7.4. SR 05-20-1996 - Laserfiche WebLink

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'qty of E TO: FROM: DATE: MEMORANDUM Mayor and City Council Kendra Lindahl, Zoning Assistant~,' May 20, 1996 SUBJECT: Findings for V 96-03 Staff and the Planning Commission believe this request meets the five conditions required for a variance. We recommend that the City Council approve this variance to allow a 5 foot side yard setback and a 28 foot front yard setback, based on the following findings: Enforcement of the ordinance would cause undo hardship because of the fact that the existing 30 foot front yard setback would not allow the applicant to build a usable deck area and still save the mature tree in the front yard. o The hardship is caused by the existence of an underground stream running through the property and requiring the home to crowd the western lot line. When the home was built and plans were made for a twelve foot deck on the west side, the side yard setback was 5 feet. Additionally, hardship is caused by the potential loss of a mature tree in the front yard. Literal application will deprive the applicant of rights enjoyed by the other homes in the neighborhood which were completed with 5 foot side yard setbacks. The special conditions and circumstances are not a result of the apphcants action or inaction. The underground stream required that the house crowd the western property line, and the side yard setbacks were 5 feet at the time of construction. Furthermore, in order to incorporate the mature tree into the deck design, the applicant must encroach two feet into the front yard setback. The variance will not be detrimental to the health, safety and welfare of the neighborhood, and is in keeping with the spirit and intent of the ordinance. 13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · (612) 441-7420 · Fax: (612) 441-7425