5.1. BASR 10-26-2021 - Laserfiche WebLink

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The applicant is requesting a front (along the Highway 10 RAV) and side yard setback variance to place the garage two feet from the property line at the closest point. The two-foot setback will remain along the east property line and the setback along Highway 10 will increase well beyond the two-foot minimum. The previous garage was removed and did not meet the minimum garage size standard of 22'x 24',was within the right-of-way for Highway 10, and was in poor structural condition. The new garage meets the minimum size guidelines as outlined in the ordinance. Applicable Regulation (The applicant's responses are italicized with staffs 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 The variance is in harmony with the general purpose and intent of the ordinance as it retains the harmonious use and appearance of the home with the character of the neighborhood and enhances the livability and usability of the home. This is accomplished by replacing the on garage with a garage placed within the confines of the property and outside of the DOT easement, creating space to park and place the family's vehicles and belongings.Additionally, it provides an actual physical barrier to the noise, activity, and danger of the adjacent highway for both the 507 Oxford family and the neighborhood. It should be noted that the DOT, when asked to includefencing or any type of screening between the neighborhood and the Highway declined. Placing the garage in this location actually provides desirable screening as well as a physical barrier to the dangers of Highway 70 and will deter neighborhood residents from continuing to use the formerpath of OxfordAv as an access point to attempt to access or even cross the highway in the absence of any proactive barriers which were declined by the DOT. Setbacks established to buffer between properties and public rights-of-way. The proposed garage is less intrusive than the previous one and due to the wide right-of-way for Highway 10 will be less impactful to the surrounding aeras.Additionally, the property to the east is a Veteran's Memorial that has been in place for some time.With the vacation of Oxford,the remaining east half of the right-of-way (approximately 30 feet) will become turf, further buffering the garage from the memorial. 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 variance is consistent with the City of Elk River comprehensive plan which maintains this area as a residential area. The request will be more consistent with city standards that what had previously been in place. 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; Variances may be granted when the petitioner establishes that there are practical diftulties in complying with the Zoning ordinance and in this case, we are prohibited from keeping the garage in the same location due to the DOT easement which is outside of our control. ilhen discussed with the DOT representative his exact statement was "don't take this the wrong way but we just don't care, It's a local matter and we have a sovereign order that allows us to do what we need to do, so we just