4.2 BASR 05-24-2016 - Laserfiche WebLink

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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 puoose and intent of the ordinance, and The intent of the buffer setback is to reduce impervious surfaces near the wetland buffer area.The sign will impact the ground with one pole,and will not significantly impact runoff in this area. 2. Is consistent with the City of Elk River comprehensive plan. The comprehensive plan guides the area for highway business uses,where advertising for businesses is expected. The request is consistent with the comprehensive plan. 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 of the property due to the presence of a two ponding areas on the property. The two ponds cover a majority of the land,leaving little space to be utilized for other uses. The remaining high area of the property is where the billboard will be located,and is a reasonable use of the site not permitted by the ordinance. 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 location of existing ponds, setbacks, and power lines severely limit the available locations for the proposed use.The existing billboard is near its useful life expectancy and the relocation will increase compliance with the ordinance and limit potential hazards created by locating so close to existing power lines. 5. The variance, fgranted, will not alter the essential character of the locality. There is already a billboard on the property,and the new location is actually further from the intersection of Hwy 10 and Waco Street. Statutory Review Period Per State Statute 15.99 the required 60 day review period ends on June 25,2016. Financial Impact None Attachments • Location Map • Applicants Narrative • Staff Comment Letter dated May 5,2016 • Applicant response letter dated May 17, 2016 • Preliminary Plat updated May 13, 2016 • City Ordinance Sec. 30-1852 \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\V\V 16-04 Franklin Outdoor Adv\V 16-04 sr BOA Franklin Outdoor Adv.docx