5.1 BASR 07-26-2016 - Laserfiche WebLink

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2. Is consistent with the City of Elk River comprehensive plan. The property is Zoned for residential use and the proposed deck inconsistent with the Elk River Comprehensive Plan. The proposed deck would meet all criteria required for new decks including setbacks from the property line. The property has a land use designation of residential and the proposed residential use 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: In 2006 our home was built without the deck added At that time the deck was intended to be added off of the kitchen. Wlhen we took ownership of this home in 2012 we planned on building the deck as soon as we could afford it. Our family has been saving and planning for this deck for the past fouryears. Currently our home is 48 feet from the wetlands, as the city ordinance is written, our home could not be built today in the same location as originally indented with a deck. Our entire block of twelve homes is located closely to the wetlands. Most of our neighbors have already added decks to their homes, we would like to complete our home with a deck as well. 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The proposed variance for the addition of a new deck structure is a reasonable use for the property. The plans for the new deck structure are copies of the si.Ze and dimensions as two neighboring existing decks in the development. 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 Due to the development being built in 2003, when the existing wetland requirements were not in place, all most all homes in the Trott Brook development have decks installed, many encroaching on the Wl'edand Buffer Strzp Setback. The house was constructed with a ledger board install, intend for a deck extending into the backyard The house as it sits could not be built in its location today; the slidingglass door is located within the W1'edand Buffer Strzp Zone. Although new wetland classifications and restrictions have been established since the applicant purchased the property in 2012. 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 0.35 acres (over half) of wetlands leaving approximately 0.19 acres (less than half) of non -wetland property. As the ordinance is written today a deck would not be feasible on the subject property. \\dc3-elks\shared\Departments\Community Development\Planning\Case Files\V\V 16-09 Pram2nn\4-Planning Commission\V 16-09 sr BA 7-26- 16.docx