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5.1. BASR 04-25-2023it ci Elk* River Request for Action To Item Number Board of Adjustments 5.1 Agenda Section Meeting Date Prepared by Public Hearings April 25, 2023 Chris Leeseberg, Senior Planner Item Description Reviewed by Ben & Ellie Meyer - 19501 York St. NW Zack Carlton, Community Development Director Reviewed by ■ Installation of an in -ground pool within the 30' front yard setback, Case No. V 23-02 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. Hwy 10 and; with the following conditions: 1. The variance only applies to the pool. 2. No part of the pool (including pool deck) or improvements shall be located within drainage and utility easements. 3. Swale to convey stormwater should maintain a minimum of 2% grade to catch basin located in the southern portion of the Figure I property. 4. Structures or improvements should not impede or affect drainage of neighboring properties. CR 12 yw� r69 Background/Discussion The applicant is seeking a front yard setback variance to allow construction of a pool in their backyard. A variance is required due to the presence and configuration of the cul-de-sac and how it encumbers a significant portion of the back yard with a front -yard setback of 30 feet. The property is zoned R1-c Single -Family Residential and is a corner lot with streets on the south and west sides with a cul-de-sac in the southeast portion of the property. The property has the following setbacks for pools: The Elk River Vision P O E R E O s Y A welcoming community with revolutionary and spirited resourcefulness, exceptional [NATURE service, and community engagement that encourages and inspires prosperity. Updated. August 2020 Front: 30' (from any property line fronting a street/ cul-de-sac) Side: 8' Garage Side: 8' Rear: 8' The applicant is proposing a 20' x 40' in -ground pool surrounded by concrete decking. The southeast portion of the proposed pool encroaches approximately 13' in the front yard setback and the proposed decking encroaches approximately 4' into the drainage and utility easement. Applicable Regulation Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: Is in harmony with the general purpose and intent of the ordinance, and The parcel design standards (minimum lot depth and property setbacks work to to ensure parcels have enough buildable area to support a home, deck, garage, pool, etc. while providing a buffer between neighboring properties as well as uniformity of structures along a street. lYlhile technically a pool is a structure, it is an inground pool which is not visible above grade. There will be no future residential development around this parcel. If the presence and configuration of the cul-de-sac were not part of this parcel, a variance would not be required. The general purpose and intent of the ordinance 2. Is consistent with the City of Elk River Comprehensive Plan. The property isguided for Traditional Single family Residential and their allowed accessory uses. This category predominately consists of single family detached homes occupying moderately si.Zed lots. This land use is the most prevalent residential type within the Urban Service Area and consists of a range of neighborhood typologies including the historicgrid block pattern neighborhoods surrounding the downtown and newer curvilinear block pattern subdivision developments in the north, east, and west. The variance is consistent with the City of Elk River 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; Again, if the presence and configuration of the cul-de-sac were not part of this parcel, a variance would not be required. The ordinance does not allow improvementslstructures to be in drainage and utility easements. No part of the pool (including pool deck) or improvements shall be located within drainage and utility easements. The petitioner proposes to use 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 petition's own action or inaction; and The property has a unique characteristic, a public cul-de-sac nestled in the southeast corner of the parcel, which necessitates the backyard to adhere to additional frontyard setback regulations compared to neighboring parcels. 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, if granted, will not alter the essential character of the locality. The surrounding properties are developed as singlefiamiybomes and the properly, also developed as a single family parcel, is proposing a pool in the backyard, as several homes in the area have. ilhile the frontyard setback of the pool is not maintained, the essential character of the locale is not altered as it is an inground pool, not visible above grade. The variance will not alter the essential character of the locale. Financial Impact None Council Meeting If denied, or an appeal is made by any interested party by May 5, 2023, this item will go to the May 15, 2023, City Council meeting. Attachments ■ Location Map ■ Applicant's Narrative ■ Applicant Site Plan/Survey ■ Staff Site Plan tt 7 Meyer Variance c 75 894-0225 ` 2 ` I ►75-894-0230 J� 0 75 894 0330T.'. o d 45 Case No:V 23-02 City of Elk River V 23-02 Meyer Narrative We are seeking a variance for the 30' front yard set back for the installation of a 20x40 in ground pool. The pool will be in the backyard however sine this home is on a cul de sac the front yard easement also applies to the side yard. We are needing the variance for only 1 corner of the pool. This neighborhood has many pools already so this will not be something new in the neighborhood. There will be 1 work truck with 3 employees working 7am til 530pm Monday through Friday. The project should take 2-2.5 weeks for completion. MEYER RES. -MO! YORK 5T NW ELK RIVER I" = 8' OWlO/2022 AXEL N BR10E W B-6B74 SETBACK (BSBL) /UTILITY EA5R ENT i PROPERTY LINE GRADE CORRECTED FOR MANAGE CONCRETE POOI. DECK I I E<STW6 PATIO I I E I (KPxe'x�} Ro,Apy,w.r � j i T it I I �� PaDL (zaxaa) I ? I l n RESIDS CE ROADWAY CITY DRANJ 5 CONCRETE PSI. ➢EC.14 GRAPE CORRECTED FOR DRAINAGE 5N C IRRECTED F),BTNG W OODLA1sn AREA EX5TR� AREA CORRR�E TTED I y4 4 YAYFANG A dB�J ROADWAY 25 r ^ S ire 24' 4�4 p h r oao � r ^� wM+:lY •fsuK b1u��r�Yi•".it' � y1 y� .n i-3Y'Y:1iir T�V^'•:w�t. .t 3�33lA`Ek.7_- • e e l •-�i mac c. )fa �2 �es3w PROPOSED C' L.t V ATIONS MP tar Fomunw . 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