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Memo to Planning Commission Page 3 <br /> March 26, 1996 <br /> • size not based on platted or unplatted conditions should be a sufficient <br /> criteria for determining if a CUP is required. <br /> Subject Site <br /> The property is about three acres in size, about 375 feet wide and 350 feet deep. <br /> The site contains a house. The storage building has been constructed and split <br /> rail fencing runs along the west property line and along the front from the west <br /> property line to the storage building. <br /> Variance <br /> Analysis <br /> There does not appear to be any physical, topographic or vegetative <br /> constraints the would prohibit the applicant from complying with the 300 <br /> foot setback. Complying with the 300 foot setback would place the storage <br /> building in the back yard. <br /> Staff refers the Planning Commission to Section 900.40 of the Elk River <br /> Code of Ordinances for the standards to consider when reviewing a <br /> III variance. Staff also refers the Commission to the applicant's letter which <br /> outlines their reasoning for this variance request. <br /> It is not clear what undue hardship the applicant will face by complying <br /> with the 300 foot setback requirement. As indicated previously, there is <br /> enough room on the property to comply with the 300 foot setback. There <br /> does not appear to be any special conditions that are unique to this site <br /> that are not applicable to other properties in the area The variance should <br /> not be detrimental to the health, safety and welfare of the neighborhood. <br /> Recommendation <br /> It is staff's opinion that this request does not meet the five standards <br /> required to grant a variance based on the following findings: <br /> 1. The literal enforcement of the Ordinance will not cause undue hardship <br /> for the applicant since there is enough room on the site to comply with the <br /> setback requirement. <br /> 2. There are no special conditions such as topography, vegetation or <br /> existing structures which are peculiar to this property. <br /> IP3. Literal application of the Ordinance will not deprive the applicant of <br /> property rights enjoyed by other properties in this neighborhood. <br /> s:\planning\scott\cu96-3.doc <br />