4.2 BASR 10-25-2016 - Laserfiche WebLink

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Request for Action To Item Number Board of Adjustments 14.2 Agenda Section Meeting Date I Prepared by Public Hearing October 25, 2016 Chris Leeseber , Senior Planner Item Description Reviewed by Michael & Rosie Reger —19538 Albany Street NW Zack Carlton, Planning Manager ■ Setback Variance, Case No. V 16-13 Reviewed by Action Requested Deny, by motion, the side yard setback variance for the following reasons: 1. The general purpose and intent of the ordinance are not met. 3. The proposed use is not reasonable as there is the ability to have a deck while meeting ordinance requirements. 4. The plight of the petitioner is due to the petitioners own action. Background/Discussion The property is located at 19538 Albany Street and is zoned Single Family Residential (111-c) with setl�acks as follows: Front: 30 feet Side: 10 feet (they are requesting a reduced setback to 6.21 feet) Garage: 5 feet Rear: 20 feet The applicant is seeking a variance to construct a 12' x 16' deck on the northwest corner of their home. Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The general purpose and intent of side yard setbacks is to keep structures reasonably separated. In this case, requiring 10 foot side yard setbacks on both properties provides at least 20 feet between homes. The applicant is requesting their setback be reduced almost in half. The general purpose and intent are not met. 2. Is consistent with the City of Elk River comprehensive plan. The property is guided for residential and decks are allowed in residential districts. It is consistent with the comprehensive plan.