5.1. BASR 01-29-2019 - Laserfiche WebLink

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Applicable Regulation (The applicant’s responses are italicized with staff’s notes after.) Variances may be granted when the petitioner establishes that the variance satisfies all fiveof the criteria described below. 1.Is in harmony with the general purpose and intent of the ordinance, and We believe this variance is in keeping with the purpose and intent of the ordinance, and every effort was made to explore options to maximize the size of Lot 1. The proposed Lot 1, at 0.8 acres will contain no improvements other than the existing billboard, and all of the required setbacks on Lot 2 will be observed as illustrated below. The minimum lot size standards outlined in the ordinance ensure that a developable lot has enough area to accommodate the features needed for the type of development allowed in a zoning district. The minimum lot size of one acre for the C-3 district ensures there is enough area for the building/use, parking and circulation, landscaping, and stormwater features. The proposed 0.80 acre lot has an established use (the billboard) but is otherwise encumbered by easements, making it very difficult to support other commercial uses. The proposal is in harmony with the general purpose and intent of the ordinance. 2.Is consistent with the City of Elk River comprehensive plan. This variance is consistent with the Comprehensive Plan and preserves a parcel for development consistent with C3 Highway Commercial purposes. The Comprehensive Plan guides the area for Highway Business (commercial) uses, and the proposed use is consistent with the commercial designation. 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; Lot 1 will be used in a reasonable manner, this is, it will contain only the billboard, and will only vary from ordinance in the minor reduction in size. The parcel requested for a variance will continue to be used for a single billboard. The reduction in the minimum lot size facilitates development of the commercial land to the south by allowing a driveway access to Zane Street. The property will be used in a reasonable manner not permitted by the zoning ordinance. 4.The plight ofthe petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and The circumstances are unique to this site, given the very limited frontage on Zane Street NW and the multiple encumbrances placed on the site by existing GRE electric transmission structures and easements. The number of easements placed on this property is unique to the property, and are not a consequence of action taken by the applicant. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-01 Venture Pass Partners, LLC\\4-Board of Adjustments\\4.1 sr ER Ventures.docx