4.4 BASR 08-13-2013 - Laserfiche WebLink

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i Elk ......,. Request for Action River To Item Number Board of Adjustments 4.4 Agenda Section Meeting Date Prepared by Board of Adjustments August 13, 2013 Zack Carlton,Planning Intern Item Description Reviewed by Consider request by Karl Mortensen for a variance Chris Leeseberg,Park Planner—Planner reducing the garage setback from 30 feet to 15 feet, Reviewed by Case No. V 13-06 Jeremy Barnhart,Deputy Director, CODD Action Requested Approve by motion the variance request from Karl Mortensen. Background/Discussion The applicant is requesting a variance for a 15 foot setback from a front property line in order to construct a 24 foot by 22 foot two car garage,replacing the existing one car garage. The property is a corner lot and as such has two front yards. The existing one car garage is approximately six feet from the property line along Boston Street, and is a legal non-conforming structure. Boston Street is a dead end roadway with only four other houses on the street.A minimum setback of 30 feet is required. This property did receive a variance on June 22, 1999 for the exact same request,but the project was not acted on within the initial 2 years, so the variance lapsed. They are requesting the same variance that was previously approved. 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 access for public utilities and infrastructure improvements. The proposed garage will be nine feet further from the property line than the existing garage. The new garage would be non-conforming per setbacks,but the non- conformity would be reduced (6 foot setback to 15 foot setback). The ordinance also requires garages to be at least 440 square feet in area and if approved, the proposed garage would bring the property into compliance for size. 2. The variance is consistent with the City of Elk River comprehensive plan. The variance will not affect future development or plans in the area. 3. The petitioner proposes to use the properly in a reasonable manner not permitted by the toning ordinance The applicant is in compliance with all other setbacks and the garage will be placed at least 50 feet from Lake Orono. The setback of 15 feet is reasonable and will not adversely affect adjacent property owners. rewEnto nr INATUPE