4.1. BASR 03-23-1999 - Laserfiche WebLink

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Memo to the Board of Adjustments/V 99-2 March 23, 1999 Page 2 Setbacks Requirements The back yard building setback in the I1 zoning district is 20 feet. The parking setback is 10 feet from property lines. Variance Request To construct the building as proposed, the applicant is requesting up to a 5 foot variance, or roughly 192 square feet of variance from the building setback along the rear property line adjacent the tracks. To accommodate vehicular access around the proposed building, the applicant is requesting a variance of 9 feet, or roughly 2,304 square feet of variance from the parking setback along the railroad right-of-way. Granting of Variance Staff refers the Board of Adjustments to Section 900.40 of the City of Elk River Code of Ordinances for the five standards to consider when reviewing a variance. A variance may be granted only if it meets the following five conditions: • 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood where the property is located and will in keeping with spirit and intent of the ordinance. Staff and the applicant believe the building variance is justified and that literal enforcement of the ordinance will cause the applicant undo hardship • because: \\el kriver\sys\shrdoc\planning\stevewen\pcmmo\v99-2pc.doc