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<br />- <br /> <br />The details related to the variance are outlined in the attached memo to the <br />Planning Commission. <br /> <br />PLANNING COMMISSION MEETING <br /> <br />At the December 27, 1994 Planning Commission meeting, the Commission <br />concurred with staffs findings and recommended approval of a 5 foot side <br />yard variance. <br /> <br />RECOMMENDATION <br /> <br />It is recommended that the City Council approve the 5 foot side yard setback <br />variance based on the following findings: <br /> <br />1. Literal enforcement of the ordinance would cause unnecessary <br />hardship by creating a nonconforming situation for the existing <br />building. <br /> <br />2. The variance is not a consequence of the petitioner's action but due to <br />an oversight by city staff. <br /> <br />e <br /> <br />3. <br /> <br />Granting the variance will not be injurious or adversely affect the <br />health, safety and welfare of the residents of the City of Elk River, or <br />the general area where the property is located. <br /> <br />4. Granting the variance would allow for a consistent building location <br />along the entire south property line. <br /> <br />e <br /> <br />council:v94-15 <br />