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Board of Adjustments Minutes <br /> August 23,2005 Page 3 <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br /> THE CITY,WHILE HAVING PRESCRIPTIVE RIGHTS,DOES NOT HAVE <br /> THE NECESSARY EASEMENTS REQUIRED FOR UPLAND AVENUE. <br /> THE NEED FOR THE CITY TO ACQUIRE THE RIGHT OF WAY FROM <br /> THE APPLICANT IS A CONDITION BEYOND THE APPLICANT'S <br /> CONTROL AND CONTRIBUTES TO THE NEED FOR THE VARIANCES. <br /> IN ADDITION,THE APPLICANT WAS NOT RESPONSIBLE FOR <br /> CREATING THE SHAPE OF THE PARCEL. THIS WAS A RESULT OF <br /> PAST AUDITOR'S SUBDIVISION ACTIONS. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY <br /> AFFECT THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS <br /> OF THE CITY OR THE NEIGHBORHOOD WHEREIN THE PROPERTY <br /> IS SITUATED AND WILL BE IN KEEPING WITH THE SPIRIT AND <br /> INTENT OF THIS ARTICLE. <br /> THE RESULTING LOT AREA FOR THE SECOND LOT WILL BE JUST <br /> SLIGHTLY UNDER THE 11,000 SQUARE FOOT MINIMUM LOT <br /> REQUIREMENT. IN ADDITION,BY GRANTING THE LOT WIDTH <br /> VARIANCE,A STANDARD SIZE SINGLE FAMILY HOME CAN STILL BE <br /> CONSTRUCTED ON THE SITE AS NOTED ON THE DRAWING <br /> PREPARED BY STAFF. <br /> 411 MOTION CARRIED 7-0. <br /> 6. Adjournment <br /> There being no further business,MOVED BY COMMISSIONER STEVENS AND <br /> SECONDED BY COMMISSIONER SCOTT TO APPROVE ADJOURN THE <br /> MEETING. MOTION CARRIED 7-0. <br /> The meeting of the Elk River Board of Adjustments adjourned at 6:44 p.m. <br /> Respectfully submitted, <br /> ZQ <br /> Debbie Huebner <br /> Recording Secretary <br /> • <br />