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<br />Memo to the City CouncilN 99-2 <br />April 19, 1999 <br />Page 2 <br /> <br />. <br /> <br />variance. Furthermore, the building coverage is less than the 40% allowable <br />in the Industrial zoning district. <br /> <br />Setbacks Reauirements <br /> <br />The parking setback is 10 feet from property lines. <br /> <br />Variance Request <br /> <br />To accommodate necessary vehicular access around the proposed building, <br />the applicant is requesting a variance of 9 feet, or roughly 2,304 square feet <br />of variance from the parking setback along the railroad right-of-way. <br /> <br />Granting of Variance <br /> <br />Staff refers the Board of Adjustments to Section 900.40 of the City of Elk <br />River Code of Ordinances for the five standards to consider when reviewing a <br />variance. A variance may be granted only if it meets the following five <br />conditions: <br /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <br /> <br />. 2. The hardship is caused by special conditions and circumstances which are <br />peculiar to the property and the structure involved and which are not <br />characteristic of, or applicable to, other lands or structure in the same <br />area. <br /> <br />3. The literal application of the provisions of this ordinance would deprive <br />the petitioner of rights enjoyed by other properties in the same district <br />under the terms of this ordinance. <br /> <br />4. The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <br /> <br />5. The variance will not be injurious to or adversely affect the health, safety <br />or welfare of the residents of the City or the neighborhood where the <br />property is located and will in keeping with spirit and intent of the <br />ordinance. <br /> <br />Staff and the applicant believe that the variance from the parking setback is <br />justified and that literal enforcement of the ordinance will cause the <br />applicant undo hardship because: <br /> <br />. <br /> <br />\ \elkriver\sys\shrdoe\p 1 anning\stevewen \eemmo \ v99- 2ee. doc <br />