5.1. BASR 09-25-2018 - Laserfiche WebLink

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1. Is in harmony with the general purpose and intent of the ordinance The parcel design standards (minimum lot depth and property setbacks) work together to ensure parcels have enough buildable area to support a home, deck, garage, etc. while providing a buffer between neighboring properties. While the reduced depth leaves a parcel with a shallow buildable area and the reduced rear yard setback brings the home closer to the neighboring property than would otherwise be permitted, the longer buildable area provides a future homeowner with the opportunity to choose a home that fits this lot. For example, a deck may be placed in the side yard rather than the rear yard. The variance is in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River Comprehensive Plan. The Comprehensive Plan guides this property for single family residential uses, and the proposal is consistent with this guidance. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The ordinance includes standards to ensure residential properties provide homeowners with enough outdoor open space for living as well as accessory structures after a home is constructed on the property. The proposed lot is more than double the minimum lot size for the zoning district, and a home designed to fit within the proposed setback area is a reasonable use not permitted by the zoning ordinance. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petitioner's own action or inaction; and The property was originally platted as an outlot and used for an entrance monument and landscaping. The HOA maintained the property until the group dissolved and maintenance fell to the original developer. The property was platted with the intent to be managed by the HOA in perpetuity, but that group no longer exists and the city has received complaints regarding maintenance on the property as well. The property is unique in that it was originally designed for use as an entrance feature, and the current state is not due to the petitioner’s own action or inaction. 5. The variance, if granted, will not alter the essential character of the locality. The surrounding properties are developed as single-family homes and the property will be developed as a single-family parcel. The front yard setback of 35 feet is maintained, preserving the appearance from the street, and the reduced rear yard setback of 15 feet is less than the neighboring side yard setback of 10 or 5 feet. The variance will not alter the essential character of the loyalty. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 18-08 Mississippi Oaks Development Corp. - Gwen Smith\\4-Planning Commission\\5.1 sr MSP Oaks Dev.docx