4.1. BASR 09-28-1999 - Laserfiche WebLink

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• August 24, 1999 RE: new construction home @ 12692 208th Ave., Elk River, Mn 1. That the literal enforcement of the ordinance would cause undue (necessary, unavoidable, extreme) hardship This lot is a legal lot of record listed as buildable. It will cause extreme hardship to have purchased a lot and now to find out we cannot build a house on it. 2. That the hardship caused by special conditions and circumstances which are peculiar to the land and structure involved and which are not characteristic of or applicable to other lands or structures in the same district. We are dealing with modeled soil, power line easement, and the pond setback. Also the septic area and the property line setback. To meet all the existing requirements we will have to place the house within the 150' setback from the pond. 3. That the literal application of the provisions of this ordinance would deprive the • petitioner of rights enjoyed by other properties in the same district under the terms of the ordinance. There are a number of homes in the area which are built within 150' of Pintail Pond. We are assuming these houses were all given variances. 4. That the special conditions and circumstances are not a consequence of the petitioner's own action or inaction. We did not plat the lot, therefore, we did not create this situation. 5. That the variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the ordinance. The septic, in the front of the house, by far exceeds the setback from the pond. There is a huge drop off from the back of the house down to the pond. This area will be kept natural, which will also rule out any fertilizers from being put on this area. This will keep the pond chemical free. S