5.2. BASR 06-27-2023 - 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 The intent of the accessory structure size limits is meant to maintain a community aesthetic and preserve open space in the city’s residential areas. The proposed accessory structure size is within the parameters that are allowed on parcels just 0.06 acres (approx. 2,600 SF) larger than the subject site. The general observer would not notice the lot size difference and as such the proposed variance to exceed the accessory structure limit by 1,100 SF, but well below the limit afforded a 10-acre parcel. The variance is in harmony with the general purpose and intent of the ordinance. 2. Is consistent with the City of Elk River Comprehensive Plan. The subject site is guided for single-family residential uses and the proposed accessory structure variance would not alter that use. The variance 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; The property is 0.06 acres below the threshold needed to exceed the current garage space limit of 4,000 SF. Their request keeps the accessory structure limit well below the 10-acre threshold that they nearly meet, and the overall appearance of the structure and location would not create an unusual appearance for the area. The proposed variance is a reasonable use not permitted by the zoning ordinance. 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 The applicant states that the 0.06 acres of land that the site would need to meet the 10-acre limit for additional garage space was dedicated to the adjacent parcel. While this cannot be verified, the parcel does abut the city/county boundaries and the jurisdictional limits may have created the situation where the plat was slightly below 10-acres. The proximity to the city/county limits is unique and is not a consequence of the petitioner.