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The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community <br />engagement that encourages and inspires prosperity <br />[ITEM_HEAD] <br /> <br />Request for Action <br /> <br />To <br />Board of Adjustments <br />Item Number <br />5.1 <br /> <br />Meeting Date <br />April 22, 2025 <br />Prepared By <br />Chris Leeseberg, Senior Planner <br /> <br />Item Description <br />Variance: Rear Yard Setback, Michael and Lori Long, <br />13032 196th Ct. NW <br />Reviewed by <br />Zack Carlton <br /> <br />Action Requested <br />Approve, by motion, the rear yard setback variance of 10-feet for the following reasons: <br />1. The general purpose and intent of the ordinance are met. <br />2. The property has a land use of industrial, and the use is consistent with the Comprehensive Plan. <br />3. The proposed use is reasonable and is otherwise permitted in the zoning ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the property, not a consequence of the <br />petitioner’s own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br /> <br /> <br />Background/Discussion <br />The applicant is proposing to construct an approximately 12’ x 18’ deck on the rear of the house and is <br />requesting a 10-foot variance to allow the structure to be closer to the rear property line. <br /> <br />The 0.31-acre property, zoned R1-C (Single-Family Residential), is subject to a 20-foot rear yard setback <br />requirement for structures. The house, constructed in 2024, was designed with a deck ledger board and an <br />access door positioned to accommodate a future deck in the proposed location. However, the required <br />encroachment into the setback was overlooked. <br /> <br />The requested variance would accommodate the deck while maintaining the residential character and <br />adhering to the overall intent of the zoning ordinance. <br /> <br />Applicable Regulation <br />(The applicant’s responses are italicized with staff’s notes after.) <br /> Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The variance is: <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />Page 4 of 29