5.1. BASR 03-22-2022 - Laserfiche WebLink

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The proposed use includes retail sales where the primary product is outdoor sheds and garden furniture. The use requires large outdoor display areas and the submitted site plans show approximately 40 percent of the parcel area designated for outdoor display. 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 two standards that appyto outside storage in the Zoning ordinance are in Section 30-939 and 30-1024. They restrict the outdoor display area to I%of the lot area and 10% of the floor area of the principal structure. This mould allow 4,265 square feet using the lot area and 1,200 square feet using the principal structure area. ilhile these standards seem reasonable for a gas station with outdoor display or a grocery store with outdoor display, we do not believe the intent of the ordinance was to limit a unique business like Plants and Things to the same standard. Therefore, we believe the variance to be in harmony with the ordinance. The outdoor display standards are targeted at accessory uses, as noted in list of uses in the C-3 zoning district, rather than the primary use of the property.An example may be bags of salt or firewood outside of a gas station. The general purpose of the ordinance was not intended to limit this type of retail use. 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 comprehensive plan guides the property for highway commercial uses which include auto oriented retail uses with a regional impact. The request is consistent with the adopted 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; The operation of this business is unique and there are practical difficulties complying nvitb the ordinance. The ordinance mould require nearly a 4 acre building be constructed to house the landscaping products within an enclosed structure. This creates a practical dculty as a building of this side is not feasible for the nature of the business. The variance is reasonable for this use and will not alter the essential character of the locality. The proposed use as a retail operation for outdoor sheds and furniture is by nature a retail operation with an explicit need for outdoor display of products. The ordinance was not written to limit this type of reasonable use of the property,rather the excessive display of product not intended for exterior use. The request is reasonable,but not otherwise permitted by the ordinance.