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Memo to Mayor and City Council/V 98-4 <br />May 18, 1998 <br />Page 2 <br /> <br />The property, Martin Plaza, is located on the north side of Highway 10 at the <br />intersection of Morton Avenue, just west of Hunts Feed. The area under <br />consideration for the variance request is along the north side of Highway 10, <br />currently gravel and is used as parking for the plaza. The applicant is <br />planning to upgrade the parking area with pavement and curb and gutter. In <br />order to accomplish this a variance to the parking setback requirement is <br />needed. <br /> <br />Variance <br /> <br />Staff refers the Board 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 />o <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 />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 />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 />The applicant claims the literal enforcement of the ordinance would create an <br />extreme hardship. The hardship being there would be no parking along <br />Highway 10 in front of the building. All parking would have to be located to <br />the west of the building along the north property line. Based on the building <br />dimensions shown on the site plan 17 parking spaces are required. If the <br />variance is approved, the applicant is proposing a 26 foot wide drive aisle and <br />25 parking spaces in front of the plaza, which would eliminate the 4 mature <br />trees along the highway, and room for approximately 19 spaces to the west of <br />the building. <br /> <br />\\elkriver\sys\shrdoc\planning\scott\v98-4cc.doc <br /> <br /> <br />