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The Elk River Vision <br />A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community <br />engagement that encourages and inspires prosperity <br />Request for Action <br />To <br />Board of Adjustments <br />Item Number <br />5.1 <br />Meeting Date <br />April 23, 2024 <br />Prepared By <br />Chris Leeseberg, Senior Planner <br />Item Description <br />Variance Request: Ivan Foxcroft - 20055 Polk Street <br />NW <br />Reviewed by: <br />Zack Carlton <br />Action Requested <br />Deny, by motion, the front and side yard setback variance for the following reasons: <br />1. The general purpose and intent of the ordinance is not met. <br />2. A garage closer to the street than the other homes/garages on that street will alter the essential <br />character of the locality. <br />Background/Discussion <br />The property is zoned Panned Unit Development (PUD) which has the following setbacks from property <br />lines: <br />Front: 35’ <br />Side: 20’ <br />Garage-side: 20’ <br />Rear: 30’ <br />The applicant is requesting a variance to extend 16 feet past the front setback and 10 feet past the side <br />setback of the property. <br />Public Hearing <br />Staff received two letters of support for the requested variance. One of the property owners is directly <br />adjacent to the subject property on the side that the encroachments would occur. They think the proposal <br />looks fantastic and the aesthetic is in keeping with the rest of the subject property and will be an excellent <br />addition to the neighborhood. It also would provide additional privacy to the pool area behind their own <br />house. The other property owner does not feel it will affect the character of the neighborhood. <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 <br />described below. The variance is: <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />Page 5 of 14Page 89 of 464