5.1. BASR 10-24-2023 - Laserfiche WebLink

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The applicant is proposing a 20’ x 18’ detached accessory structure 35’ from the curb edge (approximately 20’ from property line) and 10’ from the east property line. The proposed location would also be located 10’ into a drainage and utility easement but the engineering department does not see any concerns with it being located where proposed. The property owner would assume all responsibilities for the structure located in the drainage and utility easement and would be responsible for removing the structure if ever required. 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 intent of the ordinance is to keep all neighboring structures aligned and maintain a uniform and aesthetically pleasing appearance throughout the neighborhood. There are no other/neighboring structures along this section of 186th Ave NW. th The only two parcels on the south side of 186 Avenue in the adjacent neighborhood to the east have accessory structures that also do not meet the required setback requirements. The general purpose and intent of the ordinance are met. 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; This structure would be used for storage of lawn equipment, such as a lawn tractor/riding mower, push mower, weed trimmer, rakes, shovels, hoses, tools, etc. It would also be used to store a snowmobile. The use of an accessory structure for general storage, setback like other non-compliant accessory structures on the street, is reasonable. 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 circumstances are unique to this lot/parcel. My lot is essentially a corner lot, so it has the larger setback on both the North and West sides. Building the detached garage in the current buildable area would place it almost centered in the back yard, which would be an awkward location for this type of structure.