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• VARIANCE REQUIREMENTS <br /> Staff refers the Planning Commission to section 900.40 of the Elk River City <br /> Code of Ordinance for the five standards to consider when reviewing a <br /> variance. It is staffs opinion that hardship can be shown and this request <br /> meets the five required standards. The City of Elk River constructed the <br /> library and parking area at the time when each setback would have met City <br /> code. The need for a variance is not the result of the applicant but through <br /> changes to the City Zoning Ordinance. By allowing the variance, it will not <br /> detrimentally affect the health safety or welfare of the residents of the City. <br /> It should also be stressed that both of these variances are for existing <br /> conditions not associated with the proposed addition. <br /> RECOMMENDATIONS <br /> Staff recommends approval of the five (5) foot front yard building setback <br /> variance along Proctor Avenue and a five (5) foot parking lot setback variance <br /> based on the following findings: <br /> 1. Literal enforcement of the ordinance would cause unavoidable <br /> hardship because of an existing condition which, at the time <br /> • the building was constructed, met City Code. <br /> 2. The variance is not a consequence of the petitioners action but <br /> due to changes in City Code. <br /> 3. The variance will not be injurious, to, or adversely affect the <br /> health, safety, or welfare of the residents of the City or the <br /> neighborhood where in the property is situated and will be <br /> keeping with the spirit and intent of the ordinance. <br />