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<br />. <br /> <br />. <br /> <br />. <br /> <br />Memo to Mayor and City CouncilN 99-16 <br />December 20, 1999 <br />Page 2 <br /> <br />The proposed structure will comply with the setback requirements for <br />accessory structures. The setback requirements are 5 feet from the side and <br />rear property lines and 30 feet from the front property line. It will also <br />comply with the 15 foot maximum height requirement. <br /> <br />The applicant stated the color of the exterior and the roof will match the <br />house. <br /> <br />Variance <br /> <br />Staff refers the 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 <br />are peculiar to the property and the structure involved and which are <br />not characteristic of, or applicable to, other lands or structure in the <br />same area. <br /> <br />3. <br /> <br />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, <br />safety or welfare of the residents of the City or the neighborhood where <br />the property is located and will in keeping with spirit and intent of the <br />ordinance. <br /> <br />The applicant does not identify any hardship other than economic. They have <br />already purchased the building. If the exterior were changed to a material <br />other than the steel panels, a variance would not be needed. According to <br />state statute, economic considerations alone shall not constitute an undue <br />hardship if reasonable use of the property exists under the terms of the <br />ordinance. A reasonable use of the property does exist under the terms of the <br />ordinance. <br /> <br />s: \PLANNING\SCOTT\V99-16CC.DOC <br />