5.1. BASR 10-22-2019 - Laserfiche WebLink

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Hemmer Properties, the property holding company related to Distinctive Iron, is seeking a variance for relief from the city of Elk River’s code Sec 30-1312 which limits the size of an accessory building in Industrial Districts to 20% of the principle building square footage. Hemmer Properties proposes to build an accessory structure not to exceed 8,125 square feet on its recently acquired 3 acre parcel, which contains a principle structure of 13,000 square feet, at 15970 Jarvis St NW, Elk River, MN 55330. The variance is being requested as the configuration of the lot, combined with the lack of city sewer and water access, which requires well, septic and drainfield prohibits other building configurations that would not require a variance. Should the variance be granted, the proposed building will meet all other necessary setbacks and city code requirements. This variance is vital to the operation of Distinctive Iron’s business and its continued operation within the city of Elk River. A variance may be granted by the board only if it finds that: (1) The variance is in harmony with the general purpose and intent of the ordinance. A: 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. (2) The variance is consistent with the City of Elk River comprehensive plan. A: 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. 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; A: 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.