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Memo to Board of Adjustments/V 98-4 <br /> April 28, 1998 <br /> Page 2 <br /> • planning to upgrade the parking area with pavement and curb and gutter. In <br /> order to accomplish this a variance to the parking setback requirement is <br /> needed. <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 literal enforcement of the ordinance would create an <br /> extreme hardship. The hardship being there would be no parking along <br /> Highway 10 in front of the building. All parking would have to be located to <br /> the west of the building along the north property line. If the variance is <br /> approved, the applicant will be able to provide 24 parking spaces in front of <br /> the plaza and approximately 20 spaces to the west of the building. Based on <br /> the building dimensions shown on the site plan 17 parking spaces are <br /> required. <br /> The property is unique in that it is long and narrow. The property is about 75 <br /> feet deep which does not leave adequate space to provide both parking and a <br /> drive aisle between the building and the front property line. The special and <br /> unique circumstances relate to the property and are not a result of the <br /> • applicant's actions. <br /> \\elkriver\sys\shrdoc\planning\scott\v98-4.doc <br />