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5.2. BASR 09-25-2018 The Elk River Vision A welcoming community with revolutionary and spirited resourcefulness, exceptional service, and community engagement that encourages and inspires prosperity natural environmental lake and has a structure setback requirement of 150 feet. The Department of Natural Resources (DNR) did not comment on this application. The proposed deck location does not appear to pose any significant harm to the lakeshore or bluff. Applicable Regulation (The applicant’s responses are italicized with staff’s 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 Our single-family home is in the city of Elk River in a residential area. We would like to build the screen porch/deck facing the lake from the back of our home. The city ordinance currently is that a variance needs to be granted to build within 150ft of a lake. We would ensure the safety of ourselves and visitors when they are utilizing the porch & deck. We will not be disturbing any lakefront area or other wildlife areas to build the porch & deck. The purpose and intent of the ordinance is to prevent significant harm to the lakeshore or bluff. The proposed deck location is currently turf grass and no vegetation removal will be required. No portion of the bluff or bluff setback area will be disturbed. The lakeshore will still be protected. Erosion control methods will be required during construction to ensure health of the bluff and lakeshore. The proposed location does not cause harm to the lakeshore or bluff. 2. Is consistent with the City of Elk River comprehensive plan. Building a porch/deck off our home overlooking West Twin Lake would maintain a distinct identity. It contributes to a stronger neighborhood and may bring our neighbors closer due to a shared enjoyment of the wildlife and lake view. Our contractor will follow all proper maintenance and building guidelines to ensure safety of the porch/deck, and we will ensure the safety of our family, neighbors, and friends who may use the porch/deck over the course of time. We will be preserving and maintaining the environment, as our plans for the porch & deck do not require any trees or other wildlife areas to be disturbed. The porch/deck will help to make our family home feel more complete, therefore contributing to the overall goal of the city of Elk River feeling complete. It is consistent as the property is guided for residential and is being utilized for that. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Due to the ordinance of not building a structure within 150ft of a lake, we are applying for the variance to use our property in a reasonable manner. Our single-family home overlooks the beautiful north side of West Twin Lake, and we would like to enjoy the view of the lake and the wildlife in our backyard by building a porch/deck off the back of our home. The zoning allows residential structures with decks. The deck location is within the 150 foot setback but is also connected to the home and still over 130 feet from the OHW and N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 18-07 Bernier\\4-Board of Adjustments\\5.2 V 18-07 sr PC 9-25-18.docx approximately 80 feet from the top of the bluff. Although not a permitted use given the city ordinance, the location is reasonable. Additionally the home was built with a sliding door with the intention of adding this deck. The proposed variance is reasonable as it is in harmony with the ordinance and should not negatively impact the lake. 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 We purchased our home in December 2017. The kitchen is already equipped with sliding glass doors and is ready for the addition of a porch/deck. Upon working with a contractor to begin our porch/deck project, we learned of the city ordinance requiring a variance application when building a structure within 150ft of a lake. We as the petitioners have not done anything to contribute to the need for this application. It is simply how our home is built on our property that is requiring the application for the variance. The shoreland ordinance was adopted in 1982 and the home was built in 1997, not by the applicant. The property is unique in that this addition could not be added without requiring a variance from the city. The dimensions of the deck are reasonable and does not significantly encroach the setback. The location of the house/deck door and the lake setbacks are not due to the petition's own action or inaction. 5. The variance, if granted, will not alter the essential character of the locality. If the variance is granted, it will maintain the character of our neighborhood and the size of our current single- family home. We are not altering anything that would negatively impact those in our home or our neighbors. We feel that the porch/deck would add to the character of our property and neighborhood and allow us and others to enjoy the outdoors with fantastic views of wildlife and West Twin Lake. The house is surrounded by mature trees and secluded from any sightlines from neighboring properties. The essential character will not be altered. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by October 5, 2018, this item will go to the October 15, 2018, City Council meeting. Attachments  Location Map  Applicant’s Narrative  Site Aerial  Deck Plans (two options, applicant prefers Deck Plan “A”) N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 18-07 Bernier\\4-Board of Adjustments\\5.2 V 18-07 sr PC 9-25-18.docx Re: Variance Application Property Address: 9607 201st Ave NW Elk River, MN 55330 Property Owners: Jacob Bernier & Christine Bernier Date: August 14th, 2018 Dear Board of Adjustment and City Council, We are applying for a variance to build a screen porch/deck off the back of our single-family house in Elk River, MN. We own our home at 9607 201st Ave NW and are the petitioners of this variance. The back of our home faces the north side of West Twin Lake, and we would like to build a porch/deck to enjoy the wildlife in our yard and the view of the lake. If the variance is granted, we will not violate any part of the written condition. We understand that the variance shall become void within two years following issuance unless substantial action has been taken by the petitioner in reliance thereon. The variance is in harmony with the general purpose and intent of the ordinance. Our single-family home is in the city of Elk River in a residential area. We would like to build the screen porch/deck facing the lake from the back of our home. The city ordinance currently is that a variance needs to be granted to build within 150ft of a lake. We would ensure the safety of ourselves and visitors when they are utilizing the porch & deck. We will not be disturbing any lakefront area or other wildlife areas to build the porch & deck. The variance is consistent with the City of Elk River comprehensive plan. Building a porch/deck off our home overlooking West Twin Lake would maintain a distinct identity. It contributes to a stronger neighborhood and may bring our neighbors closer due to a shared enjoyment of the wildlife and lake view. Our contractor will follow all proper maintenance and building guidelines to ensure safety of the porch/deck, and we will ensure the safety of our family, neighbors, and friends who may use the porch/deck over the course of time. We will be preserving and maintaining the environment, as our plans for the porch & deck do not require any trees or other wildlife areas to be disturbed. The porch/deck will help to make our family home feel more complete, therefore contributing to the overall goal of the city of Elk River feeling complete. We, the petitioner, propose to use the property in a reasonable manner not permitted by the zoning ordinance. Due to the ordinance of not building a structure within 150ft of a lake, we are applying for the variance to use our property in a reasonable manner. Our single-family home overlooks the beautiful north side of West Twin Lake, and we would like to enjoy the view of the lake and the wildlife in our backyard by building a porch/deck off the back of our home. The plight of the petitioner is due to the circumstances unique to the property not a consequence of the petition’s own action or inaction. We purchased our home in December 2017. The kitchen is already equipped with sliding glass doors and is ready for the addition of a porch/deck. Upon working with a contractor to begin our porch/deck project, we learned of the city ordinance requiring a variance application when building a structure within 150ft of a lake. We as the petitioners have not done anything to contribute to the need for this application. It is simply how our home is built on our property that is requiring the application for the variance. The variance, if granted, will not alter the essential character of the locality. If the variance is granted, it will maintain the character of our neighborhood and the size of our current single- family home. We are not altering anything that would negatively impact those in our home or our neighbors. We feel that the porch/deck would add to the character of our property and neighborhood and allow us and others to enjoy the outdoors with fantastic views of wildlife and West Twin Lake. We as the petitioners and our contractor do not feel that there are any economic or practical difficulties that would inhibit the success in constructing a porch/deck off our home. In conclusion, we feel strongly that a variance should be granted so that we are able to make our single-family home feel more complete with the addition of a screen porch/deck. This will allow us to enjoy our property and lakeview on a regular basis. We will not be disturbing any wildlife by constructing the porch/deck and feel that it will bring us closer with wildlife on our own property. The project will not disturb any of our neighbors or passersby, and we hope it can be a place that our friends, family, and neighbors can also enjoy. We greatly appreciate your time and consideration. Thank you, Jacob Bernier Christine Bernier Figure 1: Proposed porch and deck location. (LEFT, south side of house) (RIGHT, east side of house)