RES 24-29 - Laserfiche WebLink

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NOW, THEREFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the Application by Ivan Foxcroft to allow encroachment into the font yard setback by 16-feet and side yard setback by 10-feet while maintain the architectural design presented at the May 20, 2024, council meeting. FINDINGS OF FACT 1. The parcel at 20055 Polk Street NW (the Property) was purchased by Ivan Foxcroft in 2018. 2. The plat of Preserve Estates, with the subject parcel, was approved by City Council in 1999. 3. The residential structure on the subject parcel, was approved and built in 2000. 4. Ordinance requires the following setbacks: Front: 35' Side: 20' Garage -side: 20' Rear: 30' 5. On March 25, 2024, Ivan Foxcroft submitted Variance Application to allow encroachment into the font yard setback by 16-feet (a proposed setback of 19-feet) and side yard setback by 10-feet (a proposed setback of 10-feet). 6. On April 23, 2024, the Board of Adjustments reviewed the Variance Application. The Board received testimony from staff, the applicant and neighboring residents regarding impacts to the neighborhood that may or may not occur if the Variances were granted. 7. Elk River City Code states that in order for a Variance to be granted, the request must meet the five criteria outlined in Sec. 30-635. — Variances; a. A variance may be granted by the board only if it finds that: (1) The variance is in harmony with the general purpose and intent of the ordinance. (2) The variance is consistent with the City of Elk River comprehensive plan. b. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: (1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance;