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(2) The plight of the petitioner is due to circumstances unique to the <br />property not a consequence of the petitioner's own action or inaction; <br />and <br />(3) The variance, if granted, will not alter the essential character of the <br />locality. <br />8. The Board of Adjustments voted 3-2 to deny the Variances based on the following <br />findings: <br />a. The variance is not in harmony with the general purpose and intent of the <br />ordinance. <br />b. The essential character of the locality will be altered if a structure encroaches <br />into the front yard setback. <br />9. The Elk River City Code provides that a decision by the Board of Adjustments to <br />deny a variance shall not be final and shall automatically be appealed to the City <br />Council. <br />10. On May 20, 2024, the City Council held a public hearing and reviewed the Variance <br />requests. <br />11. During the public hearing, the City Council received testimony regarding the <br />proposed Variances on the surrounding residential area. <br />12. Following the conclusion of the public hearing, the City Council voted 5-0 to reverse <br />the decision of the Board of Adjustments. <br />13. The decision of the City Council took into consideration all the testimony and <br />evidence received at the public hearing, as well as the record presented from the <br />Board of Adjustments and the Variance Application, and the foregoing Findings of <br />Fact, the City Council finds, that the Applicant has established that it has met the <br />requirements for approval of the requested Variances as follows: <br />a. A variance may be granted by the board only if it finds that: <br />(1) The variance is in harmony with the general purpose and intent of the <br />ordinance. <br />The purpose and intent of frontyard setbacks is to ensure that buildings are not <br />constructed too close to the street, he ping maintain a visually pleasing streetscape With <br />uniformity of structures along a street. Due to the sitie of the lot, construction of the <br />proposed structure where it encroaches into the frontyard setbacks will not be too close to <br />the street, and will not detract from the streetscape of structure uniformity. <br />(2) The variance is consistent with the City of Elk River comprehensive <br />plan. <br />