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Memo to Board of Adjustments/V 99-16 <br /> November 16, 1999 <br /> Page 2 <br /> The proposed structure will comply with the setback requirements for <br /> accessory structures. The setback requirements are 5 feet from the side and <br /> rear property lines and 30 feet from the front property line. It will also <br /> comply with the 15 foot maximum height requirement. <br /> The applicant stated the color of the exterior and the roof will match the <br /> house. <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 does not identify any hardship other than economic. They have <br /> already purchased the building. If the exterior were changed to a material <br /> other than the steel panels, a variance would not be needed. According to <br /> state statute, economic considerations alone shall not constitute an undue <br /> hardship if reasonable use of the property exists under the terms of the <br /> ordinance. A reasonable use of the property does exist under the terms of the <br /> ordinance. <br /> The hardship is not caused by special conditions and circumstances which are <br /> peculiar to the property. The hardship is unrelated to the property and is <br /> • caused by a purchasing decision made by the applicant. <br /> S:\PLANNING\SCOTT\V 99-16.D O C <br />