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5.3 BASR 06-28-2016
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5.3 BASR 06-28-2016
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Last modified
12/12/2025 10:02:52 AM
Creation date
6/23/2016 1:55:04 PM
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City Government
type
BASR
date
6/28/2016
case
V 16-06
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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 avith thegeneralpurpo.re and intent of the ordinance, and <br />The general purpose and intent is to maintain consistency of accessory structures in any <br />given zoning district. The total number and square footage of existing accessory structures <br />will not change on the parcel and will continue to meet the general purpose and intent. <br />2 Is consistent avith the City of Elk River comprehensive plan. <br />The property is guided for residential uses and is consistent with the 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. Thepetitionerpropo.rer to use theprnperty in a reasonable manner notpermitted by the honing ordinance; <br />The property will continue to be used in a reasonable manner (a residential use) as it has in <br />the past. No additional structures are being added. <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 />It is the applicant's action that is creating the need for the variance. Although the removal <br />of the house on 524 is desirable, it results in accessory structures without a principal use. <br />The solution is to combine the lots, as they planning to do. This will result in too many <br />detached accessory structures on the combined parcel. Staff is not supportive of granting a <br />variance for three detached accessory structures and recommends the 60 square foot shed be <br />removed. <br />5. The variance, if granted, will not alter the essential character of the locality. <br />No new structures are being proposed so the character of the locality is not being altered. <br />Financial Impact <br />None <br />Council Meeting <br />If denied, or an appeal is made by any interested party by July 8, 2016, this item will go to the July 18, <br />2016, City Council meeting. <br />Attachments <br />■ Location Map <br />■ Applicants Narrative <br />N:\Departments\Community Development\Planning\Case Files\V\V 16-06 St. Andrews\4-Board of Adjustments\V 16-06 sr 6-28-16.docx <br />
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