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5.3 BASR 06-28-2016
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5.3 BASR 06-28-2016
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6/23/2016 4:58:58 PM
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 with the general puipose 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 with 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. The petitioner proposes to use the property in a reasonable manner not permitted by the<oning 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, ifgranted, 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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