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Request for Action <br /> <br /> <br />To Item Number <br />Board of Adjustments 5.1 <br />Agenda Section Meeting Date Prepared by <br />Public Hearings April 28, 2020 Chris Leeseberg, Senior Planner <br />Item Description Reviewed by <br />Robert Jahn – 18111 Concord Cir. NW Zack Carlton, Planning Manager <br />5’ Front Yard Setback Variance, Case No. V 20-01 <br />Reviewed by <br /> <br /> <br />Action Requested <br />Approve, by motion, the 5’ front yard setback variance as the following criteria, required for approval, are <br />satisfied: <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 <br />consistent with the comprehensive plan. <br />3. The proposed use is reasonable and is permitted in the <br />zoning ordinance. <br />4. The plight of the petitioner is due to circumstances unique to <br />the property not a consequence of the petitioner’s own <br />action or inaction. <br />5. The variance will not alter the essential character of the <br />locality. <br /> <br />Background/Discussion <br />The applicant will be constructing a new home on the subject parcel <br />and is requesting a 5’ front yard setback variance to gain more <br />useable space from the bluff line in the backyard. The subject <br />property is zoned R1b with a front yard setback of 35’ while the <br />property adjacent, to the south, is zoned R1c with a front yard <br />setback of 30’. The property to the north is currently vacant. <br /> <br />Applicable Regulation <br />(The applicant’s responses are italicized with staff’s notes after.) <br />Variances may be granted when the petitioner establishes that the <br />variance satisfies all five of the criteria described below. The <br />variance is: <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />Yes, other setbacks for homes on the street are at 30' from the street <br /> <br />The general purpose and intent of the ordinance is to provide for the orderly development of land <br />while maintaining consistent setbacks of structures. Approving a 5-foot variance will maintain <br />consistent setbacks. <br /> <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br />service, and community engagement that encourages and inspires prosperity <br />