4. BASR 08-12-2008 - Laserfiche WebLink

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Case File: V 08-08 United Methodist Church Page 3 Variance Applicable Regulations Variance Criteria 7. Literal en~oreement o~the ordinance will cause undue hardship. Literal enforcement would cause undue hardship. The property owner would not be able to build an addition that would accommodate the number of people needed to continue providing its services to the local community. This request is different than a typical commercial building, as the size of the building has a direct connection on number of people using it. The type of use on the property has inherent needs for size that are uncommon to the typical uses in the R1 c zoning. 2. The hardship is caused b~sbecial conditions and circumstances, which are t~eculiar to the brol~erty and the structure involved and which are not characteristic o{. or aD~licable to, other lands or structure in the same area. The special condition is that an institutional use/building is on a one-acre residentially-zoned property. The lot sizes in this zoning are indented for residential structures and the existing use is a large church, which inherently might require large additions. The shape of the property and access/parking needs also creates hardships in the ability to place structural additions in a manner that does not require a variance. 3. The .r~ecial conditions and circumstances are not a consequence of the Detitioner's own action or inaction. The circumstance is not a consequence of the petitioner's action. The church has been in place for many years and the R1c zoning rules may have changed over the years. The setback regulations are intended for residential uses, where large additions are not common. 4. The literal application o~the brovisions o{this ordinance would debrive th~etitioner o~rights enioyed b oy ther broberties in the same district under the terms o~this ordinance. The current use (Institutional) is not characteristic of other properties in the area because they are residential properties. Elk River United Methodist Church is a community church that has been an integral part of its neighborhood for many years. The setbacks as proposed would continue to match the existing building. The expansion will allow the church to serve more of the neighborhood that it is a part of. Other properties (homes) are able to create additions to their structures more easily due to their size and nature or use. S. The variance will not be iniurious to or adversel~a~fect the health, sa~et~ or wel{are o~the residents o the cit~r the neighborhood where the broperty is located and will be in keebing with spirit and intent o~the ordinance. The variance would not be injurious to or adversely affect the health, safety or welfare of the residents of the city. S:\PLANNING MAIN\Case Files\Variance\V 08-OS ER United Methodist Church\V 08-08_BA.doc