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Memo to Board of Adjustments/V 98-6 <br /> July 28, 1998 <br /> Page 2 <br /> • Zoning Ordinance <br /> According to the Elk River Zoning Ordinace, the variance is needed because <br /> the property already exceeds the 6000 square foot maximum accessory <br /> structure area, and the proposed attached tuck-under garage will further <br /> exceed the maximum accessory structure area. <br /> The Elk River Zoning Ordinance states that in all single family residential <br /> zoning districts a minimum (20' x 22') 440 square foot single garage shall be <br /> constructed. It could be interpreted that the applicant currently has no <br /> garage for residential purposes and is entitled to one. <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 feels the literal enforcement of the ordinance will cause him <br /> undo hardship because: <br /> 1. Literal enforcement will cause undo hardship because the existing garage <br /> 111 structure is a business office and the applicant has no garage for <br /> residential purposes. <br /> s:\planning\stevewen\pcmmo\v98-7.doc <br />