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Memo to the Mayor and City Council/V 97-17 <br />November 17, 1997 <br />Page 2 <br /> <br />property. The proposed garage will be sited such that existing sprinkler <br />heads need not be relocated. The proposed setback from the street is <br />comparable to the neighbors' shed setback and the front yard setback of the <br />neighbor's house. In their letter, the Johnsons also point to their home's <br />elevation, approximately 5 feet above the street. It is their contention that <br />the further from the street the proposed garage will be located, the higher it <br />will sit. Therefore, the applicants argue a proposed location near the street <br />will result in the least obtrusive alternative. It should also be pointed out <br />that this is a dead-end street with only two other homes beyond the <br />Johnsons'. <br /> <br />Variance Requirements <br /> <br />Staff refers the Council to Section 900.40 of the City of Elk River Code of <br />Ordinances for the five standards to consider when reviewing a variance. A <br />variance may be granted only if it meets the following five conditions: <br /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <br /> <br />The hardship is caused by special conditions and circumstances which <br />are peculiar to the property and the structure involved and which are <br />not characteristic of, or applicable to, other lands or structure in the <br />same area. <br /> <br />o <br /> <br />The literal application of the provisions of this ordinance would <br />deprive the petitioner of rights enjoyed by other properties in the same <br />district under the terms of this ordinance. <br /> <br />The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <br /> <br />o <br /> <br />The variance will not be injurious to or adversely affect the health, <br />safety or welfare of the residents of the City or the neighborhood <br />where the property is located and will in keeping with spirit and intent <br />of the ordinance. <br /> <br />Board of Adjustment Meeting <br /> <br />At the Board of Adjustment meeting held on October 28th, no one spoke at the <br />public hearing. The applicant addressed the Board and discussed the reasons <br />for the variance as outlined in his letter. It was pointed out that there is an <br />area between the proposed location and the house where the garage could be <br />placed and not interfere with the irrigation system or landscaping while <br />complying with the required setback. Since there are is an alternative <br /> <br />\\elkriver\sys\shrdoc\planning\scott\v9717cc.doc <br /> <br /> <br />