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City Council Packet 09-15-2025
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City Council Packet 09-15-2025
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If our requests for variance are approved, we will continue to be in alignment with the plan and not create an <br />appearance of inconsistency as the city's targeted Urban Service Area Expansion takes shape. <br />While the Comprehensive Plan does support single-family uses, it also relies on zoning standards to ensure <br />orderly and consistent development. The proposed structure, exceeding both ADU and accessory size limits, <br />is inconsistent with those implementing standards. Therefore, the request is not fully aligned with the <br />Comprehensive Plan. <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 />The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br />After reviewing both applicable Elk River Municipal Codes and the relevant portions of the City of Elk River <br />comprehensive plan, we feel that both of our requests for variance contained in this narrative, propose to use our <br />property in a reasonable manner. <br />In relation the ADU portion of our request, while we will exceed the square footage limit for ADUs by approximately <br />600 square feet, it is a result of efficient use of space and will not be noticeable to neighbors or passersby. <br />We desire to exceed the physical footprint restrictions by approximately 148 square feet, which adds 3 linear feet to <br />the length of the building. We feel that this small increase to the total size of the structure would not create a building <br />size that would be noticeably different from others in our neighborhood and would at the some time dramatically <br />improve the visual appearance of our property and our ability to store items indoors. <br />Reasonable use of the property exists without a variance. The ordinance allows both an ADU up to 1,000 <br />sq.ft. and accessory structures up to 2,500 sq. ft. Designing and constructing to standardized building <br />dimensions is understandable, but this also can be achieved by reducing the size of the building from 47' to 44' <br />therefore falling within the allowed square footages. The property can accommodate these uses within <br />ordinance limits and exceeding them is not necessary to achieve reasonable use. <br />4. The plight of the petitioner is due to circumstances unique to the property not a consequence of the <br />petition's own action or inaction; and <br />As we considered this criteria, the challenge we have is the unique size and shape of our attached garage. We <br />purchased our home in 201 1 and our 2.S stall attached garage was part of the original owner's build. This restricts our <br />ability to build a more standard sized building and potentially increasing the cost to build. <br />The size of the attached garage is not a unique property condition but a result of the home's design. Variances <br />cannot be granted solely because of personal preference or building economics. Many properties in Elk River <br />have smaller or larger garages; this condition is not unique and does not justify exceeding code standards. <br />5. The variance, if granted, will not alter the essential character of the locality. <br />We have lived in our home for 13 years and 7 months. If approved our property and it's structures would remain <br />consistent with those of our neighbors. However, the external physical appearance of our property would be improved <br />Page 87 of 556 <br />
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