5.1. BASR 04-25-2023 - Laserfiche WebLink

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Front: 30’ (from any property line fronting a street/cul-de-sac) Side: 8’ Garage Side: 8’ Rear: 8’ The applicant is proposing a 20’ x 40’ in-ground pool surrounded by concrete decking. The southeast portion of the proposed pool encroaches approximately 13’ in the front yard setback and the proposed decking encroaches approximately 4’ into the drainage and utility easement. 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 parcel design standards (minimum lot depth and property setbacks) work together to ensure parcels have enough buildable area to support a home, deck, garage, pool, etc. while providing a buffer between neighboring properties as well as uniformity of structures along a street. While technically a pool is a structure, it is an inground pool which is not visible above grade. There will be no future residential development around this parcel. If the presence and configuration of the cul-de-sac were not part of this parcel, a variance would not be required. 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 and their allowed accessory uses. 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; Again, if the presence and configuration of the cul-de-sac were not part of this parcel, a variance would not be required. The ordinance does not allow improvements/structures to be in drainage and utility easements. No part of the pool (including pool deck) or improvements shall be located within drainage and utility easements. The petitioner proposes to use 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 petition's own action or inaction; and The property has a unique characteristic, a public cul-de-sac nestled in the southeast corner of the parcel, which necessitates the back yard to adhere to additional front yard setback regulations compared to neighboring parcels.