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Memo to Board of Adjustments/Planning Commission <br /> June 23, 1998 <br /> Page 2 <br /> 411 office space and light manufacturing. The tower is proposed to be located <br /> near the rear or northeast corner of the building. <br /> The site is located in the middle of the industrial park. Adjacent businesses <br /> include Tescom, School District 728 maintenance building, E & 0 Tool and <br /> Plastics and Dynetics Systems. <br /> In order to proceed with their proposal, the applicant has requested a <br /> variance to the setback requirements, a rezoning to AT and a conditional use <br /> permit for the tower. <br /> Variance <br /> The applicant is requesting a variance to the setback requirement for <br /> antenna towers. The setback requirement from all property lines is equal to <br /> the height of the tower. The proposed tower is 150 feet high which requires a <br /> 150 foot setback from all property lines. The proposed setbacks for the <br /> antenna tower are: <br /> • 190 feet from the south property line <br /> • 110 feet from the north property line <br /> • • 90 feet from the west property line <br /> • 90 feet from the east property line <br /> A variance of 40 feet is needed from the north property line, and 60 feet from <br /> east and west property lines. <br /> Staff refers the Board to Section 900.40 of the City of Elk River Code of <br /> Ordinances for the five standards to consider when reviewing a variance. A <br /> variance may be granted only if it meets the following five conditions: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. The hardship is caused by special conditions and circumstances which <br /> are peculiar to the property and the structure involved and which are <br /> not characteristic of, or applicable to, other lands or structure in the <br /> same area. <br /> 3. The literal application of the provisions of this ordinance would <br /> deprive the petitioner of rights enjoyed by other properties in the same <br /> district under the terms of this ordinance. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> • petitioner's own action or inaction. <br /> \\elkriver\sys\shrdoc\planning\scott\cu98-16.doc <br />