5.1. BASR 04-28-2020Request for Action
To Item Number
Board of Adjustments 5.1
Agenda Section Meeting Date Prepared by
Public Hearings April 28, 2020 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Robert Jahn – 18111 Concord Cir. NW Zack Carlton, Planning Manager
5’ Front Yard Setback Variance, Case No. V 20-01
Reviewed by
Action Requested
Approve, by motion, the 5’ front yard setback variance as the following criteria, required for approval, are
satisfied:
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 petitioner’s own
action or inaction.
5. The variance will not alter the essential character of the
locality.
Background/Discussion
The applicant will be constructing a new home on the subject parcel
and is requesting a 5’ front yard setback variance to gain more
useable space from the bluff line in the backyard. The subject
property is zoned R1b with a front yard setback of 35’ while the
property adjacent, to the south, is zoned R1c with a front yard
setback of 30’. The property to the north is currently vacant.
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
Yes, other setbacks for homes on the street are at 30' from the street
The general purpose and intent of the ordinance is to provide for the orderly development of land
while maintaining consistent setbacks of structures. Approving a 5-foot variance will maintain
consistent setbacks.
The Elk River Vision
A welcoming community with revolutionary and spirited resourcefulness, exceptional
service, and community engagement that encourages and inspires prosperity
2. Is consistent with the City of Elk River Comprehensive Plan.
Yes
The property is guided for single family homes. The request 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 mean that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Yes, principal residence
The applicant wants to construct a new single-family home 30-feet from the front property line. The
home to the south is also 30 feet from the property line. The proposed use/request is reasonable and
allowed by the ordinance and Comprehensive Plan.
4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the
petitioner's own action or inaction; and
True...there is a river bluff in the rear, an additional 5' would make a safer distance
The unique characteristic of the site is the additional bluff setback requirement in the rear of the
parcel. Allowing the house to move 5-feet closer to the front property line pushes the house back
another five feet from the bluff line, possibly reducing the need for a variance in the future on the
back side of the house.
5. The variance, if granted, will not alter the essential character of the locality.
True
Granting the proposed variance will result in the house having the same setback as the adjoining
home to the south. When the vacant lot to the north is developed, the 5-foot deviation will not be as
apparent as that parcel is on a curve.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by May 8, 2020, this item will go to the May 18,
2020, City Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plans
Please expand the narrative by answering the following questions specific to your application.
City ordinance and state statute requires that all five items are satisfied in order for the variance
to be approved. Please answer as best as you can.
(1) The variance is in harmony with the general purpose and intent of the ordinance.
YES, OTHER SETBACKS FOR HOMES ON THE STREET ARE AT 30' FROM THE STREET
(2) The variance is consistent with the City of Elk River comprehensive plan.
YES
(3) The petitioner proposes to use the property in a reasonable manner not permitted by
the zoning ordinance
YES, PRINCIPAL RESIDENCE
(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
TRUE...THERE IS A RIVER BLUFF IN THE REAR, AN ADDITIONAL 5' WOULD MAKE A
SAFER DISTANCE
(5) The variance, if granted, will not alter the essential character of the locality.
TRUE
V 20-01
Jahn