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Applicable Regulation <br />(The applicant’s responses are italicized with staff’s notes after.) <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 />The setbacks and lot width standards are intended to create a standard throughout a proposed <br />subdivision/neighborhood. The requested standards would apply to all homes within the project area and <br />would not create a unique situation within an established area. <br /> <br />As the variance request will allow consistent development throughout the project area, the variance is in <br />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 subject site is guided for single-family residential uses and the proposed use of the property is a five- <br />lot, single-family residential project. <br /> <br />The variance is consistent with the 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 <br />ordinance; <br />The proposed residential development is relatively compact and the request only applies to the five parcels <br />in the subdivision. The project is also consistent with other, similar, developments throughout the <br />community. <br /> <br />The proposed variance is a reasonable use not permitted by the zoning ordinance. <br /> <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the <br />petitioner's own action or inaction; and <br />The site has been the subject of numerous proposals and due to the unique shape, access, and location has <br />been difficult to develop. Additionally, much of what had been assumed to be part of the buildable parcel <br />is now occupied by a stormwater pond for Highway 10, further restricting the buildability of the site. <br /> <br />The uniqueness of the parcel is not a consequence of the petitioners own inaction or action. <br /> <br />5. The variance, if granted, will not alter the essential character of the locality. <br />The site abuts an existing single-family residential parcel and is otherwise surrounded by Lake Orono and <br />Highway 10. <br /> <br />The variance would not alter the essential character of the locality. <br /> <br />Financial Impact <br />None <br /> <br /> <br /> <br />