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Request for Action <br /> <br /> <br /> <br /> <br /> <br />To Item Number <br />Board of Adjustments 5.3 <br />Agenda Section Meeting Date Prepared by <br />Public Hearings June 28, 2022 Chris Leeseberg, Senior Planner <br />Item Description Reviewed by <br />Nathan Hunter – 13099 181st Drive NW Jennifer Green, Sr. Administrative Assistant <br />25’ Rear Yard Setback Variance to allow <br />Reviewed by <br />installation of a swimming pool, Case No. V 22- <br /> <br />08 <br /> <br />Action Requested <br />Approve, by motion, the front yard setback variance for the following <br />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 <br />consistent with the comprehensive plan. <br />3. The proposed use is reasonable and is permitted in the zoning <br />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 action <br />or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br />with the following condition: <br />1. The front yard setback, for pool and deck purposes, shall be <br />reduced to 10 feet on the County Road 30 side of the subject <br />property. <br /> <br />Background/Discussion <br />The subject parcel is 0.35 acres in size and is zoned R1b where pool <br />setbacks are 35’ from the front property line and 8’ from the remaining <br />property lines. Because the parcel has street frontage on two sides, it is <br />subject to two front yard setbacks. This results in the “back yard” <br />being regulated by the 35’ setback also, which leaves only about 18’ of useable/buildable space between the back <br />of the house and the setback line. The “rear” property line of the subject parcel is approximately 30 feet from the <br />edge of the county road and there is a 10-foot easement along the northern property line. <br /> <br />Applicable Regulation <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described <br />below. The variance is: <br /> <br />The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional <br /> <br />service, and community engagement that encourages and inspires prosperity. <br /> Updated: August 2020 <br />