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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 />Planning Items <br />April 28, 2015 <br />Chris Leeseber , Park Planner - Planner <br />Item Description <br />Reviewed by <br />Request by Mathew Mellenthin for a 5 -ft. side yard <br />setback variance in order to construct a garage, <br />le rem Barnhart, Deputy Director, CODD <br />Reviewed by <br />14148 202nd Ave. NW, Case No. V 15 -05 — Public <br />Hearin <br />Action Requested <br />By motion, approve, approve with conditions, or deny each of the five criteria for the proposed variance <br />for the following: <br />1. A side yard setback variance of five (5) feet. <br />If the Board of Adjustments finds that the request does not meet a criterion for a variance, specific <br />reason(s) shall be stated for each of the criteria. <br />If one or more of the criteria are denied by motion, the request needs to be denied. <br />If the Board of Adjustments denies the request or an appeal is made by any interested party by May 8, <br />2015, the application will automatically be forwarded to the City Council for consideration. That meeting <br />will be held on Monday, May 18, 2015, at 6:00 p.m. <br />Overview <br />The applicant proposes to construct an 816 square foot garage to store belongings. They are requesting a <br />5 foot setback variance in order to twist the garage footprint to avoid two mature trees. The topography <br />of the property and vegetation are restricting the areas the garage can be built. <br />Applicable Regulation <br />Below are the applicant's responses to the variance criteria. <br />Variances may be granted when the petitioner establishes that the variance: <br />7. Is in harmony with the general purpose and intent of the ordinance, and <br />The general intent is to promote uniformity of setbacks and keep structures from being too <br />close to neighboring property. Given the secluded wooded nature of our property, the <br />neighbor's acceptance of the variance, and the proposed distance from the neighboring <br />house, we feel the variance is in harmony with the purpose and intent. <br />2. Is consistent with the City of Elk River comprehensive plan. <br />P 0 M E R E 0 R F <br />NAT* UR <br />