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<br />streetscape to support and redevelop businesses in the area. <br /> <br />Applicable Regulations <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The applicant’s responses are noted in italics. Appropriate staff responses are included when <br />needed. The variance is: <br /> <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br />The ordinance intent is to foster the steady and opportunistic highest and best use of the area for a commercial <br />corridor AND influenced by the desire to extend the urbanscape feel and usability of the area from downtown Elk River <br />to the, about to be finished Highway 169 infrastructure. Maximizing and balancing the use, potential, and community <br />service & support goal of attracting community centric users in the corridor. <br /> <br />The reduced setbacks support development of the site. The proposed 10-foot setback in the front yard <br />provides adequate space for existing utilities to be moved underground, improving the visual appearance of <br />the corridor. Dedication of an easement to support this work has been included in the recommendation of <br />approval. <br /> <br />The variance 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 />City is currently in the process of establishing and defining an urbanscape identity and updated plan for the Main St. <br />corridor. This variance aligns with the early high level perceived parameters and scope of the yet to be investigated <br />and refined plan in the future. <br /> <br />Standalone commercial uses are permitted within the existing Mixed Use land use category. <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 <br />the 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 />This will help maximize the redevelopment potential of the Main and Gates area consistent with the HRA's previously <br />articulated vison for the area. The prior use as aged and deteriorated residential stock set back from the street and <br />the remnants of same is not consistent with the main street corridor desire of the area. <br /> <br />The adjacent parcel has received a variance to support development on the smaller parcels located in this <br />area of Elk River, and the request is consistent with similar uses in the area. <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 scope of the redevelopment area that the HRA was able to gather together with the current resources and <br />acquisition opportunity is unique and challenging due to the desire to retain the surrounding uses and property owners <br />in a meaningful, coexistent, and cooperative environment. The fostering and provision for redevelopment, while still <br />retaining the characteristics and opportunities historically enjoyed by the areas neighboring ongoing concerns and <br />property owners, is a critical as well as fiduciary responsibility for stakeholders involved. <br /> <br />The site boundaries are established and fitting a new use into an area that had historically been dedicated to <br />Page 18 of 22