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Board of Adjustments Minutes <br /> September 28, 1999 <br /> Page 6 <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 <br /> OF THE 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 <br /> WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND <br /> INTENT OF THE ORDINANCE. <br /> COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION CARRIED 4-1. <br /> Commissioner Cote opposed. <br /> 4.4. Request by City of Elk River for Lot Area Variance, Public Hearing Case No. <br /> V 99-14 <br /> Staff report by Michele McPherson. The City of Elk River requests approval of a lot <br /> area variance to reduce the lot area of an industrial lot from one acre to <br /> approximately .85 acres. Mr. George Deschenes would like to relocate his <br /> business on a .85 acre remnant from the condemnation of his property at 18513 <br /> Twin Lakes Road for the new north-south road (Tyler Street). Staff recommends <br /> approval of the request based on the findings listed in the staff report. <br /> Commissioner Kuester asked if the site would be connected to city sewer and <br /> water. Ms. McPherson stated that it would. <br /> Chair Cote asked if any of the adjacent right of way left from the existing County <br /> Road 13 could be added to the property. Terry Maurer, City Engineer, stated that <br /> there are easements for utilities located in theright of way and adding this <br /> property would not increase the buildable area of the lot. <br /> Chair Cote opened the public hearing. There being no comments from the <br /> public, Chair Cote closed the public hearing. <br /> COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY CITY OF ELK RIVER <br /> FOR A VARIANCE TO REDUCE THE MINIMUM LOT AREA FROM ONE ACRE TO .85 <br /> ACRE, PUBLIC HEARING CASE NO. V 99-14, BASED ON THE FOLLOWING FINDINGS: <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 DEPRIVE <br /> THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT <br /> UNDER THE TERMS OF THIS ORDINANCE. <br /> • <br />