4.3 BASR 08-13-2013 - Laserfiche WebLink

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Oty Elk Request for Action River To Item Number Board of Adjustment 4.3 Agenda Section Meeting Date Prepared by Board of Adjustment August 13, 2013 Zack Carlton,Planning Intern Item Description Reviewed by Consider request by Howard Abel for variance to Jeremy Barnhart, Deputy Director, CODD allow construction of a deck, Case No.V 13-08 Reviewed by Action Requested Approve by motion the variance request from Howard Abel. Background/Discussion Howard Abel,property owner at 21031 Elk Lake Road, has submitted a variance request to allow construction of deck with a zero foot setback. Mr.Abel owns both the subject 3.3 acre parcel and the adjacent 4.7 acre parcel. The adjacent parcel is undeveloped, and the applicant currently has no intention of selling either property or developing the vacant adjacent parcel. Mr.Abel applied for a building permit on June 26, 2013. Staff reviewed the application and determined that the proposed deck would encroach into the side setback. The required setback for the side lot line is 20 feet in the R1a zoning district. After considering all options,including reduction of the deck size, combining the lots, and a variance,Mr. Abel and the city completed a lot combination. On July 8, 2013 staff was informed by Sherburne County that the lot combination could not be processed because one property had a mortgage and the other did not. Mr. Abel contacted his bank to amend the mortgage and was informed the process would be very costly and time consuming. Variance Staff discussed the remaining options with the applicant and agreed that a variance would be the best option. The variance was applied for on July 29, 2013. A variance may be granted by the Board of Adjustments if it meets the following criteria: 1. The variance is in harmony with the general purpose and intent of the ordinance. Property setbacks are meant to maintain district consistency, ensure structures are not placed too close to one another, and provide areas for public utilities to install and access services. The applicant owns the adjacent undeveloped property.Allowing construction of a deck (generally an improvement with limited mass impact) up to the property line,in this case, would be in harmony with the general purpose and intent of the ordinance. INATUREI