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Gary Westerland, Variance Page 2 <br /> December 28, 1993 <br /> • restricts a convenient location. Note the attached site plan <br /> which shows the location of the drainfield and gas line. <br /> DNR REVIEW <br /> This application was sent to the DNR Area Hydrologist for <br /> review. At the time this memo was written, staff has not <br /> received a formal response from the DNR on this request. The <br /> DNR has recently hired a new Area Hydrologist for Sherburne <br /> County. I talked with him on December 20, 1993, regarding this <br /> request. Although he did not have a chance to review the site <br /> plan, his preliminary response was that it should not be a <br /> problem. However, until he has a chance to review the site <br /> plan thoroughly, he does not want to give a formal <br /> recommendation. If this proposal is approved, it should be <br /> contingent upon Mr. Westerland receiving a favorable response <br /> from the DNR. <br /> VARIANCE REQUIREMENTS <br /> Staff refers the Planning Commission to Section 900 . 40 of the <br /> City of Elk River Code of Ordinance for the five standards to <br /> consider when reviewing a variance. Staff also refers the <br /> Commission to Mr. Westerland' s letter addressing these five <br /> standards . Staff feels that there are adequate findings to <br /> . grant the variance from the ordinary high water mark. The lot <br /> is limited to the placement of the garage due to the location <br /> of the drainfield and gas line. Although alternative sites <br /> exist for placing a detached garage on the parcel, the proposed <br /> location is much more accessible and convenient for the <br /> homeowner. Mr. Westerland' s home was constructed before the <br /> current Shoreland rules were in place, therefore, it is <br /> extremely difficult to modify his home in any manner without <br /> encroaching on the setback. It should be stressed that the <br /> proposed addition will not encroach any further on the setback <br /> than the existing structure. Finally, construction of a garage <br /> on the parcel would bring the property into conformance with <br /> current City code requirements . <br /> RECOMMENDATION <br /> Staff recommends approval of the 50 foot variance from the <br /> required 100 foot setback from the Elk River based on the <br /> following findings : <br /> 1 . LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE <br /> UNNECESSARY HARDSHIP BY NOT ALLOWING THE APPLICANT TO <br /> CONSTRUCT A GARAGE ON AN ADEQUATE AND CONVENIENT <br /> LOCATION ON HIS PARCEL. <br /> 2 . THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONER' S <br /> • ACTION BUT DUE TO A CHANGE IN CITY CODE. <br />