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-d cal&J - iffli-Fery-?.2 <br />mourn ID, lerd4zt e <br />January 17, 2017 <br />To: Elk River City Council <br />Re: Variance V16-16 <br />I request that the above referenced variance be denied. I will address each of the 5 points. <br />1. General purpose to keep structures reasonably separated from each other. <br />Rear yard setbacck variance does not reasonably separate buildings from each other. It only provides the <br />applicant with a better view of the lake. <br />2. Comprehensive plan <br />Practical difficulties - reduced lot size should have been considered in designing home within buildable area. <br />3. Building a residential home fitting the buildable area is reasonable and should not require a variance. <br />4. The subdivision created in 2005 may well have been in violation of Shoreland Ordinance <br />Sec, 30-2041 Subdivision and Platting <br />Sec. 30-2041. - Subdivisions and platting. <br />(a) Land suitability. Each lot created through subdivision, including planned unit developments authorized under section <br />30-2042, shall be suitable in its natural state for the proposed use with minimal alteration. Suitability analysis by the <br />city shall consider susceptibility to flooding, existence of wetlands. soil and rock formations with severe limitations for <br />development, severe erosion potential. steep topography. inadequate water supply or sewage treatment capabilities. <br />near -shore aquatic conditions unsuitable for water-based recreation. important fish and wildlife habitat, presence of <br />significant historic sites, or any other feature of the natural land likely to be harmful to the health, safety, or welfare of <br />future residents of the proposed subdivision or of the community. <br />trt Crinformance with subaw,sion controls. Subdivisions shall conform to all official controls of the city. A subd.v.sion '.vd <br />rot be approved where a 'ater variance from one or more standards in official controls would be needed to use the <br />,ots for their inteneed purpose. In areas not served by publicly owned sewer and water systems, a subdivision will not <br />be approved unless domestic water supply is available and a sewage treatment system consistent with sections 30- <br />2022 and 30-2028 can be provided for every lot. Each lot shall meet the minimum lot size and dimensional <br />requirements of section 30-2021, including at least a minimum contiguous lawn area that is free of limiting factors <br />sufficient for the construction of two standard soil treatment systems. Lots that would require use of holding tanks <br />shall not be approved. <br />5. The variance will alter the essential charachter of the locality. Item 5 is listed in two different comments on staff <br />reports. One stating that it will alter the charachter and the other states that it will not. <br />Addressing - This was discussed at the Board of Adjustments meeting. Zack Carlton sited problems with that <br />scenario such as postal delivery and safety concerns when emergency vhicles are needed. He stated that it <br />was physically possible but not plausible stating that plausible and reality are two different things. A typical <br />address is oriented to the front door of the home. The Board of adjustments did not pursue this any further. <br />While staff states that most cities define the rear property fine as parallel to the shortest front property line, the City of <br />Elk River does not have this stipulation at this time. Therefore that should not be considered in this instance. <br />Respectfully submitted, <br />Dolores Kratzke <br />1707 5th St. NW <br />Elk River, MN <br />