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Cit of <br /> r1 Request for Action <br /> River <br /> To Item Number <br /> Board of Adjustments 4.2 <br /> Agenda Section Meeting Date Prepared by <br /> Public Hearing October 25, 2016 Chris Leeseberg, Senior Planner <br /> Item Description Reviewed by <br /> Michael&Rosie Reger— 19538 Albany Street NW Zack Carlton,Planning Manager <br /> • Setback Variance,Case No. V 16-13 Reviewed by <br /> Action Requested <br /> Deny,by motion, the side yard setback variance for the following reasons: <br /> 1. The general purpose and intent of the ordinance are not met. <br /> 3. The proposed use is not reasonable as there is the ability to have a deck while meeting ordinance <br /> requirements. <br /> 4. The plight of the petitioner is due to the petitioners own action. <br /> Background/Discussion <br /> The property is located at 19538 Albany Street and is zoned Single Family Residential (Ri-c) with <br /> se4acks as follows: <br /> Front: 30 feet <br /> Side: 10 feet (they are requesting a reduced setback to 6.21 feet) <br /> Garage: 5 feet <br /> Rear: 20 feet <br /> The applicant is seeking a variance to construct a 12'x 16' deck on the northwest corner of their home. <br /> Applicable Regulation <br /> Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br /> described below. The variance is: <br /> 1. Is in harmony with the general pi/pore and intent of the ordinance, and <br /> The general purpose and intent of side yard setbacks is to keep structures reasonably <br /> separated. In this case,requiring 10 foot side yard setbacks on both properties provides at <br /> least 20 feet between homes. The applicant is requesting their setback be reduced almost in <br /> half. The general purpose and intent are not met. <br /> 2. Is consistent with the City of Elk River comprehensive plan. <br /> The property is guided for residential and decks are allowed in residential districts. It is <br /> consistent with the comprehensive plan. <br /> V O I E R E I I T <br /> NATURE <br />