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4.2. BASR 08-26-1997
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4.2. BASR 08-26-1997
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City Government
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BASR
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8/26/1997
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Memo to Board of Adjustments/V97-7 <br /> August 26, 1997 <br /> Page 3 <br /> Recommendation <br /> Staff recommends approval of the variance request by Neil and Sandy <br /> Buelow, but suggests an alternative exists which would minimize the need <br /> for a variance. Staff recommendation is based on the following findings: <br /> 1. Literal enforcement of the ordinance would cause unnecessary <br /> hardship by not allowing the applicants to construct a porch in a <br /> reasonable location on the parcel. <br /> 2. Special conditions such as size and shape of the lot and orientation of <br /> the river are peculiar to this particular lot. <br /> 3. Literal application of this ordinance would deprive the applicants of <br /> rights enjoyed by neighboring property owners, many of whom <br /> currently own structures set back a similar distance, and in some cases <br /> closer to the ordinary high watermark than the applicants' existing <br /> home. <br /> 4. The variance is not a consequence of the petitioners' action but due to <br /> the construction of the home by previous owners. <br /> • 5. Granting of this variance will not be injurious to or adversely affect the <br /> health, safety or welfare of the residents of the City of Elk River or the <br /> neighborhood where the property is located, as other homes in the area <br /> are set back a similar distance from the river. <br /> • <br /> \\elkriver\sys\shrdoc\planning\brady\v97-7.doc <br />
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