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Board of Adjustments Minutes <br /> September 29, 1998 <br /> Page 6 <br /> 110 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN <br /> THAT THE APPLICANT WILL NOT BE ABLE TO CONSTRUCT A GARAGE. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES <br /> WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND <br /> WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR <br /> STRUCTURE IN THE SAME AREA. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD <br /> DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME <br /> DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER PROPERTIES IN THE <br /> DISTRICT HAVE GARAGES THAT DO NOT COMPLY WITH CURRENT SETBACK <br /> REQUIREMENTS <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF <br /> THE PETITIONER'S OWN ACTION OR INACTION.THE SPECIAL CONDITIONS ARE A <br /> RESULT OF THE LOT DIMENSION AND PLACEMENT OF THE HOUSE ON THE <br /> PROPERTY. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, <br /> SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD <br /> WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH SPIRIT AND INTENT <br /> OF THE ORDINANCE. <br /> • 6. THE ZONING CODE REQUIRES A GARAGE WITH NEW SINGLE FAMILY. IT IS STAFF'S <br /> BELIEF THAT A GARAGE IS NEEDED FOR REASONABLE USE OF THIS PROPERTY. IT <br /> SHOULD ALSO BE NOTED THE PROPOSED GARAGE IS ACTUALLY SETBACK <br /> FURTHER FROM THE LAKE THAN THE ORIGINAL STORAGE BUILDING. <br /> 7. THE VARIANCE IS NOT BEING REQUESTED SOLELY ON THE BASIS OF ECONOMIC <br /> CONSIDERATIONS.THE APPLICANT,AS WELL AS MOST RESIDENTS IN SINGLE <br /> FAMILY HOMES, HAVE A NEED FOR A GARAGE. <br /> 8. THE PROPOSED GARAGE WOULD BE IN CHARACTER WITH THE SURROUNDING <br /> PROPERTIES AND WOULD HAVE SIMILAR SHORELINE SETBACK. <br /> COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> 5. Adjournment,;; <br /> There being no further business, COMMISSIONER KUESTER MOVED TO ADJOURN THE <br /> MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION <br /> CARRIED 5-0. <br /> he meeting of the Elk River Board of Adjustments adjourned at 7:40 p.m. <br /> Respectfully submitted, <br /> ,(0Je(e-ti /-it-e1/26--6} <br /> • Debbie Huebner, Recording Secretary <br />