5.1. BASR 05-28-2019 - Laserfiche WebLink

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Request for Action To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public Hearing May 28, 2019 Chris Leeseberg, Senior Planner Item Description Reviewed by Scott Lillestrand, 12426 193rd Lane NW Zack Carlton, Planning Manager Reviewed by  2.5’ side yard setback variance to construct a deck, Case No. V 19-02 Action Requested Deny, by motion, the side yard setback variance for the following reason: 1. Is not in harmony with the general purpose and intent of the ordinance. 2. The plight of the petitioner is not due to circumstances unique to the property, and is a consequence of the petitioners own action or inaction. The deck design and/or location can be changed to meet the setback requirements. Background/Discussion The property is located at 12426 193rd Lane NW and is zoned R1c with setbacks as follows: Front: 30 feet Side: 10 feet Garage: 5 feet Rear: 20 feet The applicant is seeking a variance to construct a deck 2.5 feet within the 10 foot side yard setback. Applicable Regulation (The applicant’s responses are italicized with staff’s notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The general purpose and intent of side yard setbacks is to keep structures reasonably separated for safety and aesthetic reasons. The garage side setback requirement is 5-feet. Currently, the garage of my home is 5.5-feet from the side property line. The proposed variance request would place the new deck construction 7.5-feet from the property line. That is 2-feet further away from the property line than the existing garage. This new addition would not further encumber access to the side yard as the garage is already at a 2-foot shorter distance to the lot line than the proposed deck construction location. In theory, the garage could be extended further into the back yard at 5-feet from the property line without issue. A deck would be far less imposing to the general purpose and intent of this ordinance and I would conclude that it would be safer as well. One could also conjecture that a deck is also better than a garage aesthetically speaking. There are no utilities located in the area of the proposed deck construction. The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity