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Board of Adjustments Minutes <br />December 11, 2007 <br />Page 2 <br />THE REQUIRED 1 ACRE IN THIS DISTRICT. LITERAL <br />ENFORCEMENT WOULD CREATE HARDSHIP DUE TO THE CITY <br />IMPOSED REDUCTION OF LOT SIZE, LIMITING THE AMOUNT OF <br />USABLE SPACE. <br />2. AS NOTED ABOVE, THE SITE IS SMALLER THAN ALLOWED BY <br />ORDINANCE, MAKING IT UNIQUE IN THE DISTRICT. THE EXISTING <br />DEVELOPMENT HAS A DRIVE AISLE SETBACK OF FIVE FEET, THE <br />APPLICANT IS NOT REQUESTING TO DECREASE THIS SETBACK, BUT <br />IS REQUESTING TO MAINTAIN THE FIVE FOOT SETBACK. THIS IS <br />CONSISTENT WITH PRESENT CONDITION OF THE SITE. <br />3. THE CITY REQUIRES THE ADDITIONAL RIGHT OF WAY, MAKING <br />THE LOT UNIQUE IN SIZE. <br />4. THE EXISTING USE HAS A FIVE FOOT SIDE YARD SETBACK AND HAS <br />SET THE PRECEDENT FOR THIS AREA. A SONIC RESTAURANT, DUE <br />TO THE BUILDING SIZE, IS UNIQUELY APPROPRIATELY SUITED FOR <br />THE LOT, IF THE VARIANCE WAS NOT GRANTED THE SITE MIGHT <br />NOT BE DEVELOPED TO THE HIGHEST INTENSE USE FOR THIS <br />LOCATION. <br />5. THE VARIANCE WILL NOT ALTER THE CHARACTER ALREADY <br />ESTABLISHED IN THIS AREA. <br />AND WITH THE FOLLOWING CONDITIONS: <br />1. ALL COMMENTS OF THE CITY ENGINEER'S MEMO DATED <br />DECEMBER 4, 2007 SHALL BE ADDRESSED. <br />2. APPROVAL OF A CONDITIONAL USE PERMIT FOR SONIC. <br />MOTION CARRIED 6-0. <br />Other Business -There was no other business. <br />6. Adjournment <br />There being no further business, MOVED BY COMMISSIONER WESTGAARD <br />MOVED TO ADJOURN THE MEETING. <br />The meeting of the Elk River Board of Adjustments adjourned at 6:33 p.m. <br />Minutes prepared by Debbie Huebner. <br />Tina Allard, Ciry Clerk <br />