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Memo to Mayor and City Council/V 98-3 <br />May 18, 1998 <br />Page 2 <br /> <br />approximately 872 feet, 5 feet below the base flood elevation. The Flood Plain <br />Ordinance requires that building floor be elevated to 878 feet and an area <br />extending out 15 feet from the building be elevated to 877 feet. The extent of <br />the fill would be within 5 feet of the stream. <br /> <br />The proposed location is also within the 50 foot easement which is in place <br />over the stream. If the applicant is allowed to place the structure in the <br />proposed location a easement vacation will be necessary. <br /> <br />Variance <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 /> <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 />° <br /> <br />The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <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 where <br />the property is located and will in keeping with spirit and intent of the <br />ordinance. <br /> <br />Since the applicant has a number of alternative locations to place the <br />proposed building which comply with the 75 foot setback requirement, the <br />literal enforcement of the ordinance will not cause any undue hardship. Any <br />perceived hardship is a result of the applicant's own action in that he began <br />construction of the building prior to receiving a building permit. <br /> <br />E\shrdoc\planning\scott\v98-3cc.doc <br /> <br /> <br />