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2. Is consistent with the City of Elk River Comprehensive Plan. <br />The subject property is guided for residential uses and homes/additions are acceptable in this land <br />use and zoning district. <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying <br />with the zoning ordinance. Practical difficulties mean that: <br /> <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br />The applicant is proposing to utilize a significant amount of the property. With the limited <br />encroachments, as shown on the submitted site plan, and implementation of storm water <br />treatment features, the applicant proposes to use the property in a reasonable manner. <br /> <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of <br />the petitioner's own action or inaction; and <br />The property is 11,325 SF in size, slighty larger than the required lot size in the R1-c district of <br />11,000 SF. It is 99’ wide by an average of about 105’ deep. The R1-c district requires parcels to be <br />80’ wide and 130’ deep. On average, the parcel is about 25’ less than the required depth, which is <br />a unique circumstance. <br /> <br />The northeast corner of the existing house is about 30’ from the OHW. If the property had the <br />additional 25’ of depth, it would meet the OHW setback. In order to prevent the structure from <br />becoming more non-compliant, staff is recommending no portion of the house addition or deck <br />can be closer than 30’ to the OHW and follow the submitted site plan date 12/11/2019. <br /> <br />5. The variance, if granted, will not alter the essential character of the locality. <br />Homes and accessory structures are an allowed use and many of the structures along the lake, in <br />the immediate vicinity, encroach within the 50-foot setback. The essential character of the locality <br />would not be altered. <br /> <br />Financial Impact <br />None <br /> <br />Council Meeting <br />If denied, or an appeal is made by any interested party by December 27, 2019, this item will go to the <br />January 21, 2020, City Council meeting. <br /> <br />Attachments <br /> Location Map <br /> Applicant’s Narrative <br /> Site Plan dated 12/11/2019 <br /> Area Vicinity Exhibit <br /> <br /> <br />N:\\Departments\\Community Development\\Planning\\Case Files\\V\\V 19-12 Brixius\\4-Board of Adjustments\\5.1 SR pc 12-17-2019.docx <br />