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Board of Adjustments Minutes <br /> May 25, 1999 <br /> Page 2 <br /> O YARD SETBACK, AND A 29 FOOT VARIANCE TO THE REQUIRED 30 FOOT BLUFF <br /> SETBACK, PUBLIC HEARING CASE NO. V 99-4, BASED ON THE FOLLOWING <br /> FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN <br /> THAT THE APPLICANT WILL NOT BE ABLE TO CONSTRUCT A GARAGE. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES <br /> WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND <br /> WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR <br /> STRUCTURE IN THE 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. OTHER PROPERTIES IN THE <br /> DISTRICT HAVE GARAGES THAT DO NOT COMPLY WITH CURRENT SETBACK <br /> REQUIREMENTS <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE <br /> OF THE PETITIONER'S OWN ACTION OR INACTION.THE SPECIAL CONDITIONS <br /> ARE A RESULT OF THE PLACEMENT OF THE HOUSE ON THE PROPERTY. <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 /> O OF THE ORDINANCE. <br /> 6. THE ZONING CODE REQUIRES A GARAGE WITH NEW SINGLE FAMILY. IT IS STAFF'S <br /> BELIEF THAT A GARAGE IS NEEDED FOR REASONABLE USE OF THIS PROPERTY. <br /> 7. THE VARIANCE IS NOT BEING REQUESTED SOLELY ON THE BASIS OF ECONOMIC <br /> CONSIDERATIONS.THE APPLICANT, AS WELL AS MOST RESIDENTS IN SINGLE <br /> FAMILY HOMES, HAVE A NEED FOR A GARAGE. <br /> 8. THE PROPOSED GARAGE WOULD BE IN CHARACTER WITH THE SURROUNDING <br /> PROPERTIES. <br /> COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> 6. Adjournment <br /> There being no further business, COMMISSIONER MESICH MOVED TO ADJOURN THE <br /> MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION <br /> CARRIED 5-0. <br /> The meeting of the Elk River Board of Adjustments adjourned at 6:40 p.m. <br /> zR ectffully^^submitted, <br /> • Debbie Huebner <br /> Recording Secretary <br />