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<br />. <br /> <br />Jason Volkers <br />June 28, 1994 <br /> <br />Page 2 <br /> <br />ANALYSIS <br /> <br />M1'. Volkers is proposing to construct a 936 square foot detached accessory <br />building on his parcel. Current ordinance allows 1,200 square feet total <br />attached and detached acceSSOl'Y structure area in the RIb zoning district. <br />Mr. Volkers owns two and one-half (2 1/2) acres in the RIb zoning district. <br />The site does not have City water and sewer at this time, however, City <br />services are planned for this area in the future. A limit was placed on the <br />size of detached structures because of the anticipated increase in density of <br />this area. Mr. Volkers' proposed accessory building is only 220 square feet <br />larger than the maximum standards. A 20' by 35 1/2' shed could still be <br />constructed on Mr. Volkers property without the need for a variance. <br /> <br />'iT ARIANCE REQUIREMENTS <br /> <br />. <br /> <br />Staff refers the Planning Commission to Section 900.40 of the City of Elk <br />River Code of Ordinance for the five standards to consider when reviewing a <br />variance request and to Mr. Volkers' letter addressing these standards. Staff <br />does not feel there are adequate findings to grant the variance since a valid <br />hardship must be shown before a variance can be approved. Denying the <br />variance would not cause undue hardship in that M1'. Volkers will still have <br />the ability to construct a 716 square foot detached accessory building for his <br />motor home and tractor. <br /> <br />RECOMMENDATION <br /> <br />Staff recommends denial of the variance request to exceed the maximum size <br />of accessory structures due to the following findings: <br /> <br />1. This would not cause undue hardship in that Mr. Volkers will <br />still have the ability to construct a 716 square foot detached <br />accessory building for his motor home and tractor. <br /> <br />2. Property owners in this area are also subject to the same <br />requirements for accessory structures, therefore, the situation is <br />not unique to the Volker's property. <br /> <br />3. <br /> <br />Literal application of the provisions of this ordinance will not <br />deprive the petitioner of the rights enjoyed by other properties <br />in this same district and that the terms of this ordinance for the <br />variance will not be keeping \vith the spirit and intent of the <br />ordinance. <br /> <br />. <br />