Laserfiche WebLink
CC, Anthony Froland <br />February 27, 1995 <br />Page 3 <br />-------------------------------------------- <br />A roximatel a ear a o the Cit of Elk River amended the zonin <br />pP Y Y g~ Y g <br />requirements for the accessory structure ordinance. In the A-1 (Agricultural) <br />zoning district, parcels that have greater than forty (40) acres are exempt <br />from restrictions on accessory structures. Prior to the amendments, parcels <br />in the R-1a zoning district were exempt from the accessory structure <br />requirements. This amendment from the accessory structure ordinance did <br />not include language exempting accessory structures in the R-la zoning <br />district. It is unclear to staff why this amendment did not include the R-1a <br />zoning district. Although this requirement no longer applies in the R-la <br />zoning district, it may be a consideration. <br />Mr. Froland currently owns approximately forty (40) acres. His property is <br />divided into two (2), twenty (20) acre, parcels. The reason given to staff for <br />the division of the forty (40) acre parcel into the two (2), twenty (20) acres, <br />parcels was because of mortgage requirements. <br />PLANNING COMMISSION <br />The Planning Commission reviewed this item on January 24, 1995. During <br />that meeting the planning commissioners discussed the variance and <br />conditional use permit requests. They recommended approval of the variance <br />`~ and conditional use permit requests with a condition attached with the <br />variance request. The Planning Commission recommended that if Mr. <br />Froland's property is subdivided, the addition to the accessory structure must <br />be removed. <br />Staff considered the legal aspect to the Planning Commission's recommended <br />condition with the variance request. After discussing this item with the City <br />Attorney, staff is of the opinion that it would be better to place that condition <br />under the conditional use permit. <br />RECOMMENDATION <br />Variance Request <br />Staff recommends approval of asix-hundred ninety three (693) foot <br />variance that would allow Mr. Froland to construct a thirty (30) foot <br />by thirty (30) foot addition to an existing accessory structure based <br />upon the following findings: <br /> 1) THE LITERAL APPLICATION OF THE ORDINANCE WOULD <br /> DEPRIVE THE PROPERTY OWNER SIMILAR RIGHTS <br />cc-froland.troy <br />