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Memo to the Board of Adjustments/V 99-7 <br /> June 22, 1999 <br /> Page 2 <br /> • The property is also located on Lake Orono and subject to Shore Land <br /> Ordinance restrictions. All structures are required to be 50 feet from the <br /> ordinary high water level. The proposed location of the garage conforms to <br /> this ordinance. <br /> The existing house and garage are very old and were constructed prior to the <br /> City Ordinance requiring two front yard setbacks. In Heath's Addition there <br /> exists two other structures that do not meet the current setback <br /> requirements; a house on Lot 1, Block 1, and a pole barn on Lot 2, Block 1. <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 /> When considering the variance request, staff concurs with the applicant that <br /> locating the garage to conform with the ordinance would limit the normal use <br /> of the applicants back yard. The garage would block views to the lake, <br /> restrict the normal use of the applicants yard and proposed deck if the garage <br /> were located in the middle of the yard. Staff and the applicant believe the <br /> literal enforcement of the ordinance will cause undo hardship for the <br /> following five reasons (See the attached letter from the applicant). <br /> • <br /> s:\planning\stevewen\pcmmo\v99-7.doc <br />