4.2. BASR 03-23-1999 - Laserfiche WebLink

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Memo to the Board of Adjustments/V 99-2 March 23, 1999 Page 2 IPVariance Request The applicant would like a variance to widen the access drive to a point five feet from the property line. The total variance area would be approximately 550 square feet. 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. The applicant feels the literal enforcement of the ordinance will cause him undo hardship because: 1. Literal enforcement will cause undo hardship such that it would make improving emergency vehicle access impossible 2. The hardship is caused by special conditions and circumstances which are peculiar to the property and structure involved because the access drive is an existing non-conforming situation with no other way to accommodate access around the building. • \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-3 pc.doc