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Memo to Board of Adjustments/V 98-11 <br /> October 27, 1998 <br /> Page 2 <br /> • that the house, built in 1986, was designed to accommodate a deck larger <br /> than 7 feet deep off the sliding glass door. They feel that the misinformation <br /> led them to spend money they would never have spent had they known they <br /> could only build a 7 foot deep deck. <br /> The surrounding neighbors support the proposed deck and a variance from <br /> the side yard setback. <br /> Variance <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 /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. 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 /> • 3. 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 /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. <br /> 5. 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 /> The applicant believes they should be granted a variance, however, staff finds <br /> the applicants can not meet the five criteria for hardship as follows: <br /> 1. 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 /> door to a patio rather than a deck and not have to worry about setbacks. A <br /> ground level patio might offer more privacy as well. Staff cannot account <br /> • <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v98-11.doc <br />