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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 June 27, 2023 Chris Leeseberg, Senior Planner <br />Item Description Reviewed by <br />ISD 728 – Handke building – 1170 Main Street NW Zack Carlton, Community Development Director <br />Front Yard Setback Variance, Case No. V 23-05 <br />Reviewed by <br /> <br /> <br />Action Requested <br />Approve, by motion, the front yard setback variance (4-feet) for the <br />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 /> <br />Background/Discussion <br />The property is zoned R1-c (Single Family Residential) where <br />Educational Uses require a Conditional Use Permit (CUP). The <br />applicant is seeking a CUP (CU 23-15) to construct a 300 square foot <br />secure entry to the early childhood setting at the Handke Center. To <br />construct the addition, the property needs to be granted a variance. <br />The applicant is requesting a front yard setback variance (V 23-05) <br />allowing the addition to be 4.3 feet from the front property line, <br />matching the existing structure. <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 variance satisfies all five of the criteria described <br />below. The variance is: <br /> <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br /> <br />The purpose and intent of front yard setbacks is to provide uniformity of structures along a street. It is <br />common for buildings of this era, especially in downtown areas, to have been constructed to the property <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: January 2023 <br /> <br />