5.3. BASR 06-28-2022Request for Action
To Item Number
Board of Adjustments 5.3
Agenda Section Meeting Date Prepared by
Public Hearings June 28, 2022 Chris Leeseberg, Senior Planner
Item Description Reviewed by
Nathan Hunter – 13099 181st Drive NW Jennifer Green, Sr. Administrative Assistant
25’ Rear Yard Setback Variance to allow
Reviewed by
installation of a swimming pool, Case No. V 22-
08
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 petitioner’s own action
or inaction.
5. The variance will not alter the essential character of the locality.
with the following condition:
1. The front yard setback, for pool and deck purposes, shall be
reduced to 10 feet on the County Road 30 side of the subject
property.
Background/Discussion
The subject parcel is 0.35 acres in size and is zoned R1b where pool
setbacks are 35’ from the front property line and 8’ from the remaining
property lines. Because the parcel has street frontage on two sides, it is
subject to two front yard setbacks. This results in the “back yard”
being regulated by the 35’ setback also, which leaves only about 18’ of useable/buildable space between the back
of the house and the setback line. The “rear” property line of the subject parcel is approximately 30 feet from the
edge of the county road and there is a 10-foot easement along the northern property line.
Applicable Regulation
Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described
below. The variance is:
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1. Is in harmony with the general purpose and intent of the ordinance, and
The general purpose and intent are to have uniform setbacks of structures along a street. The subject
st
parcel and the neighboring properties have this uniformity along the front yards facing 181 Avenue.
Conversely, the alignment of the back of the houses are not uniform along the county road. An above
ground pool would not negatively affect the purpose and intent.
2. Is consistent with the City of Elk River Comprehensive Plan.
The property is guided for Traditional Single-Family Residential and single-family houses with decks and
pools are expected.
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;
As with any property in the city, having a deck and pool in a backyard is reasonable even if not permitted
by setbacks.
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 unique circumstance of a double frontage lot with streets on two sides, along with two front yard
setbacks, is not a consequence of the petitioner’s own action or inaction.
5. The variance, if granted, will not alter the essential character of the locality.
The character of the area will not be altered if a pool is installed in the back yard, as the property is
screened by existing trees, a berm, and there is a greater space between the county road edge to the subject
property than typical.
Financial Impact
None
Council Meeting
If denied, or an appeal is made by any interested party by July 8, 2022, this item will go to the July 18, 2022, City
Council meeting.
Attachments
Location Map
Applicant’s Narrative
Site Plan
Aerial Image
Site Restriction Exhibit
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Nathan Hunter
Variance
Case No:V 22-08
E*Ve—r
Narrative for application for variance:
This application is to place a 24 foot round pool on the northwest side of my property at 13099
181 st Drive NW in Elk River, MN. Right now, the city wants 35 feet from the front and 35 feet
from the back since my backyard is on Mississippi Road. This disables me from putting up a
pool since the setbacks disable me to put up a pool anywhere in my backyard. Since I am on a
cul de sac, the driveway is 72 feet, which gives me a smaller backyard.
Last fall, I went online to see which kind of pool I can buy and stay within the setbacks. Online it
said that I have 8 feet from the back and 8 feet from the side, so I purchased a pool and liner for
$1,500. 1 knew there was a time limit on the building permit, so I waited to get the permit until
last week. The last thing I needed was the permit which is when I found out I needed 35 feet
from the back.
I would really appreciate the ability to build this pool as I have two children that could really
enjoy this as the city doesn't have an outdoor pool.
Application fee will be given today, May 31.
Criteria for a variance:
• I am the owner of this property.
• I am willing to adjust my plan if the city desires something different than what I've
planned.The lot is already fenced off.
• Full legal description is on an editable Word document.
• Site plan is attached showing where the pool can go. It will be 8 feet from the side and
10 feet from the back.
• The variance is needed as it requests 35 feet from the back and would like to place it 10
feet from the back. I already have 30 feet from the road to the back of my property. I am
hoping to build the pool 40 feet from the road would allow me to put up the pool. There is
also a 6 foot hill that creates more separation from the road making it safer for a pool.
• As the rule states right now, it denies me any ability to place this pool on my property as
the 35 feet from the back puts me 7 feet close to my house. There is already 30 feet
from the road to the back of my lot which should be a safe zone. I'm suggesting to place
it 40 feet from the road which would be 10 feet into my property.
• The zoning decision is in error and doesn't work well on my property as it disables me to
do anything with the backyard concerning a pool. The rule disables any kind of pool to
be placed on my property. Right now, the rule would disable me to build anything 65 feet
from the road which I sense is extreme.
Thank you for considering this!
Nathan Hunter
13099 181 st DR NW
Elk River, MN 55330 �"�
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