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Memo to the Mayor City Council/V 98-12 <br />November 23, 1998 <br />Page 2 <br /> <br />the applicants. The applicants believe that the house built in 1986 was <br />designed in a marmot to accommodate a deck larger than 7 feet deep off the <br />sliding glass door. They feel that the misinformation led them to spend <br />money they would never have spent had they known they could only build a 7 <br />foot deep deck. <br /> <br />The surrounding neighbors support the proposed deck and a variance from <br />the side yard setback. <br /> <br />City Council Meeting. November 16, 1988 <br /> <br />The City Council requested the reasons for the March 18, 1996 ordinance <br />change and the date the applicants purchased their property. When <br />checking the ordinance amendment dated March 18,1996, staff discovered <br />the Rlc zoning requirements change, however, it affected only the unsewered <br />dimensional requirements. In this case, the changed had no effect on the <br />applicant's property. Furthermore, the applicants purchased their home on <br />July 23, 1997. <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 />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 />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 />s:\planning\stevewen\ccmmo\v9812cc2.doc <br /> <br /> <br />