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PC, Anthony Froland Page 4 <br /> January 24, 1995 <br /> • <br /> According to City Code, no structure shall be allowed as a conditional use <br /> that will cause any increase in the stage of the one-hundred (100) year or <br /> regional flood or cause an increase in flood damages in the reach affected. <br /> Accessory structures shall be constructed and placed on a building site so as <br /> to offer the minimum obstruction to the flow of flood waters. <br /> The proper procedure for conditional use permits and variance requests <br /> should include applying for the necessary permits and receiving approval <br /> before construction begins. Staff is concerned, that because of the sequence of <br /> events, this request may result in a trend where individuals first begin <br /> construction and then apply for the necessary permits. Individuals that may <br /> feel they have a poor chance of getting approval of the necessary permits may <br /> decide to begin construction of the structure in order to improve their chance <br /> of getting approval. <br /> Mr. Froland intends to use the accessory structure for agricultural purposes. <br /> Because the proposed structure is metal skinned, it will have to meet a three- <br /> hundred (300) foot setback from all surrounding property. The proposed <br /> structure meets this requirement. <br /> • Approximately a year ago, the City of Elk River amended the zoning <br /> requirements for the accessory structure ordinance. In the A-1 (Agricultural) <br /> zoning district, parcels that have greater than forty (40) acres are exempt <br /> from restrictions on accessory structures. Prior to the amendments, parcels <br /> in the R-la zoning district were exempt from the accessory structure <br /> requirements. This amendment from the accessory structure ordinance did <br /> not include language exempting accessory structures in the R-la zoning <br /> district. It is unclear to staff why this amendment did not include the R-la <br /> zoning district. Although this requirement no longer applies in the R-la <br /> zoning district, it may be a consideration. <br /> Mr. Froland currently owns approximately forty (40) acres. His property is <br /> divided into two (2), twenty (20) acre, parcels. The reason given to staff for <br /> the division of the forty (40) acre parcel into the two (2), twenty (20) acres, <br /> parcels was because of mortgage requirements. <br /> RECOMMENDATION <br /> Variance Request <br /> Staff recommends approval of a six-hundred ninety three (693) foot <br /> IIvariance that would allow Mr. Froland to construct a thirty (30) foot <br /> pc-froland.troy <br />