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4.1. BASR 12-22-2015
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4.1. BASR 12-22-2015
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The east side of the building addition will be, at its closest point, eight feet from the delineated wetland. <br />The sidewalk on the east side of the additions will be, at its closest point, adjacent to the delineated <br />wetland. <br />The request will be for a 17 foot variance to the wetland buffer strip and a 20 foot variance to the wetland <br />buffer strip setback for the building and a 25 foot variance to the wetland buffer strip and a 20 foot <br />variance to the wetland buffer strip setback for the sidewalk. <br />Applicable Regulation <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The variance is: <br />1. Is in harmony with thegeneralpurpose and intent of the ordinance, and <br />The general purpose and intent of the wetland setbacks is to maintain natural vegetation and <br />reduce runoff. The existing parking lot and drive lane, where the addition is proposed, are <br />currently within these setbacks. There currently is no natural vegetation and runoff will not be <br />increased. <br />2. Is consistent with the City of Elk river comprehensive plan. <br />The comprehensive plan guides the property for Public/Institutional and the proposed <br />institutional use is consistent with comprehensive plan. <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying <br />with the zoning ordinance. Practical difficulties means that: <br />3. The petitionerproposes to use the property in a reasonable manner not permitted by the Zoning ordinance; <br />The proposed institutional use is reasonable and is permitted in the zoning ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's <br />own action or inaction; and <br />Although the applicant can construct the addition anywhere on site, the uses in the addition <br />require it to be located adjacent to the existing gymnasium facilities. The uniqueness of the <br />property is the location of the existing school, parking, arena and wetland. These issues are not <br />a consequence of the petition's own action or inaction. <br />5. The variance, ifgranted, will not alter the essential character of the locality. <br />Due to the location of the proposed addition, the variance will not alter the essential character of <br />the locality. <br />Attachments <br />■ Location Map <br />■ Applicants Narrative <br />N:\Departments\Community Development\Planning\Case Files\V\V 15-15 Elk River ISD 728\V 15-15 sr BOA 12-22-15.docx <br />
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