Laserfiche WebLink
Case File: V 08-08 United Methodist Church <br />Page 3 Variance <br />Applicable Regulations <br />Variance Criteria <br />1. Literal enforcement of the ordinance will cause undue bardsbi . <br />Literal enforcement would cause undue hardship. The property owner would not be able to <br />build an addition that would accommodate the number of people needed to continue providing <br />its services to the local community. This request is different than a typical commercial building, <br />as the size of the building has a direct connection on number of people using it. The type of use <br />on the property has inherent needs for size that are uncommon to the typical uses in the R1 c <br />zoning. <br />2. The bardsbip is caused by Oe6ial conditions and circumstances, which are peculiar to the property and the <br />structure involved and which are not characteristic of or applicable to, other lands or structure in the same area. <br />The special condition is that an institutional use/building is on a one -acre residentially -zoned <br />property. The lot sizes in this zoning are indented for residential structures and the existing use <br />is a large church, which inherently might require large additions. <br />The shape of the property and access/parking needs also creates hardships in the ability to place <br />structural additions in a manner that does not require a variance. <br />3. The rOe(ial conditions and circumstances are not a consequence of the petitioner's own action or inaction. <br />The circumstance is not a consequence of the petitioner's action. The church has been in place <br />for many years and the R1c zoning rules may have changed over the years. The setback <br />regulations are intended for residential uses, where large additions are not common. <br />4. The literal a4plication of the provisions of this ordinance would deprive the -petitioner of jygbts enioyed b oy ther <br />properties in the same district under the terms of this ordinance. <br />The current use (Institutional) is not characteristic of other properties in the area because they <br />are residential properties. Elk River United Methodist Church is a community church that has <br />been an integral part of its neighborhood for many years. The setbacks as proposed would <br />continue to match the existing building. The expansion will allow the church to serve more of <br />the neighborhood that it is a part of. <br />Other properties (homes) are able to create additions to their structures more easily due to their <br />size and nature or use. <br />S. The variance will not be iniurious to or adverselafect the health, safe_4E or wel{are of the residents of the citor <br />the ne4gbborhood where the properly is located and will be in keeping with spirit and intent of the ordinance. <br />The variance would not be injurious to or adversely affect the health, safety or welfare of the <br />residents of the city. <br />S:\PLANNING MAIN\Case Files\Variance\V 08-08 ER United Methodist Church\V 08-08_BA.doc <br />