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 Comprehensive Plan. The proposed deck would meet all criteria required for new decks i the property line. The property has a land use designation of residential and the p consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical with the zoning ordinance. Practical difficulties mean that: In 2006 our home was built without the deck added. At that time the kitchen. When we took ownership of this home in 2012 we pla could afford it. Our family has been saving and planning for this deck for the past four years. Currently ou home is 48 feet from the wetlands, as the city ordinance is writ same location as originally indented with a deck. Our entire blmes is located closely to the wetlands. Most of our neighbors have already added decks to the with a deck as well. 3. The petitioner proposes to use the property in a reasonable the zoning ordinance; The proposed variance for the addition of a new deck structure i for the new deck structure are copies of the size and dimensions as two neighboring existing deck development. The proposed residential use is reasonable and is permitted inthe zoning ordinance. 4. The plight of the petitioner is due to circumstances unique a consequence of the petition's own action or inaction; and Due to the development being built in 2003, when the existing we most all homes in the Trott Brook development have decks installthe Wetland Buffer Strip Setback. The house was constructed with a ledger board ins backyard. The house as it sits could not be built in its locatio the Wetland Buffer Strip Zone. Although new wetland classifications and restrictions have been applicant purchased the property in 2012. Due to the proximity of the houseand 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 s \\dc3-elkr\shared\Departments\Community Development\Planning\Case Files\V\V 16-09 Pramann\4-Planning Commission\V 16-09 sr BA 7-26- 16.docx