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<br />Memo to the City CouncilN 99-6 <br />May 17, 1999 <br />Page 2 <br /> <br />. <br /> <br />area, and trees on higher ground near the road. The applicant was required <br />by City Ordinance, Section 900.38(B), to submit a site plan showing the <br />proposed locations of other buildings prior to being given a building permit <br />for the horse barn. The applicant had an opportunity to inform himself about <br />the setback requirements. <br /> <br />The city ordinance Section 900.38(B) reads as follows: <br /> <br />. <br /> <br />An application for a building permit shall be made to the <br />Building and Zoning Administrator on a form furnished by the <br />City. All building permit applications shall be accompanied <br />by a site plan drawn to scale showing the dimensions of the <br />lot to be built upon and the size and location of the <br />building and accessory buildings to be erected, off-street <br />parking and loading facilities and such other information as <br />may be deemed necessary by the Building and Zoning <br />Administrator to determine compliance with this and other <br />land use ordinances. No building permit shall be issued for <br />activity in conflict with the provisions of this Ordinance <br />except activity for which a variance has been granted in <br />accordance with Section 900.40(5). The Building and Zoning <br />Administrator shall issue a building permit only after <br />determining that the application and plans comply with the <br />provisions of this Ordinance, the State Building Code and <br />other applicable laws and ordinances. <br /> <br />Granting of Variance <br /> <br />Staff refers the City Council to Section 900.40 of the City of Elk River Code of <br />Ordinances for the five standards to consider when reviewing a variance. A <br />variance may be granted only if it meets the following five 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 />. <br /> <br />\\elkriver\sys\shrdoc\planning\stevewen \ccmmo \ v99-6cc. doc <br />