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07-28-1998 BA MIN
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07-28-1998 BA MIN
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4/28/1998
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Board of Adjustments Minutes <br /> July 28, 1998 <br /> Page 2 <br /> • Commissioner Schuster questioned when the zoning was changed. Scott stated <br /> the zoning was changed after Mr. Olson combined the parcels, but that Mr. <br /> Olson was not likely to have been notified individually of the zone change. Mr. <br /> Olson stated he was not aware that the zoning of his property had been <br /> changed. <br /> Commissioner Thompson indicated she did not feel the request meets the five <br /> findings for granting a variance. <br /> Commissioner Schuster indicated he felt a hardship did exist. <br /> Commissioner Morris indicated he felt the Planning Commission needs to interpret <br /> each request for a variance individually. <br /> Chair Mesich expressed support for approval of the variance and felt the <br /> neighborhood would be improved by having a home built on Lot 6, rather than <br /> having an empty lot. <br /> COMMISSIONER COTE MOVED TO APPROVE THE REQUEST FOR A VARIANCE BY <br /> IRWIN AND MARGARET OLSON, PUBLIC HEARING CASE NO.V 98-6, BASED ON THE <br /> FOLLOWING FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. <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. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF <br /> THE 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 <br /> WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH SPIRIT AND INTENT <br /> OF THE ORDINANCE. <br /> COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION CARRIED 7-0. <br /> 5. Adioumme t <br /> There being no further business, COMMISSIONER COTE MOVED TO ADJOURN THE <br /> MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION 7_-0. <br /> The meeting of the Elk River Board of Adjustments adjourned at 6:52 p.m. <br /> Repectfully submitted, <br /> • <br /> feitoee/ y/ea.672‘..t../ <br /> Debbie Huebner, Recording Secretary <br />
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