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RESPONSE TO VARIANCE CRITERIA <br /> (responses in bold) <br /> 900 .40 (5B . ) <br /> That the literal enforcement of the ordinance would <br /> cause undo (unnecessary, unavoidable, extreme) <br /> hardship. <br /> The literal enforcement of the ordinance would cause unnecessary <br /> hardship. Qwest Wireless has done due diligence to find a site that is <br /> high enough to fill the gap in coverage with one tower,that is screened as <br /> much as possible from view off site. This property is the best possible <br /> location from a community planning perspective and radio frequency <br /> perspective. Without the proposed tower,people working, residing,and <br /> traveling through northern Elk River will continue to be in a dead zone <br /> for purposes of telecommunications. <br /> ii. That the hardship caused by special conditions and <br /> circumstances which are peculiar to the land and <br /> structure involved and which are not characteristic <br /> of, or applicable to, other lands or structures in <br /> the same district <br /> The proposed site has the highest elevation along the southern portion of <br /> the property where it would be substantially screened from view by the <br /> existing trees. However,the property is more narrow at the southern <br /> half,due to the substantial right of way acquired for Highway 169 at this <br /> location,which makes it impossible to meet setback requirements. The <br /> lower the elevation,the higher the tower must be to obtain proper <br /> coverage,and in turn,the greater the setback requirement. There are <br /> no other properties in the search ring that are high enough and large <br /> enough with mature landscaping for screening. The variance has been <br /> minimized as much as possible,to meet the intent of the zoning <br /> ordinance. The 150 foot tower will be 213 feet form the nearest <br /> residence. <br /> iii. That the literal application of the provisions of <br /> this Ordinance would deprive the petitioner of <br /> rights enjoyed by other properties in the same <br /> district under the terms of this Ordinance. <br /> The literal interpretation would deprive the petitioner of rights enjoyed <br /> by other properties in the same district. The literal interpretation of the <br /> ordinance would result in a continual gap in coverage and deprive the <br /> citizens, businessmen and passers by,the rights and services presently <br /> enjoyed and utilized elsewhere in the City. <br />