5.3. BASR 06-28-2022 - Laserfiche WebLink

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1. Is in harmony with the general purpose and intent of the ordinance, and The general purpose and intent are to have uniform setbacks of structures along a street. The subject st parcel and the neighboring properties have this uniformity along the front yards facing 181 Avenue. Conversely, the alignment of the back of the houses are not uniform along the county road. An above ground pool would not negatively affect the purpose and intent. 2. Is consistent with the City of Elk River Comprehensive Plan. The property is guided for Traditional Single-Family Residential and single-family houses with decks and pools are expected. 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; As with any property in the city, having a deck and pool in a backyard is reasonable even if not permitted by setbacks. 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 unique circumstance of a double frontage lot with streets on two sides, along with two front yard setbacks, is not a consequence of the petitioner’s own action or inaction. 5. The variance, if granted, will not alter the essential character of the locality. The character of the area will not be altered if a pool is installed in the back yard, as the property is screened by existing trees, a berm, and there is a greater space between the county road edge to the subject property than typical. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by July 8, 2022, this item will go to the July 18, 2022, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Plan  Aerial Image  Site Restriction Exhibit