5.1. BASR 08-27-2019 - Laserfiche WebLink

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The intent of the ordinance is to pursue uniform visual appeal along front properties to maintain a standardized front yard setback. The property stands on a corner residential lot in a neighborhood where other setbacks are upheld. Exceeding the setback requirement by 13 feet, without a neighborhood precedent, is not in harmony with the intention of our city ordinance and the visual standards of the neighborhood. This criterion is not met. 2. Is consistent with the City of Elk River Comprehensive Plan. The property is guided for residential and accessory structures are allowed in residential districts. The request is consistent with the Comprehensive Plan. Rural residential single family homes are the predominant land use in this area including development patterns that place housing closer together in order to preserve greater areas of undeveloped or natural land according to Chapter 5 of the Comprehensive Plan. The vision and community image chapters of the Comprehensive Plan for Elk River provide the call for members of the community to consider what the future of Elk River to look and feel like as the city explores how to create a consistent image for Elk River, all the while judging residential development on both aesthetics and function as it continues to grow, including general appearance guidelines. This criterion is not met. 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; We will continue to use our property as a residential property but are requesting a variance as the addition we would like to add to our home will be closer to the property line than with the original structure. This criterion is met as the plan for the primary structure demonstrates that this petitioner proposes to use the property in a reasonable manner against the zoning ordinance as a home addition is a fully permitted use of the parcel and it does not encroach on any use of a neighbor on her/ his own property. This criterion is met. 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 Since the original home was built in the current location, it is difficult to add an addition to another section of our home and still keep the home proportional, cosmetically intact, and functional for our family. The small utilities for our home come through the right side (west) of the house. To expand on this side, we would have to re-route all the utility connections to another side, which would be over our budget for our project. We also are planning on expanding the garage area that we currently have. Rebuilding the garage onto the right side of the house would not be an option for us due to budget, utilities, and layout of our home. The following utilities come through the right side of our home: Gas line, A/C unit, and water (on the front). The gas meter is also on the right side of our home. If we expand to the right side of our house, we need to redirect our driveway, which is not so easy, because well water in the front of the house can interfere with this. This property is not in a unique position to need a variance given its shape and the house’s position on the property allows for a feasible and realistic option of expanding westward instead.