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Memo to Board of Adjustments/V 98-6 <br /> July 28, 1998 <br /> Page 2 <br /> siting a home on the lot and conforming to the front yard setbacks for a <br /> corner lot. <br /> Zoning Ordinance <br /> According to the Elk River Zoning Ordinance, the front yard setback <br /> requirements shall be observed on each street side of a corner lot; provided, <br /> however, the buildable width of a lot shall not be reduce to less than 30 feet. <br /> The applicants buildable width of lot is 35 feet when conforming to the <br /> setbacks. The difficulty is that there is no garage or driveway access from <br /> the 189th Street right of way due to the walking path, so the garage and <br /> entrance needs to be sited on Concord Street, the narrow street frontage. <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 financial hardship to the applicant <br /> because lot 9 will be difficult to build on or sell without a variance which <br /> s:\planning\stevewen\pcmmo\v98-8.doc <br />