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5.2 PCSR 09-26-1995
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5.2 PCSR 09-26-1995
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Analysis <br /> • Mr. Kramer currently has a house and a 40 foot by 60 foot (2,400 square foot) <br /> detached garage on his 12.37 acre parcel. The request is to add another 40 foot <br /> by 60 foot (2,400 square foot) detached metal pole building. The total accessory <br /> structure area, if the variance is approved, would equal 4,800 square feet, or <br /> 2,800 square feet greater than the ordinance allows. The reason the applicant <br /> wants to construct the 40 foot by 60 foot metal pole building is to store his <br /> collection of older tractors. <br /> Variance <br /> Staff refers the Planning Commission to Section 900.40 of the Elk River City <br /> Ordinance for the five standards to consider when reviewing a variance request. <br /> There are no special conditions or circumstances which are peculiar to the <br /> subject site which are not characteristic to other properties in the same zoning <br /> district. Other properties in the R1-a zoning district are subject to the same size <br /> restrictions as the applicant. Staff could find no factors which make this request <br /> unique from any other similar request. <br /> Accessory Structure Ordinance <br /> • At the direction of the City Council, staff will be proposing an ordinance <br /> amendment in the near future that would increase the maximum area of <br /> accessory buildings in the Al district to 3,440 square feet, which is an increase <br /> of 440 square feet. In addition, the maximum area of accessory buildings in the <br /> R1-a district would also be increased by 440 square feet to a total of 2,440 square <br /> feet. The additional 440 square feet is the area of a typical two car garage which <br /> is constructed with nearly every home. Staff is also considering adding language <br /> for properties in the R1-a district which, if over 10 acres in size, would be <br /> allowed 3,440 square feet for accessory building area, just as similar properties <br /> in the A-1 district. Even if this amendment were in place today, Mr. Kramer <br /> would exceed the maximum area by 1,360 square feet. <br /> Recommendation <br /> It is Staffs opinion that this request does not meet the five conditions for <br /> granting a variance and, therefore, recommends denial of the variance to exceed <br /> the maximum size of accessory structure area based on the following findings: <br /> 1. Literal application of the provisions of this ordinance will not <br /> deprive the petitioner of substantial property rights, as he is <br /> already 400 square feet in excess of the 2,000 square foot accessory <br /> IIIstructure building area. <br /> S:\PLANNING\KENDRA\V95-8.DOC <br />
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