5.3. BASR 06-23-2020 - Laserfiche WebLink

Home Browse Search

The applicant is requesting a setback variance to allow construction of a 2,016 square foot (36'x56') detached accessory structure 10-feet from the side (north) property line. The property owner to the north informed staff they have no concern with the proposed setback variance but had concerns with correct placement of the structure and screening. Staff has included a condition to survey the side lot line and planting of an evergreen screen to address the concerns. 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 setbacks are to minimize how close structures are to one another, especially with side yard setbacks, and to maintain consistent setbacks of structures, especially with front yard setbacks. The nearest existing structure is about 100-feet away. While the request would put the proposed building closer to the property line, there is still a great deal of space between structures and the property owner to the north has no issue with the request. The purpose and intent of the ordinance is met. 2. Is consistent with the City of Elk River Comprehensive Plan. The property is guided for single family homes. The request 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; Because of limitations of the site (septic and drain field locations) the applicant is proposing to utilize the property in a reasonable manner. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction; and The property slopes down away from the home to the southeast towards a wetland. Between the home and the proposed detached accessory structure lies the septic and three irrigation lines. By placing the structure 10-feet from the side property line, as proposed, one irrigation line would be avoided. Meeting the 20-foot side yard setback would require relocating portions of the irrigation system and violate the required setbacks from septic. 5. The variance,if granted,will not alter the essential character of the locality. The subject parcel is part of a small development with lots around 2 1/2 acres in size. There are lots in the immediate vicinity that are 6, 25, 47, and 95 acres in size. The essential character of the locale will not be altered. Financial Impact None