Laserfiche WebLink
<br />e <br /> <br />e <br /> <br />e <br /> <br />Gary Westerland, <br />December 28, 1993 <br /> <br />\ . <br />...r~ance <br /> <br />Page 2 <br /> <br />restricts a convenient location. Note the attached site plan <br />which shows the location of the drainfield and gas line. <br /> <br />DNR REVIEW <br /> <br />This application was sent to the DNR Area Hydrologist for <br />review. At the time this memo was written, staff has not <br />received a formal response from the DNR on this request. The <br />DNR has recently hired a new Area Hydrologist for Sherburne <br />County. I talked with him on December 20, 1993, regarding this <br />request. Although he did not have a chance to review the site <br />plan, his preliminary response was that it should not be a <br />problem. However, until he has a chance to review the site <br />plan thoroughly, he does not want to give a formal <br />recommendation. If this proposal is approved, it should be <br />contingent upon Mr. Westerland receiving a favorable response <br />from the DNR. <br /> <br />VARIANCE REQUIREMENTS <br /> <br />Staff refers the Planning Commission to Section 900.40 of the <br />City of Elk River Code of Ordinance for the five standards to <br />consider when reviewing a variance. Staff also refers the <br />Commission to Mr. Westerland's letter addressing these five <br />standards. Staff feels that there are adequate findings to <br />grant the variance from the ordinary high water mark. The lot <br />is limited to the placement of the garage due to the location <br />of the drainfield and gas line. Although alternative sites <br />exist for placing a detached garage on the parcel, the proposed <br />location is much more accessible and convenient for the <br />homeowner. Mr. Westerland's home was constructed before the <br />current Shoreland rules were in place, therefore, it is <br />extremely difficult to modify his home in any manner without <br />encroaching on the setback. It should be stressed that the <br />proposed addition will not encroach any further on the setback <br />than the existing structure. Finally, construction of a garage <br />on the parcel would bring the property into conformance with <br />current City code requirements. <br /> <br />RECOMMENDATION <br /> <br />Staff recommends approval of <br />required 100 foot setback <br />following findings: <br /> <br />the 50 foot variance from the <br />from the Elk River based on the <br /> <br />1. <br /> <br />LITERAL ENFORCEMENT OF <br />UNNECESSARY HARDSHIP BY <br />CONSTRUCT A GARAGE ON <br />LOCATION ON HIS PARCEL. <br /> <br />THE ORDINANCE WOULD CAUSE <br />NOT ALLOWING THE APPLICANT TO <br />AN ADEQUATE AND CONVENIENT <br /> <br />2. <br /> <br />THE VARIANCE IS NOT A CONSEQUENCE OF THE PETITIONER'S <br />ACTION BUT DUE TO A CHANGE IN CITY CODE. <br />