5.1. BASR 11-27-2018 - Laserfiche WebLink

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Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and The total number of buildings is 2 less than permissible for the two separate parcels. That should be in harmony with the intent of the ordinance. The intent of the ordinance is to limit the number of accessory structure in a given area. In this area, the city council has determined four accessory structures per lot are acceptable. The applicant currently owns two parcels which would yield a total of eight accessory structures between the two parcels. They will be combining the two parcels into one 38.27 acre parcel while maintaining 6 accessory structures, two less than what is allowed with the current configuration but two more than is allowed by ordinance on one parcel 5 acres or larger (see attached Comparison Exhibit). If they were to obtain 1.73 additional acres from a neighboring property, they could have as many structures as they desired until they covered 2% of the property. 2. Is consistent with the City of Elk River comprehensive plan. In order to demolish and remove the blight on the property we will need this variance. We are requesting 2 structures (replacing several) to make the property useable again consistent with the City of Elk River comprehensive plan. The property is guided for residential uses with accessory structures. The use is consistent with the comprehensive plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; The property will only be used as permitted by the zoning ordinance. The outcome of combining the parcels and maintaining 6 accessory buildings is reasonable, as currently eight accessory buildings are allowed on the two parcels. Again they will be combining the two parcels into one 38.27 acre parcel. Properties 40 acres or larger can have unlimited accessory structures but limits the total square footage to 2% of the lot area. 4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The fact that none of the existing buildings are useable was a surprise to us. All the buildings on our original property were OK for renovation. The new property is really bad! Need to replace, not repair. The applicant could maintain two parcels with nine accessory structures. The northern lot has five accessory structures, one being a legal non-conforming structure. By granting the variance, the legal non-conforming structure will be legal under the conditions of the variance. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 18-09 Sizer\\4-Board of Adjustments\\5.1 sr BOA 11-27-18.docx