5.1. BASR 11-28-2017 - Laserfiche WebLink

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Applicable Regulation (The applicant’s responses are italicized with staff’s notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The addition to the existing barn we are requesting is architecturally appealing and will fit in with the existing structure. It will be used to store all the equipment indoors and avoid the eye sore of farm equipment parked outside. The color scheme mirrors the existing facility. Outside of parcels 40 acres in size, the subject parcel is subject to the most generous regulations regarding allowed square footages of accessory structures. The ordinance allows 16,000 square feet for parcels 20-40 acres in size. The general purpose and intent of the ordinance is to provide for the orderly development of land. In 2004, the City Council approved an ordinance amendment increasing the allowed square footage from 6,000 to 16,000 (a 266% increase). This was due in part to the increasing usage on larger parcels of land for hobby farms as well as the increasing level of extra vehicles, equipment, and “toys” property owners own. The city determined that 16,000 square feet is a reasonable and adequate amount of accessory structure for a parcel this size. The increased square footage is not in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. The proposed structure will be consistent and comply with the City of Elk Rivers comprehensive plan. The subject parcel is guided for residential uses which allow for accessory structures. The request 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 means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; We are using the property as intended to have horses and donkeys in properly designed paddocks and stalls. The animals are well cared for with automatic waters and supplemented hay when the fields become snow covered. We clean stalls and paddocks twice daily and have the manure taken to a proper disposal site as necessary. The ordinance allows the property to be used as residential with accessory structures. The property is proposed to be used in a reasonable manner. N:\\Departments\\Community Development\\Planning\\Agendas\\BA Packets\\11-28-2017\\V 17-08 sr BOA 11-28-17.docx