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Memo to Planning Commission/V 98-10 <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 claims the hardship is that she will not be able to construct a <br /> garage without the granting of these variances. When the depth of the lot is <br /> combined with the setback requirements, it is impossible to construct a <br /> garage without the variance. There are structural reasons and placement of <br /> utilities that prohibit attaching the garage so that the five foot side yard <br /> setback could be met. <br /> The dimensions of the lot are unique in that it is only 90 feet deep and when <br /> combined with the setback requirements there is only 10 feet of buildable <br /> area. <br /> The literal application of the ordinance would deprive the applicant of rights <br /> enjoyed by other properties in the same district. Other houses in the district <br /> have garages. In fact, the zoning code requires new single family homes have <br /> at a minimum a garage measuring 20' by 22 `. <br /> • The hardship is not a result of the applicant's action or inaction. It is a result <br /> of the shape of the lot and the placement of the house on that lot. <br /> s:\planning\scott\v98-10.doc <br />