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Memo to the Board of Adjustments/V 99-6 <br /> April 27, 1999 <br /> Page 2 <br /> • <br /> The city ordinance Section 900.38(B) reads as follows: <br /> An application for a building permit shall be made to the <br /> Building and Zoning Administrator on a form furnished by the <br /> City. All building permit applications shall be accompanied <br /> by a site plan drawn to scale showing the dimensions of the <br /> lot to be built upon and the size and location of the <br /> building and accessory buildings to be erected, off-street <br /> parking and loading facilities and such other information as <br /> may be deemed necessary by the Building and Zoning <br /> Administrator to determine compliance with this and other <br /> land use ordinances . No building permit shall be issued for <br /> activity in conflict with the provisions of this Ordinance <br /> except activity for which a variance has been granted in <br /> accordance with Section 900 . 40 (5) . The Building and Zoning <br /> Administrator shall issue a building permit only after <br /> determining that the application and plans comply with the <br /> provisions of this Ordinance, the State Building Code and <br /> other applicable laws and ordinances . <br /> Granting of Variance <br /> • Staff refers the Board of Adjustments to Section 900.40 of the City of Elk <br /> River Code of Ordinances for the five standards to consider when reviewing a <br /> variance. A variance may be granted only if it meets the following five <br /> conditions: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. The hardship is caused by special conditions and circumstances which are <br /> peculiar to the property and the structure involved and which are not <br /> characteristic of, or applicable to, other lands or structure in the same <br /> area. <br /> 3. The literal application of the provisions of this ordinance would deprive <br /> the petitioner of rights enjoyed by other properties in the same district <br /> 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, safety <br /> or welfare of the residents of the city or the neighborhood where the <br /> property is located and will in keeping with spirit and intent of the <br /> • ordinance. <br /> \\elkriver\sys\shrdoc\pl arming\stevewen\pcmmo\v99-6.doc <br />