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Request for Action <br />ver <br />To <br />Item Number <br />Board of Adjustments <br />4.1 <br />Agenda Section <br />Meeting Date <br />Prepared by <br />Public Hearin <br />May 23, 2017 <br />Chris Leeseber , Senior Planner <br />Item Description <br />Reviewed by <br />Robb & Carol Gass — 20701 Elk Lake Road NW <br />Zack Carlton, Planning Manager <br />■ Side Yard Setback Variances, Case No. V 17 -01 <br />Reviewed by <br />Action Requested <br />Approve, by motion, a 13 foot side yard setback variance for the following reasons: <br />1. The general purpose and intent of the ordinance are met. <br />2. The property has a land use of residential and the use is consistent with the comprehensive plan. <br />3. The proposed use is reasonable and is permitted in the zoning ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of <br />the petitioners own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br />Background /Discussion <br />Case No. V 17 -01 <br />The property is located at 20701 Elk Lake Rd and is zoned R1 -a (single family residential) with setbacks <br />as follows: <br />Front: 35 feet (this property is a corner lot which has two front property lines) <br />Side: 20 feet <br />Garage: 20 feet <br />Rear: 30 feet <br />The applicant is proposing to split the property into two parcels, one new buildable lot, and one lot for <br />the existing home and accessory structures. The proposed buildable parcel (B) is 18+ acres in size and <br />the parcel (A) will be 2.5 acres in size. Approximately .34 acres will be dedicated as road right -of -way. <br />The applicant is seeking a variance to plat side property lines 7.9 feet away from an existing accessory <br />structure, requiring a 12.1 foot variance. <br />Applicable Regulation <br />(The applicant's responses are italicized with staffs notes after.) <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 purpose and intent of the ordinance, and <br />Current setbacks are intended to keep structure spaced at a reasonable distance. The new setback mill allow a <br />reasonable distance for the new driveway and still serve the general intent of the ordinance. <br />PV0WIR10 In r <br />1A Rt <br />