5.2 BASR 05-26-2015 - Laserfiche WebLink

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VARIANCE REQUEST 14243 183rd Lane NW Elk River, MN 55330 Lot 12, Block 1, West Oaks 2nd Addition Judith Hidde — Owner Washington Street Investors, LLC - Developer NARRATIVE We are requesting a variance to allow construction of a deck, on Judith Hidde's townhome, with three (3) 16 inch diameter concrete pier footings that will encroach into the wetland buffer strip in back of her home. The three piers will be set 8 feet into the 25 foot buffer and will cover a total area of only 4.2 square feet of the 750 square foot buffer area that extends out 25 feet from her 30 -foot wide home. (Three 6" x 6" wood columns support a 12'x 16' deck.) See attached site plan and deck plan. JUSTIFICATION FOR VARIANCE 1. A variance may be granted by the board only if it finds that the variance is in harmony with the general purpose and intent of the ordinance Our variance request is in harmony with the general purpose and intent of the ordinance because a deck, such as the one we are proposing, is a normal part of a townhome design. 2. A variance may be granted by the board only if it finds that the variance is consistent with the City of Elk River comprehensive plan. • Our request is consistent with the comprehensive plan because her property was already zoned for townhome development. 3. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that the petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance. Our request is reasonable because the 3 piers will utilize less than 1% of the wetland buffer area directly behind Judith's home.