5.1 SR 06-03-2024 - Laserfiche WebLink

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The addition, in its proposed form, will be more aesthetically pleasing than other options available within the setback criteria. The proposed structure will still be 31.5 feet from the bituminous curb and 16.5 feet from my property line. The purpose and intent of front yard setbacks is to ensure that buildings are not constructed too close to the street, helping maintain a visually pleasing streetscape with uniformity of structures along a street. 2. Is consistent with the City of Elk River comprehensive plan. The property is guided for residential, and accessory structures are allowed in residential districts and is consistent with the Elk River comprehensive plan. The property is guided as Traditional Single Family Residential. The suburban residential 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. The district should accommodate single-family attached, townhomes, and duplexes which have varying setbacks, in some cases down to zero. While the proposal does not meet the ordinance, it is consistent with the 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; I think this addition does put the land to reasonable use. In addition, it will create additional privacy for my neighbor and I to the rear of our current properties. As the staff site plan exhibit shows, most of the property is encumbered by easements, setbacks, the drain field, the well, and a change in topography. The only location for a structure is on either side of the house/garage and to be allowed the square footage this size of lot can typically support, encroachments into the front yard would be required. While a small accessory structure meeting setbacks could be built, the property owner is trying to utilize his property to its allowed potential, the same as other property owners in the neighborhood can, which the applicant believes is reasonable. 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 practical difficulty with my parcel of land is as follows: o A large percentage of the land to the rear of the property is wetland with a 20’ setback. o The location of my septic tanks and septic drainage field and the 20’ setback to these. o The acute slope to the side of the property and location of my water well on that slope. These factors limit the options available to me and make the proposed area for construction my only viable option. The property owner bought the property in 2018 in its current configuration with the location of the well, wetland, and septic drain field already in place. These plights are not a consequence of the petitioner's own action or inaction. 5. The variance, if granted, will not alter the essential character of the locality. If anything, I feel it will add to the essential character of the locality. If approved, the proposed structure will allow the garage door to be at a 90-degree angle to the current garage doors, Page 6 of 14Page 78 of 464