5.2 BASR 06-28-2016 - Laserfiche WebLink

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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; This variance is quested for the addition of a screen porch, which is a reasonable use on the property. The proposed screen porch would be in line with the already non -conforming sun room but would still need a 7' variance. The additional propo red svalkavayl deck would require a 13' variance. The proposed residential use is reasonable and is permitted in the zoning 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 house was built in 2003. The existing wetland requirements were not in place when the house was built. WIe acquired the properly in 20 10 with the house in its existing layout. As the house is designed a porch is intended to be constructed on the west side of the house. Although new wetland classifications and restrictions have been established since the applicant purchased the property in 2010. Due to the proximity of the house and house design in relation to the wetland, the proposed location is perhaps the best area on the property to construct a deck as it has less wetland impact. Wetlands are not unique to properties in Elk River. The subject property has approximately 0.4 acres (hal� of wetlands leaving approximately 0.33 acres (hal� of non -wetland property. As the ordinance is written today, a deck would not be feasible on the subject property as the existing house is encroaching on the wetland buffer setback area. 5. The variance, if granted, will not alter the essential character of the locality. The requested variance will not alter the neighborhood character. Following the ordinance, our home would not be able to be constructed in the same location today. A proposed screen porch will complete the house plan as designed based on existing locations of doors and windows. The variance will not alter the essential character of the locality. Financial Impact None Attachments ■ Location Map ■ Applicants Narrative ■ Site Plan Survey Exhibit N:\Departments\Community Development\Planning\Case Files\V\V 16-07 Gannon\3_Planning Commission\V 16-07 sr BA 6-28-16.docx