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<br />due to the age of the structure, predating current Highway 10 configuration, unique constraints are present <br />which were not caused by the applicant. <br /> <br />5. The variance, if granted, will not alter the essential character of the locality. <br />The rear yard variance will not alter the essential character of the area as numerous structures share the <br />same rear yard setback non-conformity along the railroad right-of-way. <br /> <br />Side 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 />Side yard setbacks are required to provide space between buildings for safety, privacy, light, air circulation, <br />access for utilities, and emergency access. The proposed encroachment into the side yard setback eliminates <br />any access to the rear of the building on the west portion of the property. Currently there is accessibility <br />between the main building and the detached building. <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 /> <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br />While the existing structure which encroaches into the side yard setbacks is proposed to be removed, it is an <br />accessory structure, which typically has less restrictive setbacks. It is not reasonable to construct a new <br />principal structure that does not meet the typically larger setback requirements. <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 />due to the age of the structure, predating current Highway 10 configuration, unique constraints are present <br />which were not caused by the applicant. <br /> <br />5. The variance, if granted, will not alter the essential character of the locality. <br />Most structures in the vicinity, also in the C3 zoning district, provide some side yard setbacks and granting the <br />variance could alter the essential character of the locale. <br /> <br />Financial Impact <br />None <br /> <br />Mission/Policy/Goal <br />Ethical, efficient, and responsible. <br /> <br />Attachments <br />1. V 25-16 Location Map <br />2. Narratives <br />3. Site Plan <br />4. Photos <br />5. Exhibit A <br />6. Option A <br />Page 52 of 84