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Memo to Board of AdjustmentsN 00-3 Page 2 <br /> August 22,2000 <br /> • The applicant is requesting the variance so that she can subdivide the property <br /> into two lots. The applicant will be able to meet all the dimensional and setback <br /> requirements except for the lot width requirement, which require 300' lot width at <br /> the front setback line. Each lot will have direct access to 223rd Avenue. The <br /> existing structures will be on one lot and a house will be constructed on the new <br /> lot. The applicant is not requesting subdivision approval at this time. If the <br /> variance to the lot width requirement is granted, she will be back before the City <br /> Council with an application for an administrative subdivision. <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 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 the <br /> petitioner of rights enjoyed by other properties in the same district under <br /> 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 /> The applicant states that the literal enforcement of the ordinance will cause <br /> undue hardship. The property only has 66 feet of frontage and the enforcement <br /> of the 300 foot minimum lot width requirement would require the construction of a <br /> road to serve one lot. <br /> 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 area. The <br /> applicant feels the site is unique in that it is located at an L-shaped intersection <br /> with 66 feet of frontage. There is no opportunity to create additional frontage <br /> other than to construct a road. The existing frontage is adequate for two homes. <br /> S:\PLANNING\SCOT11V00-3.DOC <br />