5.1. BASR 06-25-2019
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
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 if for the separation of property/uses for
aesthetic, privacy, and safety reasons. Principal structure setbacks are in place to keep habitable
spaces separated at least 20 feet (in this case) from one another. The porch, as submitted, would
be approximately 35-feet from the neighboring house and approximately 17-feet from the
neighboring garage. While the current configuration of the lots separates the uses, that can change
and so can the owners of both properties.
2. Is consistent with the City of Elk River comprehensive plan.
The property is guided for residential uses and porches are allowed in residential districts. The use
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 zoning
ordinance;
While having a porch is a reasonable use in the zoning district, encroaching into the required 10-
foot side yard setback by 50% is not a reasonable use.
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 purchased the property in 2004 with its current floor plan. The home was
constructed with a door on the west side of the house to access the outside. The change in
elevation from the main floor to the yard is not practical for a patio suggesting the intent was to
have a deck. In addition, as the applicant stated in their narrative, the property is surrounded on
three sides by city streets and a county road. An approximately 6-foot wide by 40-foot deck could
be constructed without the need for a variance. While the door placement and streets are not a
consequence of the petition's own action or inaction, they are not unique circumstances.
5. The variance, if granted, will not alter the essential character of the locality.
Decks on homes are an allowed use but the essential character (consistent setbacks) of the locality
could be altered as habitable uses encroach into the side yard setback. The character of a
backyard/side yard area, where a certain level of privacy is expected, in a single-family zoning
district would be altered.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by July 5, 2019, this item will go to the July 23,
2019, City Council meeting.
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Attachments
Location Map
Applicant’s Narrative
Support Letter from Neighbor
Survey Overlay
Site Photos
N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-04 Lange\\4-Board of Adjustments\\5.1. PCSR 06-25-2019.docx
1
Leeseberg, Chris
From:Shauna <scmzbr@gmail.com>
Sent:Friday, May 31, 2019 7:26 PM
To:Leeseberg, Chris
Cc:Cara Lange; Jeffrey Skeens
Subject:[EXTERNAL] Cara Lange Screen porch
May 30, 2019
To Whom It May Concern,
We, Jeff & Shauna Skeens, live at 134__ 180th Ave NW in Elk River, neighbors directly to the west of Land
Use/Variance applicant Cara Lange (13411 180th Ave NW). We wish to inform you that we have no objection
to the variance being granted by the City. Cara has been up front and honest regarding her desire to build a
screen porch between our properties. We understand the screen porch will encroach on the property line by
exceeding the setback allowance and are in support of her plan.
Sincerely,
Jeff & Shauna Skeens