5.2. BASR 11-22-2022 - Laserfiche WebLink

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While the lot is more than twice the minimum size required, the approved reduced lot depth significantly reduces the buildable area of the lot, which is why the reduction to the rear yard setback was originally approved in 2018 and again being requested. The buildable area is 45 feet deep at the widest point. The home and garage on this site will need to conform to the long and narrow buildable area, but accessory structures will be permitted to follow the standard garage setback of five feet from the side and rear property lines. The applicant understands a future deck on the back of the house will not be allowed but a patio up to 5 feet from the rear property line would be allowed. Applicable Regulation (The applicant’s responses are italicized with staff’s notes after.) 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 parcel design standards (minimum lot depth and property setbacks) work together to ensure parcels have enough buildable area to support a home, deck, garage, etc. while providing a buffer between neighboring properties. While the reduced depth leaves the parcel with a shallow buildable area and the reduced rear yard setback brings the home closer to the neighboring property than would otherwise be permitted, the longer buildable area provides a future homeowner with the opportunity to choose a home that fits this lot. The variance is in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River Comprehensive Plan. The property is guided for Traditional Single-family Residential. This category predominately consists of single-family detached homes occupying moderately sized lots. This land use is the most prevalent residential type within the Urban Service Area and consists of a range of neighborhood typologies including the historic grid block pattern neighborhoods surrounding the downtown and newer curvilinear block pattern subdivision developments in the north, east, and west. The variance is consistent with the City of Elk River 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; The ordinance includes standards to ensure residential properties provide homeowners with enough outdoor open space for living as well as accessory structures after a home is constructed on the property. The proposed lot is more than double the minimum lot size for the zoning district, and a home designed to fit within the proposed setback area is a reasonable use not permitted by the zoning ordinance. 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 was originally platted as an outlot for an entrance monument and landscaping with the intent to be managed by the HOA in perpetuity, but that group dissolved and no longer exists where