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<br /> <br />REQUEST FOR ACTION <br /> <br />To <br />Ci Council <br />Agenda Section <br />Communi Develo ment <br />Item Description <br />Request by City of Elk River to Appeal the Board of <br />Adjustments Decision on Case V 07-07 <br /> <br />Meeting Date <br />Se tember 17, 2007 <br /> <br />Item Number <br />6.1. <br />Prepared by <br />Sheila Cartne , Senior Planner <br />Reviewed by <br />erem Barnhart, Plannin <br />Reviewed by <br /> <br /> <br />Action Requested <br /> <br />Approve the expansion of a non-conforming use by building a 1,792 square foot garage with a 495 square <br />foot gazebo attached (2,287 square feet total), as illustrated on drawings dated July 30, 2007, with the <br />following conditions: <br /> <br />1. All comments and conditions of the Environmental Administrator's memo dated <br />August 14, 2007 shall be addressed. <br />2. All comments and conditions of the Plans Examiner's memo dated August 7, 2007 <br />shall be addressed. <br />3. All applicable building codes and permits apply. <br /> <br />Summary <br />The applicant is requesting to construct a garage and gazebo on their residential property that is currently <br />zoned C-3. In the C-3 district accessory structures and residential uses are not permitted; therefore, the <br />residence is a legal non-conforming use. Section 30-698 of the City Code lists two criteria that must be <br />met in order to approve an expansion of a legal non-conforming use, the proposed additions meet these <br />criteria. <br /> <br />Staff is bringing this before the City Council as directed by the City Attorney. The procedure for this <br />application is fairly unique. To ensure that the City Attorney's and staff's interpretation of the applicable <br />section is consistent with the City Council's, staff is appealing the Board of Adjustments decision. Staff <br />supports the Board of Adjustments decision, but is appealing to provide the Council with standing to <br />review the decision. <br /> <br />Board of Adjustments Discussion <br />The Board of Adjustments approved the expansion of the non-conforming use as presented. The Board <br />agreed that the two criteria set forth in the City Code are met and that a garage for a single family <br />residential use is appropriate. <br /> <br />Public Comment <br />There was no public comment at the Board of Adjustments meeting. <br /> <br />S:\pLANNING\Case Files\ Variance\ V 07-07 Kirkeide\CC cover sheet 09.17.doc <br />