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5.1. BASR 08-23-2022
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5.1. BASR 08-23-2022
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8/18/2022 11:33:03 AM
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City Government
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8/23/2022
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<br />Request for Action <br /> <br /> <br /> <br /> <br /> <br />To Item Number <br />Board of Adjustments 5.1 <br />Agenda Section Meeting Date Prepared by <br />Public Hearings August 23, 2022 Chris Leeseberg, Senior Planner <br />Item Description Reviewed by <br />Karin Filip- 15488 Fillmore St. NW Zack Carlton, Community Development Director <br />Setback variance to build a pool (20’ river <br />Reviewed by <br />setback), Case No. V 22-07 ~ continued from July <br />Suzanne Fischer, Environmental Services/Special Projects <br />26, 2022 <br />Director <br /> <br />Action Requested <br />Approve, by motion, the river 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 residential land use that is consistent with <br />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 />Background/Discussion <br />The applicant is requesting variances to the side yard and river setbacks <br />for a deck and pool. The pool and deck were installed without being <br />permitted, as determined during a site inspection for the pool heater <br />gas line in the fall of 2021. The applicant retroactively applied for the <br />permit per the inspector’s instructions. During the plan review process <br />for the permits, staff discovered the setback issues for both the pool <br />and deck permits. <br />The following are the setback requirements: <br /> <br /> Pool Deck <br />Side 8’ 15’ <br />River 100’ 100’ <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 />
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