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• • A 20 foot side yard setback would not deprive the ability of neighboring <br /> property owners to develop their property safely and in conformance with <br /> fire and building code issues. <br /> • The variance is also not the result of the petitioner's action, but due to an <br /> oversight by City staff. <br /> RECOMMENDATION <br /> It is recommended that the Planning Commission approve the 5 foot side <br /> yard setback variance based on the following findings: <br /> 1. Literal enforcement of the ordinance would cause unnecessary <br /> hardship by creating a nonconforming situation for the existing <br /> building. <br /> 2. The variance is not a consequence of the petitioner's action but due to <br /> an oversight by city staff. <br /> 3. Granting the variance will not be injurious or adversely affect the <br /> health, safety and welfare of the residents of the City of Elk River, or <br /> • the general area where the property is located. <br /> 4. Granting the variance would allow for a consistent building location <br /> along the entire south property line. <br /> • <br /> s:p l annin g:p c:v94-15 <br />