3.1. BASR 01-29-2002 - Laserfiche WebLink

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Memo to Board of Adjustments January 29,2002 Page 2 of about 98-feet and a rear lot line width of about 53-feet. The Elk River runs along the rear of the property and there are single-family dwellings on each side. There is an existing 24- foot wide by 32-foot deep dwelling approximately 57-feet from the front property line. There is no basement in the current dwelling. A new septic system,located just southeast of the dwelling, was installed in 1999 and will meet the city's requirement for the proposed addition. There are several mature trees around the site. Overview The proposed addition would include two bedrooms and one bathroom along with the garage addition as well as basement space for shelter during inclement weather. The addition would reduce the setback from 35-feet to 11-feet. According to the applicant's designer and contractor,building above the existing house is not an option, as the foundation would not be adequate enough to support the addition. Building to the rear of the house is not allowed,as it falls into the 100-foot setback from the ordinary high water mark of the Elk River. Building to the east is not an option as it is the location of the drain field. Staff provided an alternative design on the property but the applicant felt it would not suit the applicant's spatial needs.There was also discussion of putting the house addition above the proposed garage space, but this would not provide the basement space they desired. • Analysis In order to grant a variance from the literal interpretation of the ordinance,the following five conditions must be met: 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances,which are peculiar to the property and the structure involved and which are not characteristic of,or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5. The variance will not be injurious to or adversely affect the health,safety or welfare of the residents of the city or the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. Literal enforcement would require the applicant to place the garage and/or house addition in a location that may or may not suit the applicant's needs. S:\PLANNING\Case Files\V 02-01 Person\V02-01.DOC