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Memo to the Mayor City CouncillV 98-12 <br />November 16, 1998 <br />Page 2 <br /> <br />On March 18,1996, the Rlc zoning requirements changed and the side yard <br />setback changed from five feet to 10 feet. With a ten foot setback, the <br />proposed deck can only be 7 feet deep which is unacceptable to the applicants. <br />The applicants believe that the house, built in 1986, was designed to <br />accommodate a deck larger than 7 feet deep off the sliding glass door. They <br />feel that the misinformation led them to spend money they would never have <br />spent had they known they could only build a 7 foot deep deck. <br /> <br />The surrounding neighbors support the proposed deck and a variance from <br />the side yard setback. <br /> <br />Variance <br /> <br />Staff refers the Board of Adjustments to Section 900.40 of the City of Elk <br />River Code of Ordinances for the five standards to consider when reviewing a <br />variance. A variance may be granted only if it meets the following five <br />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 are <br />peculiar to the property and the structure involved and which are not <br />characteristic of, or applicable to, other lands or structure in the same <br />area. <br /> <br />The literal application of the provisions of this ordinance would deprive <br />the petitioner of rights enjoyed by other properties in the same district <br />under the terms of this ordinance. <br /> <br />4. 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, safety <br />or welfare of the residents of the City or the neighborhood where the <br />property is located and will in keeping with spirit and intent of the <br />ordinance. <br /> <br />The applicant believes they should be granted a variance, however, staff finds <br />the applicants meet one of the five conditions for hardship as follows: <br /> <br />Literal enforcement of the ordinance will not cause undue hardship <br />because the applicants wishes for a larger deck doesn't constitute a <br />hardship. A deck can still be built. Furthermore, the sliding door is only <br />a few feet off the ground and the applicant could build steps off the sliding <br /> <br />\\elkriver\sys\shrdoc\planning\stevewen\ccmmo\v98-12cc.doc <br /> <br /> <br />