5.4. BASR 08-23-2022 - Laserfiche WebLink

Home Browse Search

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 The variance is to allow access to detached garage, which is a use intended by the ordinance. The general purpose and intend is to provide a buffer between a driveway and neighboring property for drainage and utility purposes. The city engineering department has no concerns with a driveway being in a portion of the 5-foot easement. If the variance is approved, staff recommends the driveway not be closer than 1-foot from the property line. 2. Is consistent with the City of Elk River comprehensive plan. Again, the City's comprehensive plan contemplated homes with accessory structures and being able to access them. The property is guided for Traditional Single-Family Residential and single-family houses with accessory structures and driveways are expected. 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; The petitioner's use of the property is reasonable and permitted, with the exception of meeting the setback for a driveway. Parcels larger than one acre in the R-1a zoning district are allowed two driveways. 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 petitioner's own action or inaction; and Prior to the platting of this property the existing accessory structure (shown in red on the attached site plan) was access from the bottom of a steep ridge. This access (shown in yellow) now crosses multiple lots and wetlands created when the property was developed and can no longer be used. As you can note, the contours on the west side of this lot are too steep for a new driveway. The only logical location down the hill for a driveway is on the east side of the parcel. The location of the septic system (shown in orange) prohibits a driveway on the east side from moving far enough west to meet the 5-foot setback from a property line to a driveway the entire distance. We are only proposing a 10-foot-wide driveway, which isn't excessive. The purpose of this 5-foot setback is so snow is not pushed onto a1n adjoining property. These are larger lots and shouldn't be an issue, but we will plow in a manner that avoids placing snow on the neighboring property. The original homestead had an established vehicular circulation pattern that worked with the landscape of the property. With the platting of the property, the usability of the accessory structures is now dependent on access responding to the new landscape constraints of the parcel. The plight of the petitioner is due to circumstances unique to the property and are not a consequence of the petitioner's own action or inaction.