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PC, Anthony Froland <br />January 24, 1995 <br />LJ <br />Page 4 <br />According to City Code, no structure shall be allowed as a conditional use <br />that will cause any increase in the stage of the one-hundred (100) year or <br />regional flood or cause an increase in flood damages in the reach affected. <br />Accessory structures shall be constructed and placed on a building site so as <br />to offer the minimum obstruction to the flow of flood waters. <br />The proper procedure for conditional use permits and variance requests <br />should include applying for the necessary permits and receiving approval <br />before construction begins. Staff is concerned, that because of the sequence of <br />events, this request may result in a trend where individuals first begin <br />construction and then apply for the necessary permits. Individuals that may <br />feel they have a .poor chance of getting approval of the necessary permits may <br />decide to begin construction of the structure in order to improve their .chance <br />of getting approval. <br />Mr. Froland intends to use the accessory structure for agricultural purposes. <br />Because the proposed structure is metal skinned, it will have to meet athree- <br />hundred (300) foot setback from all surrounding property. The proposed <br />structure meets this requirement. <br />• Approximately a year ago, the City of Elk River amended the zoning <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-la 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-la <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 />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 />pc-froland.troy <br />