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Jason Volkers Page 2 <br /> June 28, 1994 <br /> • <br /> ANALYSIS <br /> Mr. Volkers is proposing to construct a 936 square foot detached accessory <br /> building on his parcel. Current ordinance allows 1,200 square feet total <br /> attached and detached accessory structure area in the Rlb zoning district. <br /> Mr. Volkers owns two and one-half (2 1/2) acres in the R1b zoning district. <br /> The site does not have City water and sewer at this time, however, City <br /> services are planned for this area in the future. A limit was placed on the <br /> size of detached structures because of the anticipated increase in density of <br /> this area. Mr. Volkers' proposed accessory building is only 220 square feet <br /> larger than the maximum standards. A 20' by 35 1/2' shed could still be <br /> constructed on Mr. Volkers property without the need for a variance. <br /> VARIANCE REQUIREMENTS <br /> Staff refers the Planning Commission to Section 900.40 of the City of Elk <br /> River Code of Ordinance for the five standards to consider when reviewing a <br /> variance request and to Mr. Volkers' letter addressing these standards. Staff <br /> does not feel there are adequate findings to grant the variance since a valid <br /> hardship must be shown before a variance can be approved. Denying the <br /> • variance would not cause undue hardship in that Mr. Volkers will still have <br /> the ability to construct a 716 square foot detached accessory building for his <br /> motor home and tractor. <br /> RECOMMENDATION <br /> Staff recommends denial of the variance request to exceed the maximum size <br /> of accessory structures due to the following findings: <br /> 1. This would not cause undue hardship in that Mr. Volkers will <br /> still have the ability to construct a 716 square foot detached <br /> accessory building for his motor home and tractor. <br /> 2. Property owners in this area are also subject to the same <br /> requirements for accessory structures, therefore, the situation is <br /> not unique to the Volker's property. <br /> 3. Literal application of the provisions of this ordinance will not <br /> deprive the petitioner of the rights enjoyed by other properties <br /> in this same district and that the terms of this ordinance for the <br /> variance will not be keeping with the spirit and intent of the <br /> • ordinance. <br /> volkers.pc <br />