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§ 30-635 ELK RIVER CODE Sec. 30-635. Variances.. (a) A variance may be requested only by the owner of the property (petitioner) to which the variance would apply. A variance may not be granted which would allow the use of property in a manner not permitted within the applicable zoning district, provided that the board may grant a variance for the temporary use of a single- family dwelling as atwo-family dwelling. In grant- ing ax~y variance, the board may prescribe condi- tions to ensure substantial compliance with this article and to protect adjacent property, includ- ing, without limitation, an expiration date. The violation of any written condition shall constitute a violation of this article. No request fora vari- ance may be resubmitted sooner than six months following a denial. A variance shall become void within two years following issuance unless sub- stantial action has been taken by the petitioner in reliance thereon. (b) A variance may be granted by the board only if it finds that: (1) The literal enforcement of this article would cause undue (unnecessary, unavoid- able, extreme) hardship. (2) The hardship is caused by special condi- tions and circumstances which are pecu- liar to the land and structure involved and which are not characteristic of, or - applicable to, other lands or structures in - the same district.. (3) The literal application of the provisions of this article would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this article. (4) The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. (5) The variance will not be injurious to or adversely affect the health, safety or wel- fare of the residents of the city or the _ neighborhood wherein the property. is sit- uated and will be in keeping with the spirit and intent of this article. (Code 1982, § 900.40(5)) , State law reference-Variances, Minn. Stats. § 462.357, subd. 6(2). Supp. No. l CD30;