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Memo to Planning Commission/Qwest <br /> July 24,2001 <br /> Page 2 <br /> The site is on the east side of Highway 169. On the west side of Highway 169 is a gravel • <br /> mining operation, to the south is a single family residence, to the north is Elk River <br /> Bituminous and to the east is land that is undeveloped. <br /> The property is hilly and wooded.The tower will be located at the south end of the property, <br /> near the top of the hill.The existing house on the property is located about 300'north of the <br /> tower, at the bottom of the hill. There is a neighboring house located about 213'south of <br /> the proposed tower. The area surrounding the tower is wooded. The only woods to be <br /> removed is the area for a 12'wide access road and the area around the tower. The base of <br /> the tower will not be visible from either home. <br /> Variance <br /> The applicant is requesting a variance to the setback requirement for antenna towers.The <br /> required setback from all property lines is a distance equal to the height of the tower.The <br /> proposed tower is 150 feet high which requires a 150 foot setback from all property lines. <br /> The proposed setbacks for the antenna tower are: <br /> • 400 feet from the north property line <br /> • 125 feet from the south property line <br /> • 75 feet from the west property line <br /> • 150 feet from the east property line <br /> A variance of 75 feet is needed from the west property line and 25 feet from the south <br /> property line. <br /> Staff refers the Board to Section 900.40 of the City of Elk River Code of Ordinances for the <br /> five standards to consider when reviewing a variance.A variance may be granted only if it <br /> 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 are peculiar to <br /> the property and the structure involved and which are not characteristic of, or <br /> applicable to, other lands or structure in the same 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 the terms <br /> of this ordinance. <br /> 4. The special conditions and circumstances are not a consequence of the petitioner's <br /> own action or inaction. <br /> 5. The variance will not be injurious to or adversely affect the health,safety or welfare <br /> of the residents of the City or the neighborhood where the property is located and <br /> will in keeping with spirit and intent of the ordinance. <br /> S:\PLANNING\SCOTT\CU01-25.DOC <br />