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<br />N:\Departments\Community Development\Planning\Case Files\V\V 16-14 Gayle Murray\3-Planning Commission\V 16-14 sr BA 10-25-16.docx <br />2. Is consistent with the City of Elk River comprehensive plan. <br />This property today is a proposed residential use property in the comprehensive plan and is consistent with the <br />city of Elk River and should be maintained as a residential property in the future, through this variance, we <br />are asking for it to remain residential. <br /> <br />Planning <br />The property has a land use designation of residential, which permits agricultural animals and <br />the proposed residential use is consistent with the comprehensive plan. <br /> <br />Environmental <br />The property has a land use designation of residential, which permits agricultural animals and <br />the proposed residential use is consistent with the comprehensive plan. Conservation <br />practices are desirable projects according to the comprehensive plan. <br /> <br />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 /> <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by <br />the zoning ordinance; <br />This request is not excessive and is within the zoning ordinance of Elk River. We are asking for an increase <br />of fencing and fill on the south side to give the least amount of impact by the horses on the wetlands and <br />maintaining accurate zoning rules, as the zoning code allows for horses. So as to allow safe travel from the <br />front side of the back property to the back side of the back property without going directly through the wetland, <br />maintaining the integrity of the vegetation and water. We are requesting two fences on the south side fill (on <br />each side of the south side fill) as well as one fence on the north side of the wetland. <br /> <br />Planning <br />The proposed residential use and the agricultural animals is reasonable and is permitted in the <br />zoning ordinance. <br /> <br />Environmental <br />The proposed residential use and the agricultural animals is reasonable and is permitted in the <br />zoning ordinance. <br /> <br /> <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 wetland cuts the back half of the property in half. Running right through the middle of it. This project, <br />fill and fences, will assist in keeping the wetland properly maintained by creating one safe path to the back. <br />Not accessing the back is an issue without going directly through the wetlands causing damage to the vegetation. <br />Allowing a proper, safe area to move from the front to the back portion of the land and help to maintain the <br />quality and integrity of the wetland as well as its vegetation. Giving us access and allowing us to use the back <br />side of the property. <br /> <br />Planning <br />Although new wetland classifications and restrictions have been established since the <br />applicant purchased the property in 2007. Due to the proximity of the house and barn in <br />relation to the wetland, the proposed location is perhaps the best area on the property to