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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 /> <br />Request for Action <br /> <br />To <br />Board of Adjustments <br />Item Number <br />5.1 <br /> <br />Meeting Date <br />October 28, 2025 <br />Prepared By <br />Chris Leeseberg, Senior Planner <br /> <br />Item Description <br />Variance: Side Yard Setback, Tim St. Claire - 19072 <br />Baldwin St NW <br />Reviewed by <br />Zack Carlton <br /> <br />Action Requested <br />Deny, by motion, the proposed variance to permit encroachment into the side yard setback, allowing <br />construction of a deck, as the following standards have not been satisfied: <br />1. Not maintaining adequate separation between structures for safety, access, neighborhood consistency, <br />and utility needs does not meet the general purpose and intent of the ordinance. <br />2. The property is guided for residential uses which includes decks, and the property is currently <br />improved with a home and deck that provide reasonable residential use. <br />3. Expanding the deck can also be accomplished without requiring a variance but expanding the <br />nonconformity is not necessary to allow reasonable use of the property. <br />4. The lot configuration and existing house placement are not unique among properties in this <br />neighborhood. Many nearby homes have similar layouts and conforming decks within the required <br />setbacks. <br />5. Enlarging the deck to encroach further into the setback could disrupt the established pattern of <br />separation between structures, potentially altering the visual and spatial character of the area. <br /> <br /> <br /> <br />Background/Discussion <br />The applicant is requesting a variance to allow construction of a new deck which increases the size of the <br />existing, non-conforming, deck at 19072 Baldwin Street NW. The proposed deck would encroach further into <br />the required side yard setback than what is permitted by city code. The applicant cites the lot configuration <br />and existing home placement as limiting factors in meeting the standard setback requirement. <br /> <br />The subject property is a residential lot located within a developed neighborhood with an existing deck that is <br />considered a legal nonconforming structure. The applicant proposes to replace, and enlarge, the existing deck <br />with portions of the deck proposed to be 4-feet and 5.5-feet away from the property line, resulting in an <br />increased encroachment into the required side yard setback of 10-feet. There is also a 5-foot drainage and <br />utility easement along the property line. <br /> <br />The zoning regulations allow maintenance or replacement of a legal nonconforming structure but prohibit <br />expansion of nonconformity unless a variance is granted. <br />Page 6 of 83