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Memo to Board of Adjustments/V 99-12 <br /> September 28, 1999 <br /> Page 2 <br /> • requirement, so not all of the lots were designed to accommodate such a large <br /> setback from the pond. The applicants property was one of those lots not <br /> designed to accommodate a 150 foot setback. Two neighboring lots have been <br /> granted variances to the shoreline ordinance and one was constructed prior to <br /> adoption of the shoreline ordinance. <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 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, <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's hardship is that the lot was not designed to allow for a 150 <br /> setback from the pond. The house is placed so that it is setback the maximum <br /> distance possible and still allow for the placement of the septic system. The <br /> septic system will be located in front of the house. Because of the soil types <br /> found on the lot, this is the only suitable location for the system. This limits <br /> how far the house can be setback from the pond. <br /> The conditions which are peculiar to the property include, soil types, <br /> powerline easement, and the area of the lot which is part of Pintail Pond. <br /> When these circumstances are combined it creates a situation that is <br /> particular to this lot. <br /> • <br /> S:\PLANNING\SCOTT\V99-12.DOC <br />