4.3 BASR 07-25-2017 - Laserfiche WebLink

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2. Is consistent with the City of Elk River comprehensive plan. The property has a land use designation of residential, which permits agricultural animals 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: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the Zoning ordinance; The proposed residential use and the agricultural animals are reasonable and are 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 Wetlands are not unique to properties in Elk River. The subject property has approximately 40 percent of this property covered in wetland. New wetland classifications and restrictions were established in 2006, the applicant purchased the property in 2017 and the previous CUP was approved in 2012. Staff has worked hard to establish a standard practice for handling animals and wetlands. Following this standardized practice of having a wetland delineation, working with the Soil and Water Conservation, and excluding all non - pasture land in the animal unit calculation, resulted in a lower number of animal units being permitted today than in 2012. 5. The variance, if granted, will not alter the essential character of the locality. The variance will not alter the essential character of the locality. The proposed additional animal units would be consistent with other pastured land in Elk River and the applicant has taken steps to work with the SWCD to provide increased protection to the wetlands on site. If the Board of Adjustments denies the request, or an appeal is made by any interested party by August 8, 2017, the application will automatically be forwarded to the City Council for consideration on Monday, August 21, 2017, at 6:00p.m. Financial Impact None Attachments • Location Map • Applicants Narrative • Wetland Delineation Exhibit • Non - pasture Land Area • Section 30 -803 — Animals N: \Departments \Community Development \Planning \Case Files \V\V 17 -05 Michael Swanson \4Planning Commission \V 17 -05 sr BA 7-25 - 17.docx