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3) <br /> <br />That the literal application of the provisions of this Ordinance would deprive the <br />petitioner of rights enjoyed by other properties in the same district under the terms of <br />Ordinance. <br /> <br />This is not a typical use in any district of the city and therefore it is difficult to <br />compare this proposal to other uses and properties in the same district. 7he literal <br />application of the provisions of this Ordinance would unnecessarily deprive the <br />petitioner of utilizing a site that clearly complies with the spirit of the ordinance, <br />which is to not harm public health safety or welfare and to buffer monopole sites <br />from residential districts as much as possible. <br /> <br />4) That the special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. <br /> <br />7he special conditions result from a combination of two factors. The height of the <br />monopole which is dictated by the characteristics oj'wireless technology and the fact <br />that industrially zoned properties not adjacent to residential districts in Elk River are <br />approximately 3 75' x3 75 '. This makes it very difficult to utilize the properties for <br />reasonable industrial use and still meet the required setbacks. (see attached map) <br /> <br />5) <br /> <br />That the variance w/ll not be injurious to or adversely affect the health, safety or <br />Welfare of the residents of the City or the neighborhood wherein the property is <br />situated and will be in keeping with the spirit and inte.nt of the Ordinance. <br /> <br />This criteria set forth by this paragraph is clearly the most relevant lo the proposed <br />facility. The proposed location for this facility will not adversely affect the health <br />safety or welfare of the residents or the industrial neighborhood. In fact, by <br />approving this variance allowing the proposed site to be located centrally in the <br />industrial park the welfare of the residents will be enhanced by not having a site <br />located on a larger parcel directly adjacent lo a residential neighborhood. ~41so, the <br />benefits to the community from digital wireless technology can't be understated. <br />Most of the residents of Elk River already recognize the ability of wireless sera, ice to <br />enhance their lives with added security, convenience and productivity. <br /> <br />If you require any further information or have any questions, please do not hesitate to call <br />me at 642-6279. Thank you for your time and consideration. <br /> <br />Respectfully, ~ - ', <br /> <br />Mr. Kenneth Nielsen <br />Real Estate Administrator for US WEST Wireless <br /> <br /> <br />