5.1 PCSR 10-25-1994 - Laserfiche WebLink

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Planning Commission, Harley A. Marohn Page 3 October 25, 1994 • APPLICANT'S REASON'S FOR VARIANCE REQUEST Mr. Marohn explains that because of the shape of the lot that a garage can not be built without being in the shoreland setback area. He also mentions that the construction of a garage would improve the site rather than detract property values. He mentions that he would be able to store items inside of the garage rather than store them outside. One item that Mr. Marohn did not mention in the letter, but discussed in conversation was that there are numerous trees located on the lot and he would like to save as many trees as possible with the construction of the garage. ANALYSIS In review of a variance request, all of the above mentioned points are analyzed before making a recommendation. In order to construct the garage in the proposed location the applicant must receive approval of a variance. If the applicant does not receive approval of the variance request, they may either move the garage in a location that better minimizes the setback or not construct the garage. • The first point addresses whether literal enforcement of the code creates an undue hardship on the property. Because there is no location on the parcel that a garage could be constructed without a variance, staff agrees that the literal enforcement would not allow the construction of a garage. The second point addresses whether the hardship is caused by special conditions that are unique to the land. Mr. Marohn argues that because of the unique shape of the lot, there is not a buildable location for a garage on the lot. Staff would agree with Mr. Marohn's argument. The third point addresses whether literal application of the ordinance would deprive the applicant of rights enjoyed by others. Mr. Marohn argues that there are other lots in the immediate location with garage stalls. Staff would agree that without a variance Mr. Marohn would be the only property owner in the immediate area without a garage stall. The fourth point addresses whether the special circumstances are not a consequence of the applicants actions. Mr. Marohn argues that because of the standards set by the City of Elk River and the shape of the lot, it becomes difficult to locate a garage on the property. Staff would agree that with the • current setback requirements and the shape of the lot it is very difficult to locate a garage on the lot. marohn.troy