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Memo to Board of Adjustment/V 01-06 <br /> September 25,2001 <br /> Page 2 <br /> • The lot is approximately 1 acre in size.There is a large wetland that covers about 1/3 of the <br /> lot. The house is located 24 feet from the south side property line. The septic system is <br /> located on the north side of the house.The area behind the house has trees and the terrain <br /> drops down to the wetland. The existing garage is 24 feet wide and 28 feet deep (672 sf.). <br /> The property is located in Countryside Acres. Countryside Acres is zoned R1a with a <br /> minimum lot size of 2.5 acres.However,this subdivision was platted prior to the R1a zoning <br /> and consists of lots that are about 1 acre in size. <br /> Variance <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 /> Staff believes that the literal enforcement of the ordinance would cause undue hardship in <br /> that the additional garage space is needed in order to clean up the property and provide <br /> indoor storage of personal possessions.The code allows up to 2,000 square feet of accessory <br /> building area, with the proposed addition the applicant will have 1,148 square feet of <br /> accessory building area, well under the 2,000 square feet allowed by code. Another <br /> consideration is the size of the lot.The property is 1 acre in size in a zoning district where <br /> the minimum lot size is 2.5 acres.The required 20 foot side yard setback is appropriate for <br /> 2.5 acre lots but is difficult to comply with when the lot is one acre in size. <br /> The hardship is caused by special conditions and circumstances that are peculiar to the land <br /> in that the terrain,the wetland,location of the septic system and existing vegetation limit <br /> possible locations for a storage building. <br /> Other lots in the area do not have the same characteristics that limit the land that is available <br /> • to construct additional garage space. <br /> S:\PLANNING\SCOTT\V01-06.DOC <br />