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Memo to Board of Adjustments/V 98-2 <br /> March 24, 1998 <br /> Page 2 <br /> attached garage, the Soltis' have 2115 square feet of accessory building area. <br /> • They are allowed 2385 additional square feet and still comply with the 4500 <br /> maximum square feet allowed. The applicants are proposing an additional <br /> 5616 square feet for a total of 7731 square feet, exceeding the maximum <br /> allowed by 3231 square feet. <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 /> In their letter the applicants indicate the proposed building is the smallest <br /> size that could meet their needs. They will use the riding arena for year <br /> round training of their horses and to store their trailer and hay. It would <br /> provide protection from the weather during the winter and the mosquitoes, <br /> gnats and other insects during the summer. With a smaller building they <br /> would be able to store hay and the horse trailer but would not have enough <br /> room for riding and training. Because of the costs involved in owning horses <br /> and the breed of horses, they need to be trained all year long. <br /> The applicant claims the special conditions and circumstances which are <br /> peculiar to the property relate to the abundance of wetlands which provide <br /> breeding area for mosquitoes and other insects and make riding outside <br /> • <br /> \\elkriver\sys\shrdoc\planning\scott\v98-2.doc <br />