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Request for Action <br /> <br /> <br /> <br /> <br /> <br />To Item Number <br />Board of Adjustments 5.2 <br />Agenda Section Meeting Date Prepared by <br />Public Hearings August 23, 2022 Chris Leeseberg, Senior Planner <br />Item Description Reviewed by <br />James M. Barthel, Trustee of the Maxine Zack Carlton, Community Development Director <br />Barthel Disclaimer Trust, 17801 Joplin St. NW <br />Reviewed by <br /> Front Yard and Building Setback Variance, <br />Mark Pistulka, Building Official <br />Case No. V 22-12 <br /> <br />Action Requested <br />Approve, by motion, the side yard and building setback variances for <br />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 <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 />and; <br />with the following conditions: <br />1. The drain field shall maintain a minimum of 5 feet from the <br />west property line and 4.5 feet from the detached accessory <br />structure. <br /> <br />Background/Discussion <br />The subject property requires a new drain field to be installed and the <br />only place it can be located is in the same location of the existing drain <br />field (field) which is currently located too close to the west property <br />line and the detached accessory structure (shed). It is not known why <br />the existing field was previously allowed in this location. The area located just east of the shed is too low and not <br />suitable for a field. <br /> <br />The subject parcel, located on the Mississippi River, is 1.14 acres in size and the field setback requirements are 10’ <br />from property lines and 20’ from structures. <br /> <br />To install the new field, the property requires a setback variance from both the west side property line and the <br />shed. The field needs to be about 7’ from the property line (10’ required) and 4.5’ from the shed (20’ required). <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 />