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both the applicant and the neighbors, and will adversely affect <br />the value of their property. <br /> <br />The hardship is cause by special conditions and circumstance <br />which are peculiar to the property including the placement of the <br />house on the property, the change in elevation and the shape of <br />the lot <br /> <br />The literal application of the ordinance will deprive the petitioner <br />of rights enjoyed by other properties in that there is a <br />neighboring house and a storage shed which do not meet the <br />front yard setback requirements. <br /> <br />4. The special conditions and circumstances are not a <br /> consequence of the petitioner's own action. <br /> <br />The variance will not be injurious to or adversely affect the <br />health, safety or welfare of the residents of the City or <br />neighborhood where the property is located. The neighboring <br />property owners spoke out in support of granting the variance. <br /> <br />Adopted by the Elk River City Council this 11th day of May, 1998. <br /> <br />ATTEST: <br /> <br />Henry Duitsman, Mayor <br /> <br />Sandra Thackeray, City Clerk <br /> <br />\\elkriver\sys\shrdoc\document\resoluti\v98-1.doc <br /> <br /> <br />