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<br />Meeting of the Elk River City Council <br />July 17, 19~~ <br /> <br />Page 11 <br /> <br />, - <br />----..._----------~ <br /> <br />e <br /> <br />COUNCILMEMBER FARBER MOVED TO APPROVE A 25 FOOT SETBACK VARIANCE <br />FROM THE RIGHT-OF-WAY OF VERNON STREET AS REQUESTED BY ALLAN HANSE OF <br />21340 VERNON STREET NW BASED ON THE FOLLOWING FINDINGS: <br /> <br />1. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD CAUSE UNDUE <br />HARDSHIP, BY THE FACT THAT APPLYING THE EXISTING 50-FOOT SETBACK <br />STANDARD WOULD REQUIRE THE LOSS OF SEVERAL MATURE OAK TREES, OR <br />THE PLACEMENT OF THE GARAGE IN AN INCONVENIENT AREA ON THE REAR <br />OF THE PARCEL AWAY FROM THE EXISTING HOME. <br /> <br />2. THE INTENT OF THE A-1 SETBACK STANDARDS ARE FOR A 1 O-ACRE MINIMUM <br />LOT SIZE. THE LOTS IN THE GREENHEAD ACRES 3RD ADDITION RANGE IN SIZE <br />BETWEEN 2 ACRES TO 8 ACRES, MAKING IT DIFFICULT, IN CERTAIN <br />SITUATIONS, TO MEET ALL THE SETBACK REQUIREMENTS. <br /> <br />3. HARDSHIP IS CAUSED BY THE TOPOGRAPHY OF THE SITE, WHICH MAKES IT <br />DIFFICULT TO CONSTRUCT A GARAGE AT THE SETBACK LINE, DUE TO THE <br />DROP OFF, WHICH WOULD NECESSITATE THE NEED FOR EXTENSIVE FILL AND <br />THE lOSS OF SEVERAL MATURE OAK TREES. <br /> <br />4. THE VARIANCE WILL NOT BE DETRIMENTAL TO THE HEALTH, SAFETY, AND <br />WELFARE OF THE NEIGHBORHOOD, AND IS IN KEEPING WITH THE SPIRIT AND <br />INTENT OF THE ORDINANCE. <br /> <br />COUNCILMEMBER HOLMGREN SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> <br />e <br /> <br />8.8. <br /> <br />Reauest by Bob and Karen Dare for Conditional Use Permit. Public Hearina. Case <br />No. CU 95-14 <br /> <br />City Planner Steve Ach indicated that Bob and Karen Dare of Dare's Funeral <br />Home are requesting a conditional use permit to expand the existing funeral <br />business located at the southwest corner of Main Street and King Avenue. <br /> <br />Mayor Duitsman opened the public hearing. <br /> <br />John Anderson, 208 Lowell Avenue, indicated his concern regarding the <br />significant grade of the potential pathway and how it will affect his property. He <br />further indicated his request for screening along the parking area closest to his <br />home. <br /> <br />Mr. Bob Dare indicated that he will work with the Anderson I s regarding these <br />issues. <br /> <br />There being no further comments. Mayor Duitsman closed the public hearing. <br /> <br />COUNCILMEMBER HOLMGREN MOVED TO APPROVE THE CONDITIONAL USE PERMIT <br />REQUEST BY BOB AND KAREN DARE TO EXPAND THEIR EXISTING FACILITY LOCATED <br />AT THE SOUTHWEST CORNER OF MAIN STREET AND KING AVENUE AND TO MAKE <br />VARIOUS SITE IMPROVEMENTS BASED ON THE FOLLOWING CONDITIONS: <br /> <br />e <br /> <br />1. <br /> <br />COMMENTS OUTLINED IN STAFF'S MEMO TO THE PLANNING COMMISSION <br />DATED JUNE 27, 1995, AS WELL AS COMMENTS CONTAINED IN THE CITY <br />