Laserfiche WebLink
City of <br />Elk - <br />River <br />To <br />City Council <br />Meeting Date <br />May 20, 2024 <br />Item Description <br />Variance: Ivan Foxcroft - 20055 Polk Street NW <br />Request for Action <br />Item Number <br />7.2 <br />Prepared By <br />Chris Leeseberg, Senior Planner <br />Reviewed by: <br />Zack Carlton <br />Cal Portner <br />Tina Allard <br />Action Requested <br />Hold the public hearing and direct, by motion, staff to prepare a finding of fact denying the variance and return <br />to the next available Regular City Council Meeting. <br />Background/Discussion <br />(Case No. V 24-02) <br />The property is zoned Planned Unit Development (PUD) with the following setbacks from property lines: <br />Front: 35 feet, Side: 20 feet, and Rear: 30 feet. The applicant is requesting a variance to extend 16 feet past <br />the front setback and 10 feet past the side setback of the property. The attached staff report to the Board of <br />Adjustments outlines the five criteria for approval of a variance. The applicant's responses are italicized with <br />staffs comments after. <br />An initial motion was made to approve the variance that failed by a 2-3 vote. A second motion was made to <br />deny the variance based on setting precedence, general purpose, and intent are not met, altering the essential <br />charter of the locale, and an addition while smaller, could be added without a variance. The Board of <br />Adjustments denied the variance on April 23, 2024, by a 3-2 vote. As the variance was denied, it was <br />automatically appealed to the City Council for their consideration. <br />No one spoke against the request during the public hearing. Included with the Board of Adjustments staff <br />report are two letters of support, one from the property owner directly adjacent to the subject property on <br />the side where the encroachments would occur. <br />Since the Board of Adjustments meeting, the applicant shared with staff an alternative plan he will likely build if <br />he is not granted the variance. The new plan meets setbacks but does involve the relocation of the well. <br />Financial Impact <br />None <br />Mission/Policy/Goal <br />The Elk River Vision <br />A avelcoming community with revolutionary and spirited resourcefulness, exceptional service, and community p p W E R E U A Y <br />engagement that encourages and inspires prosperity <br />430 <br />