5.1. BASR 08-23-2022 - Laserfiche WebLink

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We, Michael and Karin Filip who reside at the property address 15488 Fillmore St NW, Elk River, MN 55330; Lot 3, Block 1, Avon Acres Third Addition, which is located in Section 24, Township 32, Range 26 W, in Sherburne County, Minnesota since 2008 are requesting variance from the standard setback rule ordinance for deck and pool placement. The lot configuration is long and narrow (100 ft x 365 ft) and the original developer/builder of home structure plan was granted a variance when the home was built in 1996 to set the home structure closer than 100 ft setback, which consequently limits the use of the back yard space due to the proximal placement of the house to the riverbank; therefore, we set the pool back as far as possible from the bluff, and as much as is practical. The deck structure was erected for ease of access to the pool, and to allow safe observation, pool maintenance and the ability to integrate the deck addition and new stairway into the existing decking. The new deck portion and stairway have been partially erected after starting the project of replacing the old deteriorating deck stairs which were originally located 24 ft from the bluff and 20 ft from the north side lot line. The purpose of the new deck stair design was to replace existing deck stairway with safer and more compact wrap -around version allowing for a mid- flight landing for better ease of use and providing a landing entrance to access the fully fenced in side portion of our lot. The new deck and pool are now located 20 ft from the bluff; and the deck and replacement stair edge are 17.5 ft from north side lot line, which is 4 ft closer to bluff and 2.5 ft closer to north side lot line than the original stair structure. Our plan is outside the standard ordinance of 30 ft pool setback and 100 ft structure setback from bluff and 20 ft structure setback from the side lot line. Originally, we did consider other spaces on the lot for pool and deck location, yet no other location would afford full southwest sun exposure for enhanced pool heating, convenient access to current decking structure; or compliance with other side yard setbacks, as well as other lot features preventing placement including electrical utility lines and heavy tree coverage to the north side and northeast front yard, septic drain field to the southeast front yard, and similar set back issues on the south side and southwest aspect of the back portion of the lot. The location of the deck and pool do not detract from the essential character of the street or river view. The deck, stairs and pool do not change the appearance or the integrity of the river bluff itself and are enclosed within an existing 4-foot-high fence perimeter. Additionally, the new deck/stairs design using cedar wood material and placement does not deter from aesthetics or function for the adjacent property to the North side. We hope that you find our request worthy and practical to grant variance from the standard building setback ordinance. Sincerely,