7.5. SR 06-17-2019 - Laserfiche WebLink

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Request for Action To Item Number City Council 7.5 Agenda Section Meeting Date Prepared by Public Hearings June 17, 2019 Chris Leeseber , Senior Planner Item Description Reviewed by Variance: Side Yard Setback, Scott Lillestrand, Zack Carlton, Planning Manager 12426193 d Lane Reviewed by Cal Portner, City Administrator Action Requested Direct staff, by motion, to prepare a resolution making finding of fact denying the side yard setback variance based on the following findings: 1. The variance is not in harmony with the general purpose and intent of the ordinance. 2. The plight of the petitioner is not due to circumstances unique to the property, and is a consequence of the petitioners own action or inaction. The finding of fact will be brought forward at the July 1, 2019, City Council meeting. Background/Discussion Case No. V 19-02 The property is located at 12426 193rd Lane and is zoned Ric with setback as follows: Front: 30 feet Side: 10 feet Garage: 5 feet Rear: 20 feet The applicant is seeking a variance to construct a deck 2 '/z feet within the 10 foot side yard setback. Applicable Regulation (The applicant's responses are italicised 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 The general purpose and intent of side yard setbacks is to ke p 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 proper y line. That is 2 feet further away from the propea y line than the existing garage. This new addition would not further encumber access to the sideyard 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 propea�v 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 The Elk River Vision A wehoMing community with revolutionary and spirited resourcefulness, exceptional P,` 01 W E H E 8 6 T service, and community engagement that encourages and inspires prosperity INAWRE1