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FINDINGS OF FACT Elk River City Code states that in order for a Variance to be granted, the request must meet the following five criteria outlined in Sec. 30-635. — Variances: a. A variance may be granted by the board only if it finds that: (1) The variance is in harmony with the general purpose and intent of the ordinance. (2) The variance is consistent with the City of Elk River comprehensive plan. b. Variances may be granted when the petitioner establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties means that: (1) The petitioner proposes to use the property in a reasonable manner not permitted by the zoning ordinance; (2) The plight of the petitioner is due to circumstances unique to the property not a consequence of the petition's own action or inaction; and (3) The variance, if granted, will not alter the essential character of the locality. 2. Taking into consideration the entire record in this matter, including all of the testimony and evidence received by the Board of Adjustments and the City Council, the City Council concurs in the decision of the Board of Adjustments and finds the Application does not meet the criteria for approval of a variance, as follows: 1. The general purpose and intent of the ordinance are not met. 2. The proposed use is not a reasonable use of the property as there are options for constructing a deck that meets ordinance requirements. 3. The plight of the petitioner is due to the petitioner's own action. 4. The essential character of the locality would be altered. DECISION Therefore, the City Council of the City of Elk River denies the Application for a Variance at 19538 Albany Street NW, Elk River, MN 55330, based on the findings of fact set forth above. Passed and adopted this W' day of December, 2016. hn J. ietz, or 7T: Tina Allard, City Clerk IRWFRFI 11 NATURE