7.2. & 7.3. SR 02-27-1995 - Laserfiche WebLink

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PC, Anthony Froland January 24, 1995 Page 3 -------------------------------------------- this stream, which is one-hundred-(100) feet, but must receive approval of a conditional use permit to build within the floodway district. According to city code (Sect. 902.02), floodway is defined as "the bed of a wetland or lake and the channel of a watercourse and those portions of the adjoining floodplain which are reasonably required to carry or store the regional flood discharge. All existing accessory structures on Mr. Froland's property are also located within the floodway district, but have a legal non-conforming status. These structures were located within the floodway district prior to .the establishment of this requirement upon that area. Alterations, modifications, and/or additions to these structures are not allowed without the aid of a conditional use permit. The accessory structure is being proposed as an addition to an existing accessory structure, which is already located within the floodway district, and would be located within the floodway district regardless of which side of the building it could be located. It is not possible to locate the proposed addition onto the existing accessory structure without being located within the floodway district. APPLICANT'S REASON'S FOR VARIANCE When reviewing an application for a variance request, staff reviews the five (5) standards outlined in the city code that apply to a variance. Mr. Froland has not indicated how his request meets the five (5) standards of the variance requirements. Instead, Mr. Froland has mentioned in conversation that he currently owns approximately forty (40) acres and the proposed addition would not be unusually large or create an unsightly structure on his lot. Because of the large size of the property and the agricultural use of the site, Mr. Froland feels that the proposed accessory structure addition would be similar to other farmsteads in the city. ANALYSIS The Department of Natural Resources (D.N.R.) has been contacted in regard to this item and made comments related to the conditional use permit. The D.N.R. has mentioned that if the accessory structure remains a "pole type" building and the exterior siding allows the free flow of water below the one- hundred (100) year flood level, it may not cause an increase in the one- hundred (100) year flood stage. The D.N.R. also mentioned that a condition should be attached with the conditional use permit that would restrict any future modification of the accessory structure. The D.N.R. is not opposed to the conditional use permit request as long as these guidelines are followed. • pc-froland.troy