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Memo to Board of Adjustments/V 98-1 <br /> March 24, 1998 <br /> Page 2 <br /> • comparable to the neighbors' shed setback and the front yard setback of the <br /> neighbor's house. In their letter, the Johnsons also point to their home's <br /> elevation, approximately 5 feet above the street. It is their contention that <br /> the further from the street the proposed garage will be located, the higher it <br /> will sit. Therefore, the applicants argue a proposed location near the street <br /> will result in the least obtrusive alternative. It should also be pointed out <br /> that this is a dead-end street with only two other homes beyond the <br /> Johnsons'. <br /> Variance Requirements <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 <br /> where the property is located and will in keeping with spirit and intent <br /> of the ordinance. <br /> The hardship seems to be the applicant's desire to maintain a large open <br /> front yard. Staff agrees that placing the garage on the west side of the <br /> property would not be practical. However, there is room just south of the <br /> proposed location that would work (see alternate location plan). Placing the <br /> garage in this location would still leave about 60 feet between the house the <br /> proposed garage. Staff does not believe that an undue hardship has been <br /> shown. <br /> The two properties to the west have buildings with similar setbacks. It does <br /> • not appear the proposed location would be out of character when compared to <br /> \\elkriver\sys\shrdoc\planning\scott\v98-1.doc <br />