5.1. BASR 08-23-2022 - Laserfiche WebLink

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During the site plan review, it was determined that a side yard setback variance is not required per Section 30-795 (4). It states side yard requirements specified for a zoning district may be reduced to 20 percent of the lot width, ten percent to be located on each side of a structure, in situations where the lot size is less than the minimum lot size. The lot size is 0.87-acres and is zoned for 2 ½ acres. The lot width is 145’ where 20% of that is 29’. This results in 14.5’ setback requirement for the side yards. The homeowners are proposing the deck addition to be 17-18’ from the side property line. This application has been postponed several times for the applicant to obtain a new Letter of Map Amendment (LOMA), to determine what improvements, if any, are allowed within the Mississippi Floodway. The LOMA was revised, and the structures have been removed from the National Flood Insurance Program (NFIP), and the Special Flood Hazard Area (SFHA). Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance: 1. Is in harmony with the general purpose and intent of the ordinance, and The general purpose and intent of setbacks is to provide uniformity with the placement of homes in a zoning district. The setback requirements from rivers require impervious hardcovered structures further away to allow more vegetated area to slow stormwater runoff and have it naturally absorb into the ground as well as filter out any sediments. Most of the homes in the area are set back the same amount from the river. 2. Is consistent with the City of Elk River Comprehensive Plan. The Comprehensive Plan guides the property as ‘Traditional Single Family Residential’ where single family homes, decks, and pools are desired uses. 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; Requesting to have a deck/pool in the back yard is a reasonable use of the property. 4. The plight of the petitioner is due to circumstances unique to the property and not a consequence of the petition's own action or inaction; and The applicant stated the property received a variance for the placement of the home within the 100’ setback requirement from the Ordinary High Water (OHW) mark of the river. The survey shows the house about 60-70’ from the OHW. This is a unique circumstance that limits the ability to have a deck, like other homes in the city. The deck/pool would meet typical rear yard setback requirement if the river was not there. 5. The variance, if granted, will not alter the essential character of the locality. All the homes in this area on the river fall within the 100’ river setback and several homes have decks on the river side of the house. The variance will not alter the essential character of the locality. Financial Impact None