 slillestrand@gmail.com Variance Narrative APR 2 6 2019 I, Scott Lillestrand, the owner of 12426 193rd Lane NW Elk River, MN 55330 am requesting a variance from 10-feet to 7.5-feet on the "Garage side" side-yard setback of the property line for the construction of a deck. Thank you for your time and considering this request. The variance is in harmony with the general purpose and intent of the ordinance. The general purpose and intent of side yard setbacks is to keep structures reasonably separated for safety and aesthetic reasons. The garage side setback requirement is 5-feet. Currently, the garage of my home is 5.5-feet from the side property line. The proposed variance request would place the new deck construction 7.5-feet from the property line. That is 2-feet further away from the property line than the existing garage. This new addition would not further encumber access to the side yard as the garage is already at a 2-foot shorter distance to the lot line than the proposed deck construction location. In theory, the garage could be extended further into the back yard at 5-feet from the property line without issue. A deck would be far less imposing to the general purpose and intent of this ordinance and I would conclude that it would be safer as well. One could also conjecture that a deck is also better than a garage aesthetically speaking. There are no utilities located in the area of the proposed deck construction. The variance is consistent with the City of Elk River comprehensive plan. The property is guided for residential and decks are allowed in residential districts. It is consistent with the comprehensive plan. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Under the current zoning ordinance, I could extend and/or construct a garage 5-feet from the property line. I find it reasonable to think that a deck in this same area to the lot line would not make any more negative impact to the spirit of the zoning ordinance than a garage. The garage is already encumbering an area 5.5-feet from the property line and the proposed deck location would encumber less than the current garage by an additional 2-feet. 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