5.3. BASR 08-23-2022 - Laserfiche WebLink

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Applicable Regulation (The applicant’s responses are italicized with staff’s 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 We are intending, although outside of the zoning distances to conform to the neighborhood while also protecting personal property and self from the elements. The general purpose and intent are to have uniform setbacks of structures along a street. The subject th parcel and many of the neighboring properties along 189 Avenue already do not meet the front yard setbacks requirements. There is limited opportunity for placement of a garage on site without impacting yard, septic/drainage field, or river setbacks. Literal enforcement would not allow for an accessory structure to be constructed. 2. Is consistent with the City of Elk River comprehensive plan. We are not only trying to conform with the neighborhood as most, if not all currently have either a detached or attached garage but we are trying to increase the value of the property and make it safer for the occupant(s). The property is guided for Traditional Single-Family Residential and single-family houses with garages are expected and required. The use is consistent with 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; Although our request is non complaint solely on the north end having an attached garage will add value to the property, surrounding properties, and will provide adequate shelter for personal property to continue keeping Elk River looking pristine. As with any property in the city, the ordinance requires a minimum of 440 sq. ft. (20’x22’) garage space. Having a garage on a residential property is reasonable and is an expectation/requirement in the neighborhood and the city. The petitioner proposes to use the property in a reasonable manner. 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 We kept it within setbacks on the East, West, and South Side of the garage to keep the design of the existing structure. We would like a garage unique to the property and other surrounding properties have garages outside of city ordinance. We are not requesting max setbacks on the East, West and South side as we would like the garage to match the existing structure and those around it. The Fifth Plat of Camp Cozy, which the subject property is part of, was platted 97 years ago in 1925 prior to being a part of the city. When the township consolidated with the city in 1978 new ordinances and regulations were placed on the property. As a result of this, many of the properties do not conform with current standards. The plight of the petitioner is due to circumstances unique to the property that are not a consequence of the petitioner's own action or inaction.