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