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<br />e <br /> <br />. A 20 foot side yard setback would not deprive the ability of neighboring <br />property owners to develop their property safely and in conformance with <br />fire and building code issues. <br /> <br />. The variance is also not the result of the petitioner's action, but due to an <br />oversight by City staff. <br /> <br />RECOMMENDATION <br /> <br />It is recommended that the Planning Commission approve the 5 foot side <br />yard setback 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 />3. Granting the variance will not be mJurious 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 />. <br /> <br />4. <br /> <br />Granting the variance would allow for a consistent building location <br />along the entire south property line. <br /> <br />e <br /> <br />s:planning:pc:v94-15 <br />