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• 3) That the literal application of the provisions of this Ordinance would deprive the <br /> petitioner of rights enjoyed by other properties in the same district under the terms of <br /> Ordinance. <br /> This is not a typical use in any district of the city and therefore it is difficult to <br /> compare this proposal to other uses and properties in the same district. The literal <br /> application of the provisions of this Ordinance would unnecessarily deprive the <br /> petitioner of utilizing a site that clearly complies with the spirit of the ordinance, <br /> which is to not harm public health safety or welfare and to buffer monopole sites <br /> from residential districts as much as possible. <br /> 4) That the special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. <br /> The special conditions result from a combination of two factors. The height of the <br /> monopole which is dictated by the characteristics of wireless technology and the fact <br /> that industrially zoned properties not adjacent to residential districts in Elk River are <br /> approximately 375'x3 75'. This makes it very difficult to utilize the properties for <br /> reasonable industrial use and still meet the required setbacks. (see attached map) <br /> 5) That the variance will not be injurious to or adversely affect the health, safety or <br /> Welfare of the residents of the City or the neighborhood wherein the property is <br /> • situated and will be in keeping with the spirit and intent of the Ordinance. <br /> This criteria set forth by this paragraph is clearly the most relevant to the proposed <br /> facility. The proposed location for this facility will not adversely affect the health <br /> safety or welfare of the residents or the industrial neighborhood In fact, by <br /> approving this variance allowing the proposed site to be located centrally in the <br /> industrial park the welfare of the residents will be enhanced by not having a site <br /> located on a larger parcel directly adjacent to a residential neighborhood Also, the <br /> benefits to the community from digital wireless technology can't be understated <br /> Most of the residents of Elk River already recognize the ability of wireless service to <br /> enhance their lives with added security, convenience and productivity. <br /> If you require any further information or have any questions, please do not hesitate to call <br /> me at 642-6279. Thank you for your time and consideration. <br /> Respectfully, <br /> :4'--- <br /> .4411h,C <br /> Mr. Kenneth Nielsen <br /> Real Estate Administrator for US WEST Wireless <br /> • <br />