Laserfiche WebLink
Mr.Steve Ach August 29, 1995 <br /> City of Elk River Page 2 <br /> • recommended not to realign the ditch but select a more environmentally sound solution and <br /> request a variance to the front setback and ditch setback. <br /> The variance will accomplish two major objectives of the DNR and the City. <br /> 1. The existing oak trees between the ditch and railroad would remain. <br /> 2. The erosion potential created by the ditch relocation would not occur. <br /> We believe we meet the City's criteria for a variance, due to the unique circumstances of these <br /> two lots. They are as follows: <br /> 1. The literal enforcement of the ordinance would cause undue hardship on these lots and <br /> make them unbuildable or create an environmental hardship due to the ditch relocation. <br /> 2. That the hardship was caused by special conditions of jurisdictional changes in the ditch <br /> approvals and circumstances which are peculiar to the land such as the railroad, ditch, <br /> wetlands and gas lines which restrict the buildable area. <br /> 3. That the literal application of the provisions of the Ordinance would deprive Mr. Backes the <br /> right to build on these two lots of record. <br /> 4. The special conditions and circumstances are not a consequence of Mr. Backes' own action <br /> but of the confusion of regulatory branches. <br /> 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the <br /> residents of the City or the neighborhood wherein the property is situated. These two lots <br /> 11111 were platted and intended to be built upon. Due to the distance between the adjacent <br /> homes within the plat (approximately 150 feet), the setback variances will blend with the <br /> adjoining neighbors. <br /> Mr. Backes is in agreement with the DNR and City staff recommendation that the ditch not be <br /> relocated and the variances be granted by the City. <br /> Please contact myself or Mr. Backes if you have any questions. <br /> Sincerely, <br /> LOUCK &ASSOCIATES,INC. <br /> 7-7 "2/41/ <br /> Je rey A. Shope ,P.E. <br /> Principal Engineer <br /> \93101b\corresp\vamce.doc <br /> Encs. DNR letter dated March 30, 1993 <br /> City application for variance request <br /> Site Plan showing setback request <br /> cc: Dennis Backes <br /> • <br />