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Memo to Board of Adjustments/V 98-11 <br /> September 29, 1998 <br /> Page 2 <br /> • Variance <br /> Staff refers the Board to Section 900.40 of the City of Elk River Code of <br /> Ordinances for the five standards to consider when reviewing a variance. A <br /> variance may be granted only if it meets the following five conditions: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. The hardship is caused by special conditions and circumstances which <br /> are peculiar to the property and the structure involved and which are <br /> not characteristic of, or applicable to, other lands or structure in the <br /> 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. <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, <br /> • safety or welfare of the residents of the City or the neighborhood where <br /> the property is located and will in keeping with spirit and intent of the <br /> ordinance. <br /> The applicant states the hardship is that by requiring a 10 foot setback on <br /> the north and west sides there would not be enough room to allow for two <br /> way traffic flow. The proposed layout of the site is what creates the situation <br /> where a variance is needed. If the parking lot was layout was revised and the <br /> distance between the parking lot and the building reduced, there would be <br /> enough room on the west side to meet the 10 foot setback requirement. There <br /> is 66 feet between the proposed location of the building and the west property <br /> line. If 10 feet is subtracted for the setback, 24 feet subtracted for the aisle <br /> and 18 feet subtracted for the parking stall, there is 14 feet left between the <br /> parking lot and the building. On the proposed plan there is approximately 20 <br /> feet between the parking lot and the building. <br /> On the north side, if the building was shifted 5 feet to the south, the <br /> applicant would be able to meet the 10 foot setback requirement on the north <br /> side. However, the variance is needed on the north side in order to allow the <br /> placement of the building as shown on the site plan reviewed by the Planning <br /> Commission and HRA. <br /> • <br /> s:\planning\scott\v98-11.doc <br />