5.2. BASR 09-22-2020 - Laserfiche WebLink

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The variance to allow an increased impervious surface is in harmony with the general intent of the ordinance. The city code does not have a different regulation for impervious surface of a commercial, industrial or public use within the shoreland overlay and siVyrestnas all sites to 25% impervious coverage. The site exists today with 43% impervious surface and we are incorporating additional stormwater management methods on the site to account for the additional impervious surface proposed. Wl'e believe this meets the intent of the ordinance to protect Elk River from additional stormwater and pollution impacts. While the applicant is asking for 65% of impervious lot coverage, they are implementing stormwater management methods resulting in no additional discharge from the site than currently exists. 2. Is consistent with the City of Elk River Comprehensive Plan. The variances are consistent with the City of Elk River Comprehensive Plan because they allow ERMU to expand within the existing site. ERMU provides all mater service to Elk River, which is a necessity for the community. ERMU has also been implementing additional measures to conserve water where possible and to reduce environmental concerns, which will be aided by the expansion. The subject area has an underlying land use of Mississippi Connections,which is consistent with the R1-c zoning district and permits Governmental Facilities. The use will be 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 mean that: 3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; ire are proposing to continue the existing use of the property as a government facility which is a permitted conditional use for the R-7c honing district. The proposed variances allow ERMU to expand from the existing structures and make needed improvements to the site to allow smooth operations and continuedgrowth. It is reasonable for a company to expand their operations and to implement stormwater management methods to mitigate any adverse effects of additional impervious surfacing. 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 The variance requests are due to the existing buildings and site layout and the code restrictions that have been put in place since the property was initially developed. This site is unique in that it is restricted by shoreland overlay standards that are catered towards residential lotsyou typically find near a lake. The combination of these circumstances creates a unique property. The allowable hardcover on this site creates significant constraints. The existing structure is already exceeding hardcover limitations and due to adjacent wetlands and a stormwater pond, there are no alternative options to achieve the desired goal for expansion.Additionally, critical infrastructure to the operation of ERMU is located at this site and could not be relocated. 5. The variance,if granted,will not alter the essential character of the locality. The variances, ifgranted, will not change the essential character of the locality. The ERMU site has existed in this location for many years and become a part of the locality. These variances will allow the site to be developed around the existing buildings and to remain with the same character that exists today.