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<br />The C-3 Structure Setbacks from property lines are as follows: <br /> Front: 25’ <br /> Side: 20’ <br /> Rear: 40’ <br /> Max Height: 45’ <br /> <br />The subject property is uniquely constrained by its location between Highway 10 and the railroad tracks, <br />limiting buildable area and growth potential without impacting required setbacks. The existing principal <br />structure already encroaches into the required rear setbacks. <br /> <br />The applicant proposes to remove the existing accessory garage on the west property line and replace it with <br />a new building addition. The applicant believes the addition would modernize and expand the business, <br />improve the existing structure, and support the City’s goal of strengthening Elk River’s community identity. <br /> <br />The applicant has shown an ongoing need for parking, leasing overflow city parking for business operations. <br />They are not proposing any additional onsite parking for the project, and parking will continue to be provided <br />by the city lot along Highway 10. The applicant states that the proposed variance would enable continued <br />business growth while maintaining compatibility with neighboring properties. <br /> <br />Staff are supportive of the rear yard setback but have concerns with the side yard setback as it will encumber <br />access to the rear of the building, potentially limiting the ability of emergency services to respond. Staff would <br />like the Board of Adjustments to discuss parking and whether or not the additional building space should <br />require the creation of dedicated off-street parking spaces.. <br /> <br />The Burlington Northern Santa Fe railroad has been notified of the request and as of the drafting of this <br />memo, staff have not received a response. <br /> <br />Applicable Regulations <br />Rear Yard Setback Variance Analysis <br />Variances may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. The variance is: <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br /> <br />The proposed variance supports the ordinance’s intent by allowing reasonable use of a constrained lot, while <br />improving site function and aesthetics. The existing principal structure has been maintained along the railroad <br />right-of-way for many decades with no concern. <br /> <br />2. Is consistent with the City of Elk River comprehensive plan. <br />The project aligns with the City’s comprehensive plan by enhancing a visible property along Highway 10, <br />reinforcing community identity, and contributing to downtown revitalization. <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 />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br />Given site limitations, the rear yard variance allows the applicant to reasonably expand and improve the <br />property in a manner otherwise precluded by strict adherence to setbacks. Again, the existing principal <br />structure has been maintained along the railroad right-of-way for many decades with no concern. <br /> <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 />While it can be reasoned a buyer should understand the constraints of a property before they purchase it, <br />Page 51 of 84