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<br />e <br /> <br />e <br /> <br />e <br /> <br />VARIANCE REQUIREMENTS <br /> <br />Staff refers the Planning Commission to section 900.40 of the Elk River City <br />Code of Ordinance for the five standards to consider when reviewing a <br />variance. It is staffs opinion that hardship can be shown and this request <br />meets the five required standards. The City of Elk River constructed the <br />library and parking area at the time when each setback would have met City <br />code. The need for a variance is not the result of the applicant but through <br />changes to the City Zoning Ordinance. By allowing the variance, it will not <br />detrimentally affect the health safety or welfare of the residents of the City. <br />It should also be stressed that both of these variances are for existing <br />conditions not associated with the proposed addition. <br /> <br />RECOMMENDATIONS <br /> <br />Staff recommends approval of the five (5) foot front yard building setback <br />variance along Proctor Avenue and a five (5) foot parking lot setback variance <br />based on the following findings: <br /> <br />1. <br /> <br />Literal enforcement of the ordinance would cause unavoidable <br />hardship because of an existing condition which, at the time <br />the building was constructed, met City Code. <br /> <br />2. The variance is not a consequence of the petitioners action but <br />due to changes in City Code. <br /> <br />3. The variance will not be injurious, to, or adversely affect the <br />health, safety, or welfare of the residents of the City or the <br />neighborhood where in the property is situated and will be <br />keeping with the spirit and intent of the ordinance. <br />