6.7. SR 10-20-1997 - Laserfiche WebLink

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Memo to Mayor and City CouncilN 97-9 October 20, 1997 Page 3 The applicant does not fully explain how his request meets the five criteria for granting a variance. He states that the hardship is that the property is zoned Rlb and that accessory structures are subject to different requirements in the Rlb district than they are in the Rla district. He indicates that he needs almost 5000 square feet of accessory building area for storing, among other things, construction equipment that he uses in his construction business. Board of Adjustment Meeting At the Board of Adjustment meeting held on August 26, 1997 no one spoke at the public hearing. The Board discussed the applicant's situation. They appreciated his problem but did not believe that he met the 5 criteria needed for granting a variance. The Board denied the request but recommended that the applicant request an ordinance amendment to address this type of situation or request a rezoning to Rla. The Board also recommended that if the applicant decides to apply for the ordinance amendment or rezoning, the fees should be waived. Recommendation The Board of Adjustment and staff recommend the City Council deny this variance request based on the following findings: THE APPLICANT HAS NOT SHOWN THAT THE DENIAL OF THE VARIANCE REQUEST WILL CAUSE UNDUE HARDSHIP. A 50' X 80' POLE BARN AND THE STORAGE OF CONSTRUCTION EQUIPMENT WOULD BE OUT OF CHARACTER FOR THIS RESIDENTIAL NEIGHBORHOOD. o THE APPLICANT MUST SHOW THAT THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE APPLICANT'S ACTION. IN THIS CASE, THE CONDITIONS ARE A CONSEQUENCE OF THE APPLICANT'S DESIRE TO STORE CONSTRUCTION EQUIPMENT, THAT HE USES IN HIS CONSTRUCTION BUSINESS AT HIS RESIDENCE 0 THE PROPERTY IS LOCATED WITHIN THE URBAN SERVICE AREA WHICH HAS DIFFERENT STANDARDS THAN THE RURAL ZONING DISTRICTS. \\elkriver\sys\shrdoc\planning\scott\v97-9cc.doc