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Request for Action <br />To <br />Item Number <br />Board of Adjustments <br />5.1 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearings <br />August 23, 2022 <br />Chris Leeseber , Senior Planner <br />Item Description <br />Reviewed by <br />Karin Filip- 15488 Fillmore St. NW <br />Zack Carlton, Community Development Director <br />Setback variance to build a pool (20' river <br />Reviewed by <br />setback), Case No. V 22-07 — continued from July <br />Suzanne Fischer, Environmental Services/Special Projects <br />26, 2022 <br />Director <br />Action Requested <br />Approve, by motion, the river setback variance for the following <br />reasons: <br />1. The general purpose and intent of the ordinance are met. <br />2. The property has a residential land use that is consistent with <br />the Comprehensive Plan. <br />3. The proposed use is reasonable and is permitted in the zoning <br />ordinance. <br />4. The plight of the petitioner is due to circumstances unique to <br />the property not a consequence of the petitioner's own action <br />or inaction. <br />5. The variance will not alter the essential character of the locality <br />Background/Discussion <br />The applicant is requesting variances to the side yard and river setbacks <br />for a deck and pool. The pool and deck were installed without being <br />permitted, as determined during a site inspection for the pool heater <br />gas line in the fall of 2021. The applicant retroactively applied for the <br />permit per the inspector's instructions. During the plan review process <br />for the permits, staff discovered the setback issues for both the pool <br />and deck permits. <br />Figure I <br />The following are the setback requirements: <br />Pool <br />Deck <br />Side <br />8' <br />15' <br />River <br />100, <br />100, <br />The Elk River Vision <br />A n elcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperity. <br />P I I E I E 0 IY <br />NATURE <br />Updated. August 2020 <br />