4.2 BASR 10-25-2016Request 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.
Variances may be granted when the petitioner establishes that there are practical difficulties in complying
with the zoning ordinance. Practical difficulties means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the honing ordinance;
Although decks are permitted on residentially zoned property and the desire to build a deck
is reasonable, the desire to deviate from the setbacks, while other compliant options are
available, is not reasonable.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's
own action or inaction; and
The applicant indicated they are new to the home building process and were not given clear
and concise information from their builder and were not aware of the required setbacks.
They did have an initial design with a deck on the west side of the house, which would have
met ordinance, but due to their desire to have more windows on the west side, they had the
design changed to have the deck door in its current location. There is the opportunity of
having a deck in the general location of where they are proposing while meeting the setback
requirements and having minimal impact on the windows.
5. The variance, ifgranted, Yrill not alter the essential character of the locality.
The essential character of the locale will not be altered.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by November 4, 2016, this item will go to the
November 21, 20161 City Council meeting.
Attachments
■ Location Map
■ Applicants Narrative
■ Site Plan
■ Plans
■ Staff Option
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We would like to add a 12x16 deck on our home. It would be a simple rectangle with no
steps. We are asking for less than 4 feet of variance (on the 12 ft. side). We feel that a
12x16 deck is not extraordinarily huge for the size of our home and would not conflict
with the property owners on either side of us. The lot to our right has been for sale for
more than a year and more than likely will be a two story.
Mike and I both love the outdoors, however our house faces the east and it gets
extremely hot in the summer and we are unable to sit outside. The sliding door for a
deck is on the back side and the much cooler side of the house.
It is not possible to build a deck on any other side of the home except where we are
requesting. An 8 ft. wide deck is impractical for us as far as usage.
We were ignorant of home building and were not given clear and consice information
from our builder. After living in the Corcoran area for over 32 years on an acre+ lot, we
didn't even know or were informed of setback rules. Our first plan had the deck going
straight out the back, but when we changed the layout to have more windows there and
move the door to the side, deck restrictions never came up.
Approval of the variance would allow us to construct a deck that would be reasonably
consistent with other decks in our neighborhood. It would also be more desirable to live
in for us and for future potential owners.
Thank you for your time.
Mike and Rosie Reger
19538 Albany St. NW
Elk River, MN 55330
763-213-2965 Mike
612-868-4470 Rosie
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