5.3. BASR 06-23-2020 �� Request for Action
Elk -
River
To Item Number
Board of Adjustments 5.3
Agenda Section Meeting Date Prepared by
Public Hearings June 23, 2020 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Eric Flahave—21445 Kennedy St. NW Zack Carlton,Planning Manager
Side yard setback variance from 20' to 10' Reviewed by
Case No. V 20-04
Action Requested _
Approve,by motion,the side yard setback variance for the following
reasons: 1
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 U' r `
zoning ordinance. - ' CR 33. y
4. The plight of the petitioner is due to circumstances unique to
the property not a consequence of the petitioner's own \` a
action or inaction. _
5. The variance will not alter the essential character of the RR
locality. e
and with the following conditions: "'
CR iz
1. The property line shall be surveyed to ensure the setback is
10-feet.
2. Planning staff shall complete a setback inspection prior to
the city issuing the permit. �P
3. Five evergreen trees shall be planted along the property line ywj
to provide screening. 's9
Background/Discussion Figure I
The subject parcel is zoned R1-a (single family residential) and is
3.21 acres in size. The required setbacks for detached accessory structures are:
Front: 35'
Side: 20'
Rear: 30'
The Elk River Vision
A Y�elcoming community nvith revolutionary and spirited resourcefulness, exceptional P o w E e E o s r
service, and community engagement that encourages and inspires prosperity ,g /` UR
The applicant is requesting a setback variance to allow construction of a 2,016 square foot (36'x56')
detached accessory structure 10-feet from the side (north) property line.
The property owner to the north informed staff they have no concern with the proposed setback variance
but had concerns with correct placement of the structure and screening. Staff has included a condition to
survey the side lot line and planting of an evergreen screen to address the concerns.
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 setbacks are to minimize how close structures are to one another,
especially with side yard setbacks, and to maintain consistent setbacks of structures, especially with
front yard setbacks. The nearest existing structure is about 100-feet away. While the request would
put the proposed building closer to the property line, there is still a great deal of space between
structures and the property owner to the north has no issue with the request.
The purpose and intent of the ordinance is met.
2. Is consistent with the City of Elk River Comprehensive Plan.
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 means that:
3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning
ordinance;
Because of limitations of the site (septic and drain field locations) the applicant is proposing to utilize
the property in a reasonable manner.
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
The property slopes down away from the home to the southeast towards a wetland. Between the
home and the proposed detached accessory structure lies the septic and three irrigation lines. By
placing the structure 10-feet from the side property line, as proposed, one irrigation line would be
avoided. Meeting the 20-foot side yard setback would require relocating portions of the irrigation
system and violate the required setbacks from septic.
5. The variance,if granted,will not alter the essential character of the locality.
The subject parcel is part of a small development with lots around 2 1/2 acres in size. There are lots in
the immediate vicinity that are 6, 25, 47, and 95 acres in size. 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 July 3, 2020, this item will go to the July 20,
2020, City Council meeting.
Attachments
■ Location Map
■ Applicant's Narrative
■ Site Plans
5/27/2020
City of Elk River
Flahave Variance Application
To Whom it May Concern,
We are applying for a variance to shorten the property line set back. In lieu of the required 20’ we
would like to be allowed to have the set back at 10’. The reasoning for this request is we would like the
building to be further away from our home. During the design and build of our home we were left with
limited options to fit our home the septic and a future pole shed on our lot.
We appreciate your time and hope you can accept this request.
Thank you,
Eric and Michelle Flahave