5.1 PCSR 06-27-1995 - Laserfiche WebLink

Home Browse Search

Memo to Planning Commission Page 3 June 27, 1995 • city and be maintained as a city street. If this portion of County Road 33 is turned over to the city, it would most likely not need to be upgraded in terms of width, therefore, the proposed 42' setback would be adequate. Analysis Staff refers the Planning Commission to Section 900.40 in the Elk River City Code of Ordinances for the five standards to consider when reviewing a variance. Staff also refers the Commission to the applicant's letter addressing the issues and five standards. Staff feels that there are adequate findings to grant the eight foot front yard setback variance. The applicant and staff discussed different options for the detached garage which would not need a variance. However, as noted in the applicant's letter and the memo to the Planning Commission, these locations did not work for a variety of reasons, namely that several existing mature trees would be lost and because of the topography constraints due to the severe drop off immediately north of the applicant's home. Recommendation Staff recommends approval of the eight foot front yard setback variance from County Road 33 based on the following findings: • 1) Literal enforcement of the ordinance would cause undue hardship by the fact that applying the existing 50' setback standard would require the loss of several mature oak trees or the placement of the garage in an inconvenient area on the rear of the parcel away from the existing home. 2) Hardship is caused by the topography of the site which makes it difficult to construct a garage at the setback line due to the drop off which would necessitate the need for extensive fill and the loss of several mature oak trees. 3) The variance will not be detrimental to the health, safety and welfare of the neighborhood and is in keeping with the spirit and intent of the ordinance. • s:planning:pc:v95-4