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Mikhail Epshteyn,applicant,explained that the proposed home will not be any closer to <br /> • the street than any of the other homes in this location,and that it will be 75 feet from the <br /> actual body of Lake Orono. He explained that the channel was made to allow storm water <br /> to outlet into the lake from a storm water pipe built under 189th Avenue right-of-way. Mr. <br /> Epshteyn noted that a similar variance was also granted for a neighboring residence in the <br /> past. <br /> Stephen Rohlf,Building and Environmental Administrator,concurred that a similar <br /> variance was granted,and that he felt approval of both the side yard setback variance and the <br /> shoreline setback variance was appropriate. <br /> There being no further public comment,Chair Pederson closed the public hearing. <br /> MOTION BY COMMISSIONER STEVENS AND SECONDED BY <br /> COMMISSIONER ANDERSON TO APPROVE/DENY THE REQUEST BY <br /> MIKHAIL EPSHTEYN FOR A SIDE YARD AND SHORELAND SETBACK <br /> VARIANCE,CASE NO.V 04-01,BASED ON THE FOLLOWING FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE <br /> UNDUE HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND <br /> CHARACTERISTIC OF,OR APPLICABLE TO,OTHER LANDS OR <br /> STRUCTURES. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS <br /> • ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS <br /> ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER <br /> THE TERMS OF THIS ORDINANCE. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br /> 5. THE VARINACE WILL NOT BE INJURIOUS TO OR ADVERSELY <br /> AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF <br /> THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS <br /> LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND <br /> INTENT OF THE ORDINANCE. <br /> MOTION CARRIED 7-0. <br /> 6. Adjournment <br /> There being no further business,MOVED BY COMMISSIONER ANDERSON AND <br /> SECONDED BY COMMISSIONER ROPP TO ADJOURN THE MEETING. <br /> MOTION CARRIED 7-0. <br /> The meeting of the Elk River Board of Adjustments adjourned at 6:40 p.m. <br /> Respectfully submitted, <br /> e YVIezirtA-t- <br /> Debbie Huebner <br /> • Recording Secretary <br />