5.1. BOA SR 07-23-2019 - Laserfiche WebLink

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1. Is in harmony with the general purpose and intent of the ordinance, and I believe the variance would keep me in harmony with the rest of the neighborhood, as I would have ample storage for automobiles and other necessities to be stored inside and out of sight. The general purpose and intent of the ordinance is to provide for the orderly development of land while providing property owners the opportunity to have adequate storage on their property. Properties outside the Urban Service District (sewer and water) are larger and in turn are allowed larger square footages of accessory structures. The request is in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River comprehensive plan. I feel this variance is consistent with the comprehensive plan in a way that will help beautify an entrance to the neighborhood, there will no longer be cars and trucks sitting outdoors, the house will also be improved while still not standing out from the neighbors. The subject parcel is guided for residential uses, which allow for accessory structures. The request 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; This property will be used as a primary residence for my family (wife, teenage daughter that attends Elk River High School, and myself), there will also be an extra bedroom for my mom if and when she’s in need of assistance. There will be no business ran out of this property. The ordinance allows the property to be used as residential with accessory structures. While the ordinance requires a minimum of 440 sqft (20x22), it is not unreasonable for newly constructed homes to have attached garages the size the applicant is proposing. While the property has the required accessory square footage, even if no attached garage was constructed with the new home, the existing detached accessory structure would be approximately 100 feet away from the house. The proposal of only replacing a smaller than average attached garage with an average attached garage size, is reasonable. 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 Due to the unfortunate situation I’m having to deal with, my goal is to complete my brothers shop, build a house suitable for my family and to resolve any issues that has stemmed many complaints by the City of Elk River as well as neighbors regarding this property. The existing home was built in 1988 and the pole building in 2000. The applicant wants to update the property with a new home and an average sized attached garage but is encumbered with the decisions the previous owner made. N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-06 Mevissen\\4-Board of Adjustments\\5.1 sr BOA 7-23-19.docx