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Memo to Planning Commission/V 98-3 <br /> April 28, 1998 <br /> Page 2 <br /> • Ordinance requires that building floor be elevated to 878 feet and an area <br /> extending out 15 feet from the building be elevated to 877 feet. The extent of <br /> the fill would be within 5 feet of the stream. <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 /> Since the applicant has a number of alternative locations to place the <br /> proposed building which comply with the 75 foot setback requirement, the <br /> literal enforcement of the ordinance will not cause any undue hardship. Any <br /> perceived hardship is a result of the applicant's own action in that he began <br /> construction of the building prior to receiving a building permit. <br /> Shoreline Management Ordinance <br /> According to the Shoreline Management Ordinance, when considering a <br /> variance request in shoreline areas, the Board shall also consider the <br /> following: <br /> 1. Whether the property owner has reasonable use of the land without the <br /> 1111 variance; <br /> \\elkriver\sys\shrdoc\planning\scott\v98-3.doc <br />