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<br />. <br /> <br />1. The present house was built in 1940, and an addition was built in 1956. <br />The materials a11d construction are of low end quality and are extremely <br />outdated. Age, design, and natural deterioration have combined to <br />render rehabilitation of this house impractical. Granting a variance for <br />new construction would bring the new structure and property into full <br />compliance with City codes and regulations. <br /> <br />2. Peculiar to this land and structure, most of the present house is located <br />in the flood plain of the Elk River. City, state and federal code and <br />regulations strictly limit any remodeling or repairs to septic system <br />placemen~ and strictly prohibit any new construction adjacent to the <br />flood plain <br /> <br />A topographical and boundary survey was conducted to certify that the <br />proposed dimensions and siting of the house meet the set- back <br />requirements from the river, the road and property line. A variance for <br />new construction out of the flood plain, with a set-back of 18 feet from <br />the road right of way is needed to restore the value and provide the <br />owners with a habitable property to construct a new home. <br /> <br />. <br /> <br />3. Without the granting a variance, the owners would be deprived the right <br />enjoyed by other like properties. Similar properties are virtually <br />unavailable in this area. The benefits accrued to the City by the <br />demolition and removal of the present structure, and building a new <br />house would reduce the liability or concern for City services such as fire, <br />police and emergencies because of unimpeded access. Further, <br />problems caused by flooding are eliminated. . <br /> <br />4. The special conditions and circumstances of this property are the res.ult <br />of updating codes and regulations beyond the control of the property <br />owners. Granting a variance would bring this property into compliance <br />with applicable codes and regulations. <br /> <br />5. Granting a variance would have no injurious or adverse affects to the <br />health, safety and well being of the neighborhood. In fact, the neigh- <br />bors we have talked with, believe this project will enhance the <br />neighborhood. And, being out the flood plain is one less concern for <br />the City and certainly gives greater peace of mind for the owners. <br /> <br />. <br />