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5.1. BASR 05-23-2023
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5.1. BASR 05-23-2023
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5/17/2023 9:53:44 AM
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City Government
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5/23/2023
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1.29 acres and adding about 1.80 acres to Parcel-A, creating a buildable parcel. The Proposed Parcel-A will be 5.21 <br />th <br />acres in size and have access to 196 Avenue. <br /> <br />The subject parcel, along with much of the area, was recently added to the urban service district where lot sizes <br />could be around 11,000 square feet. While services are not expected to be in the area soon, there are services <br />available to the proposed buildable parcel from the west and the new proposed parcel may be required to hook up <br />to city services. <br /> <br />The subject property is located within the emergency response area of a municipal well, any construction on this <br />property needs to follow Minnesota Department of Health wellhead protection requirements. <br /> <br />Applicable Regulation <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria described <br />below. The variance is: <br /> <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />Lot sizes are typically established to ensure that new development is consistent with the intended character <br />of the neighborhood or community. <br /> <br />There are 18 parcels directly across the street that are 0.88 acres in size. The parcels on the same side of <br />the street are a minimum of 3-acres. It appears the intent was to split these parcels in half, creating <br />additional lots along the right-of-way (Parcel-A). Current lot size requirements are 2 ½ acres but future lot <br />sizes could be around 11,000 square feet. <br /> <br />The request is in harmony with the general purpose and intent of the ordinance. <br /> <br />2. Is consistent with the City of Elk River Comprehensive Plan. <br />The property is guided for Traditional Single-family Residential. This category predominately consists of <br />single-family detached homes occupying moderately sized lots. This land use is the most prevalent <br />residential type within the Urban Service Area and consists of a range of neighborhood typologies <br />including the historic grid block pattern neighborhoods surrounding the downtown and newer curvilinear <br />block pattern subdivision developments in the north, east, and west. <br /> <br />While the property and the area are now included in the urban service district, the timeline to transition to <br />city services is unknown. <br /> <br />The variance is consistent with the City of Elk River Comprehensive Plan. <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the <br />zoning ordinance. Practical difficulties means that: <br /> <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; <br />The applicant and property owner are proposing to adjust a property line to make an undevelopable parcel <br />buildable and similar to the size of nearby parcels. <br /> <br />The petitioner proposes to use the property in a reasonable manner. <br /> <br />
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