4.1 BASR 07-25-2017Request for Action
ver
To
Item Number
Board of Adjustments
4.1
Agenda Section
Meeting Date
Prepared by
Public Hearin
July 25, 2017
Chris Leeseber , Senior Planner
Item Description
Reviewed by
James Witzman — 550 Jefferson Lane NW
Zack Carlton, Planning Manager
■ Variance to reduce the front yard setback to
Reviewed by
construct a deck, Case No. V 17 -03
Action Requested
Approve by motion, the front yard setback variance for the following reasons:
1. The general purpose and intent of the ordinance are met.
2. The property has a land use of residential and the use is consistent with the comprehensive plan.
3. The proposed use is reasonable and is permitted in the zoning ordinance.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of
the petitioners own action or inaction.
5. The variance will not alter the essential character of the locality.
Background /Discussion
The house was built in 1987 and the applicant wishes to replace the deck on the rear side of their home,
which was constructed prior to them purchasing the home. They would also like to square it off as to
make it more useful. The subject parcel is encumbered with three front yard setbacks. The cul -de -sac
cutting off the southern corner of the property creates the unique third front property line resulting in the
need for a variance.
The applicant is seeking a rear yard setback variance to rebuild a 12' x 24' deck on the rear side of their
house.
The property is located at 550 Jefferson Lane and is zoned Mixed Use Elk River Plaza (MU -ERP) with
setback as follows:
Front: 25 feet (this property has three front property lines)
Side: 6 feet
Garage: 8 feet
Rear: 6 feet
Applicable Regulation
(The applicant's responses are italicized with staffs notes after.)
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
p 0 W I R 1 0 B Y
I Is lWREE
Is only required due to the impact of the additional setback related to the cul -de -sac on the Soutbeast corner of the
property.
The intent of setbacks is to provide reasonable distances between structures as well as have
uniformed setbacks from front property lines. The subject parcel is encumbered with three
front yard setbacks. The structure meets the front yard setback requirements on the two true
streets sides of subject parcel. The rear yard of this parcel is reduced in size by a portion of the
Roosevelt Circle cul -de -sac and results in requiring the 25 foot setback versus a six foot setback.
The general purpose and intent of the ordinance are met.
2. Is consistent with the City of Elk River comprehensive plan.
The variance area requested is minimal and sbould be consistent witb the existing plan.
The parcel is guided residential and the variance is consistent with the City of Elk River
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 zoning
ordinance;
ire are asking permission to replace the original deck that existed wben the property was pumbased and at the
same time square is off as to make it more useful and aestbetically matcb the otber decks in the neighborhood.
The applicant wishes to rebuild a deck on the rear side of their residential home. This is a
reasonable request for a residentially zoned property.
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 setback related to the cul -de -sac is unique to our proper
y. ilitbout the cul -de -sac, the deck would be fully
witbin the normal setback requirements.
The plight of the petitioner is due to circumstances unique to the property. The subject parcel
is encumbered with three front yard setbacks. The cul -de -sac cutting off the southern corner of
the property creates the unique third front property line. If the properties rear yard was not
reduced in size by a portion of the Roosevelt Circle cul -de -sac the deck could be rebuilt without
a variance.
5. The variance, if granted, will not alter the essential character of the locality.
This is true. ile only wisb to replace the deck that already existed and was taken dozen due to safety issues.
There currently is a similar deck in in same location of the proposed new deck. The variance, if
granted, will not alter the essential character of the locality.
Financial Impact
?None
N:\Departfnents\CofnmunityDevelopment\Plmning\Cose Files \V\V 17 -03 James Witzman \4 -Board of Adjustments \V 17 -03 PC 7 -25 -17 sr.docx
Council Meeting
If denied, or an appeal is made by any interested party by August 4, 2017, this item will go to the August
21, 2017, City Council meeting.
Attachments
• Location Map
• Applicants Narrative
• Aerial
• Site Plan
N:\Departfnents\CofnmunityDevelopment\Plmning\Cose Files \V\V 17 -03 James Witzman \4 -Board of Adjustments \V 17 -03 PC 7 -25 -17 sr.docx
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James & Deborah Witzman
550 Jefferson LN NW, Elk River, MN. 5533-
763- 243 -3006 james.witzman @charter.net
June 2, 2017
Mr. Leeseberg
City of Elk River Planning Department
13065 Orono Parkway
Elk River, MN. 55330
Dear Mr. Leeseberg,
Attached, please find our Application for a Variance to our permit request to replace our
existing deck with a new one.
The existing deck existed at the time of the property purchase. Based on recent discoveries, the
deck was not permitted, nor built to code.
The southwest side of the deck (shown on the left) was a partial 12' x24' (missing approx. a 6'x8'
section). We are asking for the ability to square off the deck (shown on the right) to a full 12' x
24'.
Sincerely,
�;;7
James & Deborah Witzman
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