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Memo to the Board of Adjustments/V 99-10 <br /> August 24, 1999 <br /> Page 2 <br /> • <br /> The use of the delivery van is central to the flower shop's business and <br /> parking is essential. The driveway would provide access to the applicants <br /> existing garage and provide parking for the residents, employees, the <br /> delivery van and free up on-street parking. <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 a pp licant that <br /> there is significant hardship and that a variance is warranted for the <br /> following five reasons. (See the attached letter from the applicant). <br /> 1. Staff believes that the Literal enforcement will cause undo (unnecessary, <br /> unavoidable, extreme) hardship because the applicant has no off-street <br /> parking for their residents, employees and commercial delivery van. <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 presently has no parking and an existing garage <br /> with no access to it. <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-15.doc <br />