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Board of Adjustments Minutes <br /> June 26,2001 <br /> Page 2 <br /> 411 There being no further public comment, Chair Pederson closed the public hearing. <br /> Commissioner Franz asked if the Miske's have spoken with the neighbors. Mr.Miske noted <br /> that his neighbors have stated they have no problem with the variance,if the Board of <br /> Adjustments approves it. <br /> COMMISSIONER FRANZ MOVED APPROVAL OF THE REQUEST BY JOE <br /> AND LINDA MISKE FOR A 7'SIDE YARD SETBACK VARIANCE,CASE NO.V <br /> 01-03, BASED ON THE FOLLOWING FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD PREVENT AN <br /> ADDITION TO THE DETACHED ACCESSORY STRUCTURE. HOWEVER, <br /> THERE IS ADEQUATE SPACE ON THE SITE AT THIS TIME AND THE <br /> ADDITION IS PROPOSED IN ORDER TO RESOLVE A COMPLAINT FROM <br /> AN ADJACENT PROPERTY OWNER. <br /> 2. THE HARDSHIP CAN BE CONSIDERED THE SKEW OF THE PROPERTY <br /> LINE AND THE LOCATION AND THE PLACEMENT OF THE GARAGE IN <br /> RELATIONSHIP TO THE PROPERTY LINE. THE DETACHED <br /> STRUCTURE WAS CONSTRUCTED BY A PREVIOUS OWNER NOT IN <br /> COMPLIANCE WITH THE SETBACK REQUIREMENTS. THE LOCATION <br /> OF THE STRUCTURE IS NOT THE FAULT OF THE APPLICANT. <br /> 3. THE LITERAL APPLICATION OF THE ORDINANCE WOULD REQUIRE <br /> THE APPLICANT TO DETERMINE AN ALTERNATE LOCATION FOR THE <br /> PROPOSED ADDITION, OR TO REMOVE THE ACCESSORY STRUCTURE <br /> ENTIRELY AND REPOSITION IT ON THE SITE TO COMPLY WITH THE <br /> • SETBACK REQUIREMENTS. THE STRUCTURES ON SITE FAR EXCEED <br /> THE REMAINING SETBACK REQUIREMENTS FOR THE R1A DISTRICT. <br /> 4. THE SPECIAL CIRCUMSTANCES WERE CAUSED BY THE PREVIOUS <br /> OWNER'S CHOICE OF LOCATION FOR THE DETACHED STRUCTURE. <br /> 5. GRANTING THE VARIANCE WOULD NOT ADVERSELY AFFECT THE <br /> ADJACENT PROPERTY OWNER TO THE SOUTH,AS THE DETACHED <br /> STRUCTURE IS LOCATED SLIGHTLY IN FRONT OF THE ADJACENT <br /> GARAGE,THE CLOSEST STRUCTURE. THERE IS ADEQUATE <br /> SEPARATION BETWEEN STRUCTURES FOR FIRE PREVENTION <br /> PURPOSES. <br /> COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION <br /> CARRIED 5-0. <br /> 5. Adjournment <br /> There being no further business, COMMISSIONER MESICH MOVED TO <br /> ADJOURN THE MEETING. COMMISSIONER FRANZ SECONDED THE <br /> MOTION. THE MOTION CARRIED 5-0. <br /> The meeting of the Elk River Board of Adjustments adjourned at 6:44 p.m. <br /> Respectfully submitted, <br /> • Debbie Huebner <br /> Recording Secretary <br />