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Memo to Board of Adjustments/V 99-4 <br /> May 25, 1999 <br /> Page 2 <br /> • are other houses to north of the applicant's whose garages do not comply <br /> with the setback requirements. <br /> Variance <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 where <br /> the property is located and will in keeping with spirit and intent of the <br /> ordinance. <br /> The applicant claims the hardship is that the existing garage is in a state of <br /> disrepair and needs to be replaced. The two vehicles he owns, a mini van and <br /> a pick-up, will not fit in it. The house is setback 26 feet from the side property <br /> line which limits the area to place the garage. There are structural reasons <br /> and the applicant's need to access their back yard that prohibit attaching the <br /> garage so the 5 foot setback could be met. <br /> The literal application of the ordinance would deprive the applicant rights <br /> enjoyed by other properties in the same district. Other houses in the area <br /> have garages; in fact, the zoning code requires new single family homes have <br /> a garage. <br /> The hardship is not a result of the applicant's action. It is a result of the <br /> placement of the house on the lot. <br /> • <br /> S:\PLANNING\SCOTT\V99-4.DOC <br />