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Variance Request to the City of Elk River Section 2. Setback Variance Request <br />June 30, 2025 <br /> <br />3 <br /> <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties <br />in complying with the zoning ordinance. Practical difficulties means that: <br /> <br />(1) The petitioner proposes to use the property in a reasonable manner not permitted by <br />the zoning ordinance <br /> <br />The zoning ordinance requires a 25-foot wetland buffer strip and a 20-foot wetland buffer strip <br />setback. A reasonable routing alternative is not available, and wetlands are present on both <br />sides of the proposed access road. The requested variances are reasonable. <br /> <br /> <br />(2) The plight of the petitioner is due to circumstances unique to the property not a <br />consequence of the petition's own action or inaction <br /> <br />The requested variances are in locations where wetlands are present on both sides and prevent a <br />complete avoidance of the wetland buffer strip and setback. The requested variances are <br />because of circumstances unique to the property. <br /> <br /> <br />(3) The variance, if granted, will not alter the essential character of the locality. <br /> <br />The proposed access road is routed on an existing farming road which provides access to the <br />east side of the site. The requested variances will not alter the essential character of the locality. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />Page 14 of 81