5.2. SR 08-15-2011 - Laserfiche WebLink

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A neighbor spoke at the public hearing indicating they had no issue with the request. The Board discussed past variances that were reviewed in which property sizes were lessened with road projects. It was clarified that even if they considered the subject property as 20 acres, there is still the issue of the number of accessory structures allowed, twice what is allowed for all zoning districts. A member stated that a variance is not the only solution and that the applicant has the ability to meet the requirements to place a new structure near the home without a variance. It was stated that the applicant, although not their first desire, also could remove two other accessory structures and rebuilt the new one closer and larger, regardless of the allowed square footages and lot size. The Board of Adjustments could not see the hardship for allowing twice the square footage and twice as many structures than the city ordinance allows for all zoning districts. APPLICABLE REGULATIONS (ifApproved by the City Council on 8-75-77) Tlariance Criteria: A variance may be granted by the Council if it finds that: The proposed variance is in harmony avith the general pur~iose and intent of the ordinance, and In 2004, the City Council amended the ordinance as it pertained to accessory structure sizes. At that time, accessory structure sizes on parcels five acres or larger were significantly increased as shown: 5 acres to 2,~ 4.000 sq. ft. attached and detached 10 acres to 4;599 8.000 sq. ft. attached and detached 20 acres to Er,A99 16,000 sq. ft. attached and detached 40 acres or more ~ Nc~r to ctcer~i ~?°~~ ~~f tJz~ l~~r arCa The subject property technically falls in the 10-20 acre category where the allowed square footage was almost doubled in 2004. Prior to 2004, only 4,500 sq. ft. would have been allowed. The City Council approved a significant increase to the allowed square footages in 2004 with the purpose and intent of that amendment to allow 1.75% lot coverage per the lowest acreage of each category on lots 5-acres or larger. Staff does not feel that the proposed variance is in harmony with the general purpose and intent of that ordinance as the proposal is double the size (16,000 sq. ft. or 3.6% lot coverage) of what was approved in 2004 and has twice as many structures (four) as is currently allowed. 2. The proposed variance is consistent avith the City of Elk Giver comprehensive plan. The variance is consistent with the Comprehensive Plan. The Rural Residential category shows the pattern of residential development outside of the Urban Service Area. Housing in these areas consists of single-family detached housing units. The area consists of a combination of farmsteads, large lot rural subdivisions, and cluster subdivisions. N:\Departments\Community Development\Planning\Case Files\Variance\V 11-O1 Hendrickx\V 11-01_CC.doc