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Memo to Mayor and City Council]V 98-5 <br />July 13, 1998 <br />Page 2 <br /> <br />The site is located in the middle of the industrial park. Adjacent businesses <br />include Tescom, School District 728 maintenance building, E & O Tool and <br />Plastics and Dynetics Systems. <br /> <br />In order to proceed with their proposal, the applicant has requested a <br />variance to the setback requirements, a rezoning to AT and a conditional use <br />permit for the tower. <br /> <br />Variance <br /> <br />The applicant is requesting a variance to the setback requirement for <br />antenna towers. The setback requirement from all property lines is equal to <br />the height of the tower. The proposed tower is 150 feet high which requires a <br />150 foot setback from all property lines. The proposed setbacks for the <br />antenna tower are: <br /> <br />· 190 feet from the south property line <br />· 110 feet from the north property line <br />· 90 feet from the west property line <br />· 90 feet from the east property line <br /> <br />A variance of 40 feet is needed from the north property line, and 60 feet from <br />east and west property lines. <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 />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 />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 />° <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 /> <br />\\elkriver\sys\shrdoc\planning\scott\v98-5cc.doc <br /> <br /> <br />