5.2. BASR 08-27-2019 - Laserfiche WebLink

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The property south of the “house” structure rises dramatically to the south, making it difficult to site the structure there without significant excavating. 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 five of the criteria described below. The variance is: 1. Is in harmony with the general purpose and intent of the ordinance, and This new building will be impeding on the 20’ side yard setback on the north property line by 9.8’ leaving the building corner 10.2’ from the property line. Currently this space is used for a Class 5 road access for the neighbor to the north and the current residence. The general purpose and intent of the ordinance is to provide for the orderly development of land. Properties outside the Urban Service District (sewer and water) are larger and in turn have larger setbacks to help maintain larger distance between structures. The parcel to the north received a CUP for Active Use Storage in 2016, which has not been constructed and has since expired, but the proposed variance will not affect the orderly development. 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. The property is currently zoned commercial, and we would remain in that zoning. The Gravel Mining Area Land Use, Transportation, and Utility Plan guide the properties for Highway Business uses where commercial uses are allowed and encouraged. The proposed use is consistent with this plan. 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; Due to the grade and location of the existing house, the only buildable area on site is to the northwest of the existing building and house. With the demand needed for the commercial business, this would make the building impede on the 20’ property setback on the north property line. The property south of the “house” structure rises dramatically to the south, making it difficult to site a structure in that location without significant excavating. The applicant is proposing to build the structure on the site where there is minimal excavating impact while maintaining a reasonable setback from the Extreme Commercial Recreation-zoned parcel to the north. The petitioner proposes to use the property in a reasonable manner.