2. SR 03-20-2012 - Laserfiche WebLink

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Case File: V 12-02 ER Lutheran Church Page 3 Part of the challenge faced by the applicant is the question of water collection. Based on the unique topography, there are 6 different "watersheds." Collection and infiltration in each of these areas must be provided; this constitutes a substantial hardship due to space conflicts, efficiency issues, and cost. 3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The building and parking lot were built in the 1970's, before the shore land regulations were established for the parcel. The petitioner is now in the process of purchasing to property. 4. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. Regardless of the use, any expansion of the parcel would be in conflict with the strict application of the ordinance. Further, all of the other parcels east of the subject parcel, south of Main Street would also fall in conflict with the ordinance. Two of these parcels were able to expand. Globally, this ordinance is inconsistent with the characteristics of older downtown areas due to these areas being frequently very dense, concentrated with concrete and pavement, and situated near rivers and other bodies of water, the historical center of many towns. In that sense, the downtown region and the shore land regulations are in internal conflict; variances for many parcels will be necessary. The City's Shore land ordinance is closely based on language provided by the State and used in other communities. Over the hundreds of miles of rivers protected by the language, downtown areas represent a very small portion of shore land areas. It seems apparent that reducing the amount of impervious service in the downtown areas is a primary goal in these downtown areas. S. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. The variance, if granted, would allow for the construction of a project that will reduce the amount of impervious surface, which is the goal of the ordinance and consistent with the spirit and intent of the ordinance. In the review of these standards, it is Staff's opinion that the variance is justified and necessary. ATTACHMENTS ^Location Map ^Applicant's Narrative ^ Site Plan sheet C-1, dated March 5, 2012 Action Motion by Second by Vote N:\Departments\Community Development\Planning\Case Files\Vaziance\V 12-01 Elk RIver Lutheran\V 12-O1 SR to PC 3-20.12.docs