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7.4. SR 12-18-2017
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7.4. SR 12-18-2017
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12/21/2017 11:05:30 AM
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<br />N:\Departments\Community Development\Planning\Case Files\V\V 17-08 Hasselquist\4-Board of Adjustments\V 17-08 sr BOA 11-28-17.docx <br />Applicable Regulation <br />(The applicant’s responses are italicized with staff’s notes after.) <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The variance is: <br /> <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br /> <br />The addition to the existing barn we are requesting is architecturally appealing and will fit in with the <br />existing structure. It will be used to store all the equipment indoors and avoid the eye sore of farm equipment <br />parked outside. The color scheme mirrors the existing facility. <br /> <br />Outside of parcels 40 acres in size, the subject parcel is subject to the most generous <br />regulations regarding allowed square footages of accessory structures. The ordinance allows <br />16,000 square feet for parcels 20-40 acres in size. The general purpose and intent of the <br />ordinance is to provide for the orderly development of land. <br /> <br />In 2004, the City Council approved an ordinance amendment increasing the allowed square <br />footage from 6,000 to 16,000 (a 266% increase). This was due in part to the increasing usage <br />on larger parcels of land for hobby farms as well as the increasing level of extra vehicles, <br />equipment, and “toys” property owners own. The city determined that 16,000 square feet is <br />a reasonable and adequate amount of accessory structure for a parcel this size. <br /> <br />The increased square footage is not in harmony with the general purpose and intent of the <br />ordinance. <br /> <br />2. Is consistent with the City of Elk River comprehensive plan. <br /> <br />The proposed structure will be consistent and comply with the City of Elk Rivers comprehensive plan. <br /> <br />The subject parcel is guided for residential uses which allow for accessory structures. The <br />request is consistent with 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 means that: <br /> <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the <br />zoning ordinance; <br /> <br />We are using the property as intended to have horses and donkeys in properly designed paddocks and stalls. <br />The animals are well cared for with automatic waters and supplemented hay when the fields become snow <br />covered. We clean stalls and paddocks twice daily and have the manure taken to a proper disposal site as <br />necessary. <br /> <br />The ordinance allows the property to be used as residential with accessory structures. The <br />property is proposed to be used in a reasonable manner. <br />
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