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<br />The existing wetland on the property has been reviewed by the city’s environmental staff and the proposed <br />cul-de-sac will encroach into the wetland buffer and setback areas. Staff have spoken with the applicant about <br />moving the cul-de-sac, but there will be some impact on the buffer areas. <br /> <br />Applicable Regulations <br />The variance standards are outlined below. The applicant's responses are noted in italics. <br /> <br />A variance may be granted when the petitioner establishes that the variance satisfies all five of the criteria <br />described below. <br />The variance is: <br /> <br />1. Is in harmony with the general purpose and intent of the ordinance, and <br /> <br />This variance, I believe to be in harmony with the general purpose and intent ordinance of the City of Elk River. <br /> <br />The proposal preserves rural density, septic capacity, and access standards. While two lots are under 2.5 <br />acres, both exceed 1 acre of upland area, generally providing enough buildable area for a rural single-family <br />home. <br /> <br />The cul-de-sac will be a public asset and provide access to two buildable lots. The cul-de-sac is an <br />improvement over the existing dead-end street, and the change will improve access for residents, public <br />services, and large trucks. <br /> <br />2. Is consistent with the City of Elk River comprehensive plan. <br /> <br />My request, in addition to allowing the subdivision of this property into two parcels smaller than the 2.5 acre minimum <br />for this Zone, would be to allow the proposed cul-de-sac in the preliminary plat to shift south enough so it's no longer in <br />proximity of the edge of the wetland. I also am curious to know if the cul-de-sac could be smaller than what’s on the <br />preliminary plat drawing or is that a fixed code requirement? If so, I would propose making the cul-de-sac as small as <br />the city would allow. Also, if the city would permit the well to exist within the easement zone of the cul-de-sac so that <br />the cul-de-sac could shift as far south as possible that the city would allow as well as avoid relocating utilities near the <br />western border of the proposed Cul-de-sac <br /> <br />The development is consistent with the plan's objectives for low density growth, housing diversity, and <br />maintaining rural character while offering affordable residential options. It supports the city's goals of utilizing <br />existing infrastructure efficiently and promoting accessible housing opportunities. <br /> <br />The addition of the cul-de-sac is supported by the Comprehensive Plan as it provides safe and efficient access <br />to both parcels. <br /> <br />Variances may be granted when the petitioner establishes that there are practical difficulties in complying with <br />the zoning ordinance. Practical difficulties mean that: <br /> <br />3. The petitioner proposes to use the property in a reasonable manner not permitted by the zoning <br />ordinance; <br /> <br />The petitioner proposes to use the property for single-family residential lots, which is a reasonable and <br />expected use in this zoning district. The two lots in question are modestly under the 2.5-acre minimum but <br />have appropriate space to support single-family use and required septic areas. <br /> <br />The existing street currently ends in a dead-end without a cul-de-sac. Improving the street with a cul-de-sac <br />will bring the property into compliance with city standards and improve the functionality of the street. The <br />Page 66 of 83