4.1 BASR 08-25-2015 - Laserfiche WebLink

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development was platted,meaning that a variance for the proposed use would not have been required in 2004. Applicable Regulation City ordinance outlines the criteria for the granting of a variance. In order for a variance to receive approval, the request must satisfy all five of the following requirements. The applicant's responses to the criteria are included below. 1. Is in harmony with the general purpose and intent of the ordinance, and The small amount of water flowing through the buffer area will be cleaned/filtered before reaching the wetlands. (see attachment) 2. Is consistent with the City of Elk River comprehensive plan. The property will continue to be used for townhomes. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; It is reasonable because the proposed townhome incursion into the buffer will not generate a volume of water that cannot be cleaned/filtered by the buffer area before reaching the wetlands. 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 West Oaks 3rd Addition plat was filed and the townhome lots were fully developed prior to the (wetland buffer) ordinance being enacted. 5. The variance, ifgranted, will not alter the essential character of the locality. The existing townhome use will remain the same. Financial Impact None Attachments • Location Map • Applicants Narrative • Site plan • City Ordinance Sec. 30-1852 • Drainage sketch N:\Departments\Community Development\Planning\Case Files\V\V 15-10 Derrick Lot 10\V 15-10 sr BOA Washington Lot 10.docx