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Memo to Board of AdjustmentsN 01-01 <br /> January 23,2001 <br /> Page 2 <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 has not provided any documentation showing how the literal <br /> enforcement of the ordinance will cause undue hardship. <br /> There are no special conditions and circumstances which are peculiar to the <br /> property and the structure involved that would justify the granting of the variance. <br /> The shape and size of the lot, and the location of the house on the property are <br /> very similar to other houses in the development. <br /> The literal application of the provisions of this ordinance would not deprive the <br /> petitioner of rights enjoyed by other properties in the same district under the <br /> terms of this ordinance. All the other residences have driveways that comply with <br /> the ordinance. <br /> The need for this variance is solely the consequence of the petitioner's action. <br /> The applicant has been building in Elk River for many years and should be aware <br /> of the driveway width requirements. Furthermore, the approved survey showed a <br /> driveway that complied with the maximum driveway width. <br /> The variance would be detrimental to the neighborhood in that over 1/3 of the <br /> front yard width would be paved, which is exactly why the maximum driveway <br /> • width was adopted. <br /> S:\PLANNING\S COTr\V0101.DOC <br />