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5.2 BASR 06-28-2016
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5.2 BASR 06-28-2016
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Last modified
6/23/2016 4:53:47 PM
Creation date
6/23/2016 11:04:27 AM
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City Government
type
BASR
date
6/28/2016
case
V 16-07
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Variances may be granted when the petitioner establishes that there are practical difficulties in complying <br /> with the zoning ordinance. Practical difficulties mean that: <br /> 3. The petitioner proposes to use the property in a reasonable manner not permitted by <br /> the zoning ordinance; <br /> This variance is requested for the addition of a screen porch, which is a reasonable use on the property. The <br /> proposed screen porch would be in line with the already non-conforming sun room but would still need a 7' <br /> variance. The additional proposed walkway/deck would require a 13'variance. <br /> The proposed residential 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 <br /> consequence of the petition's own action or inaction; and <br /> The house was built in 2003. The existing wetland requirements were not in place when the house was built. <br /> We acquired the properly in 2010 with the house in its existing layout.As the house is designed a porch is <br /> intended to be constructed on the west side of the house. <br /> Although new wetland classifications and restrictions have been established since the <br /> applicant purchased the property in 2010. Due to the proximity of the house and house <br /> design in relation to the wetland,the proposed location is perhaps the best area on the <br /> property to construct a deck as it has less wetland impact. Wetlands are not unique to <br /> properties in Elk River. The subject property has approximately 0.4 acres (half) of wetlands <br /> leaving approximately 0.33 acres (half) of non-wetland property. As the ordinance is written <br /> today,a deck would not be feasible on the subject property as the existing house is <br /> encroaching on the wetland buffer setback area. <br /> 5. The variance,if granted,will not alter the essential character of the locality. <br /> The requested variance will not alter the neighborhood character. Following the ordinance, our home would not <br /> be able to be constructed in the same location today.A proposed screen porch will complete the house plan as <br /> designed based on existing locations of doors and windows. <br /> The variance will not alter the essential character of the locality. <br /> Financial Impact <br /> None <br /> Attachments <br /> • Location Map <br /> • Applicants Narrative <br /> • Site Plan Survey Exhibit <br /> N:\Departments\Community Development\Planning\Case Files\V\V 16-07 Gannon\3_Planning Commission\V 16-07 sr BA 6-28-16.docx <br />
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