5.1. BASR 10-22-2019 - 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 Yes. The general purpose and intent of the ordinance is to encourage orderly development within the city’s borders. This variance request is in harmony with this intent. The intent of the ordinance it to limit the overall lot coverage of a property with structures. Approving the variance would not conflict with general purpose and intent, as only 15% of the parcel would be covered by the principal and accessory structure. 2. Is consistent with the City of Elk River comprehensive plan. Yes. The property for which the variance is requested is currently and continues to be guided as industrial use. The variance request is consistent with Elk River’s comprehensive plan. The property is guided for industrial uses, which allow accessory structures. The request is consistent with the City of Elk River Comprehensive Plan. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; Yes. The variance request will simply allow for an increased square footage of an accessory building on this 3 acre industrial parcel. The request is for a variance of up-to a 8,125 square foot accessory building, city code allows for up- to a 2,600 square foot accessory building. The accessory building is reasonable in size when compared with other properties in the area and the properties use complies with city code. The petitioner is proposing to use the property in a reasonable manner. The ordinance allows 40% total lot coverage and the applicant is requesting 15% total coverage. 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 Yes. The parcel’s layout (long and narrow), combined with the primary structure’s orientation (single access point) and the lack of city sewer and water services make the parcel difficult to work with for industrial use. The area reserved for well, septic and drainfield inhibit a primary structure expansion that would still allow for proper yard circulation. By building a larger accessory structure we are able to fill our “under roof” needs while still allowing for yard circulation without adversely impacting well, septic and drainfield locations. The unique circumstance is the building being built is considered an accessory structure, placing regulations that are more restrictive on it. If it were considered a primary structure, it would not require a variance. 5. The variance, if granted, will not alter the essential character of the locality. Yes. Granting this variance will not alter the essential character of the locality. The area is zoned industrial and is a patchwork of industrial uses with various structures and accessory structures. Both the property immediately to the north and immediately to the south contain multiple structures and lot configurations very similar to this request. The