5.1. BASR 06-25-2019 - Laserfiche WebLink

Home Browse Search

Applicable Regulation 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 if for the separation of property/uses for aesthetic, privacy, and safety reasons. Principal structure setbacks are in place to keep habitable spaces separated at least 20 feet (in this case) from one another. The porch, as submitted, would be approximately 35-feet from the neighboring house and approximately 17-feet from the neighboring garage. While the current configuration of the lots separates the uses, that can change and so can the owners of both properties. 2. Is consistent with the City of Elk River comprehensive plan. The property is guided for residential uses and porches are allowed in residential districts. The use is consistent with the 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; While having a porch is a reasonable use in the zoning district, encroaching into the required 10- foot side yard setback by 50% is not a reasonable use. 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 applicant purchased the property in 2004 with its current floor plan. The home was constructed with a door on the west side of the house to access the outside. The change in elevation from the main floor to the yard is not practical for a patio suggesting the intent was to have a deck. In addition, as the applicant stated in their narrative, the property is surrounded on three sides by city streets and a county road. An approximately 6-foot wide by 40-foot deck could be constructed without the need for a variance. While the door placement and streets are not a consequence of the petition's own action or inaction, they are not unique circumstances. 5. The variance, if granted, will not alter the essential character of the locality. Decks on homes are an allowed use but the essential character (consistent setbacks) of the locality could be altered as habitable uses encroach into the side yard setback. The character of a backyard/side yard area, where a certain level of privacy is expected, in a single-family zoning district would be altered. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by July 5, 2019, this item will go to the July 23, 2019, City Council meeting. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-04 Lange\\4-Board of Adjustments\\5.1. PCSR 06-25-2019.docx