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Memo to the Board of Adjustments/V 99-10 <br /> August 24, 1999 <br /> Page 3 <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 /> there are no other locations for the proposed septic system. City Ordinance <br /> requires a new septic system be installed with the sale of the home. Staff and <br /> the applicant believe the literal enforcement of the ordinance will cause undo <br /> hardship for the following five reasons. (See the attached letter from the <br /> applicant). <br /> 1. Staff believes that the Literal enforcement will cause undo (unnecessary, <br /> unavoidable, extreme) hardship because there are no other locations for a <br /> • septic system. <br /> 2. Staff believes that the hardship is caused by special conditions and <br /> circumstances, which are peculiar to the property or structure involved <br /> because the property as created was too small to provide adequate <br /> locations for septic systems. <br /> 3. The literal application of the provisions of this ordinance would deprive <br /> the applicant of rights enjoyed by other properties in the same district <br /> under the terms of this ordinance because all the properties in camp cozy <br /> have septic systems. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction because the new septic system is a <br /> requirement of Elk River City Ordinance. <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 because the <br /> septic system is designed properly and there are many other legal non- <br /> conforming lots, structures and septics in the subdivision. <br /> • <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-10.doc <br />