01-09-2007 BA MIN - Laserfiche WebLink

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ALTERNATE LOCATIONS OF A BUILDING ADDITION WOULD INTERFERE WITH VEHICULAR CIRCULATION. 2. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT PECULIAR TO THE PROPERTY AND THE STRUCTURE. THE CIRCUMSTANCE THAT IS CAUSING THE NEED FOR A VARIANCE IS THE SETBACK REQUIREMENTS ON A CORNER LOT. THE DETERMINATION OF WHICH IS THE REAR LOT ON A CORNER LOT IS BY THE ADDRESS OF THE PROPERTY AS REAR LOT LINES ARE OPPOSITE THE ADDRESS SIDE. IF THIS BUILDING WOULD HAVE BEEN ADDRESSED OFF OF VANCE STREET, THIS ADDITION WOULD MEET THE SETBACK REQUIREMENT FOR THE NORTH SIDE AND A VARIANCE WOULD NOT BE NEEDED FOR THIS SIDE. THE REQUIREMENT OF A "REAR" YARD FOR A CORNER LOT CREATES A UNIQUENESS THAT IMPOSES GREATER HARDSHIP. 3. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION AS THE CODES REGARDING SETBACKS AND YARD CLASSIFICATIONS ARE DRIVEN BY THE CITY. HOWEVER, THE INITIAL DEVELOPMENT OF THE SITE CAUSES SOME EXPANSION OESTACLES NOT CONSIDERED AT THE TIME. 4. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRIC'~ AS AN ADDITION OF APPROXIMATELY 18-FEET WOULD MEET THE ZONING REQUIREMENTS. 5. THE VARIANCE WOULD NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY. AND WITH THE FOLLOWING CONDITION: 1. A VARIANCE OF 20-FEET SHALL BE GRANTED AS INDICTED ON THE SITE PLAN DATED 10/30/2006. MOTION CARRIED 7-0. 5. Adjournment There being no further business, MOVED BY COMMISSIONER STEVENS TO ADJOURN THE MEETING. The meeting of the Elk River Board of Adjustments adjourned at 6:38 p.m. Respectfully submitted, ,cQ~~ ~~ Debbie Huebner Recording Secretary