05-27-1997 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes May 27, 1997 Page 2 Ill ~Y� 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE BY REQUIRING THE APPLICANT TO COMPLY WITH THE EXISTING SIDE YARD SETBACK THE APPLICANT WILL HAVE TO EXCAVATE INTO THE HILLSIDE, REMOVE A PORTION OF THEIR PATIO AND DEMOLISH PART OF THE EXISTING GARAGE FOUNDATION. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE.THE NEIGHBORING PROPERTY HAS A GARAGE WITH A SIMILAR SETBACK AS THE ONE REQUESTED BY THE APPLICANT. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.THE GARAGE'S COLLAPSE WAS CAUSED BY THE HARSH WINTER AND WAS NOT CAUSED BY ANYTHING THE APPLICANT DID OR DID NOT DO. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING 0 WITH SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. iz � o ""w-2)>)� .....° � g� ' � �"7r 2 dlurnrert , ; c y . � � . f*� ,... There being no further business, COMMISSIONER MINTON MOVED TO ADJOURN THE MEETING. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 5-0. The meeting of the Elk River Board of Adjustments adjourned at 6:40 p.m. /( ) Res ectfully submitted, ,,,g.,._,,- xfk 6,A r_,__Y Debbie Kleckner Recording Secretary II