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<br />The home is built on a cul-de-sac and faces a rear lot holding pond, the proposed location of the deck was <br />predetermined by the builder of the home. <br /> <br />The purpose of rear yard setbacks is to ensure there is adequate space between the back of a structure and <br />the property line, thereby maintaining a visually cohesive and attractive landscape. Since the property is <br />situated at the end of a cul-de-sac with an irregular rear property line, any deviation from uniformity is <br />unlikely to be noticeable. The request aligns with the general purpose and intent of the regulation. <br />2. Is consistent with the City of Elk River comprehensive plan. <br />The property is guided as Traditional Single-Family Residential, where houses and decks are anticipated. The proposal <br />aligns with the goals of the comprehensive plan. <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying with <br />the zoning ordinance. Practical difficulties means that: <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br /> The home was constructed as such that relocating the deck would mean a major renovation to the home and <br />significant cost to the builder and homeowners. <br /> <br />The petitioner is requesting to build a deck beyond the required rear yard setback as this is the intended <br />location based on how the home was constructed. <br />This proposal represents a reasonable use of the property that is not permitted under the current zoning <br />ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the <br />petition's own action or inaction; and <br />With the combination of the lot/home being between the cul-de-sac and the storm water holding pond, the home is <br />situated as such that makes it difficult to construct the deck within the setback limits. <br /> <br />The property’s unique characteristics include an irregular rear yard setback line, and a home constructed in <br />manner where the proposed location is the only option without significant remodeling of the existing <br />house. These characteristics are not a result of the petitioner’s own action or inaction. <br />5. The variance, if granted, will not alter the essential character of the locality. <br />The proposed deck has very good design and the placement on the home fits in well with the neighborhood. <br /> <br />Since the property is situated at the end of a cul-de-sac with an irregular rear property line, any deviation <br />from uniformity is unlikely to be noticeable. Any deviation from the setback requirements would not impact <br />the neighborhood’s character. Granting the variance will not alter the essential character of the area. <br /> <br />Financial Impact <br />None <br /> <br />Mission/Policy/Goal <br />Ethical, efficient, and responsible. <br /> <br />Attachments <br />1. Location Map <br />Page 5 of 29