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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 />July 25, 2017 <br />Chris Leeseber , Senior Planner <br />Item Description <br />Reviewed by <br />James Witzman — 550 Jefferson Lane NW <br />Zack Carlton, Planning Manager <br />■ Variance to reduce the front yard setback to <br />Reviewed by <br />construct a deck, Case No. V 17 -03 <br />Action Requested <br />Approve by motion, the front 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 />The house was built in 1987 and the applicant wishes to replace the deck on the rear side of their home, <br />which was constructed prior to them purchasing the home. They would also like to square it off as to <br />make it more useful. The subject parcel is encumbered with three front yard setbacks. The cul -de -sac <br />cutting off the southern corner of the property creates the unique third front property line resulting in the <br />need for a variance. <br />The applicant is seeking a rear yard setback variance to rebuild a 12' x 24' deck on the rear side of their <br />house. <br />The property is located at 550 Jefferson Lane and is zoned Mixed Use Elk River Plaza (MU -ERP) with <br />setback as follows: <br />Front: 25 feet (this property has three front property lines) <br />Side: 6 feet <br />Garage: 8 feet <br />Rear: 6 feet <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 />p 0 W I R 1 0 B Y <br />I Is lWREE <br />