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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 />City Council <br />Item Number <br />7.2 <br /> <br />Meeting Date <br />November 17, 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 />Cal Portner <br />Tina Allard <br /> <br />Action Requested <br />Direct staff to draft a resolution making findings of fact, denying the side yard setback variance, as the <br />standards for approval, as noted below, are not met. The City Council would consider the resolution on <br />December 1, 2025. <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 />Or, <br /> <br />If the City Council disagrees with the Board of Adjustments' decision and the standards for approval have <br />been met, the Council can approve the variance, and staff would recommend a condition of approval that the <br />existing non-conforming deck, when rebuilt, would need to stay out of the easement, which the applicant <br />would be willing to do. <br /> <br /> <br />Background/Discussion <br />The applicant has requested a variance to allow the construction of a new deck, which would increase the size <br />of the existing, nonconforming deck at 19072 Baldwin Street NW. The proposed additional deck would <br />encroach further into the required side yard setback than what is permitted by the city code. The applicant <br />cites the lot configuration and existing home placement as limiting factors in meeting the standard setback <br />requirement. <br />Page 167 of 379