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Board of Adjusmaents Minutes <br />March 26, 2002 <br />Page 4 <br /> <br />SETBACK FROM 20 FEET TO 12 FEET, CASE NO. V 02-03, BASED ON THE <br />FOLLOWING FINDINGS: <br /> <br />LITERAL ENFORCEMENT WOULD REQUIRE THE APPLICANT TO <br />BUILD A SHED IN A LOCATION THAT IS NOT ACCESSIBLE OR <br />WOULD CREATE AESTHETIC IMPACTS TO THE SUBJECT OR <br />NEIGHBORING PROPERTIES. <br /> <br />THE ,HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br />CIRCUMSTANCES, WHICH ARE PECULIAR TO THE PROPERTY. <br />DUE TO STEEP, VEGETATED SLOPES AND WETLAND AREAS, THE <br />SITE HAS FEW BUILDABLE AREAS. <br /> <br />THE LITERAL APPLICATION OF THE PROVISIONS OF THIS <br />ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS <br />ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT <br />UNDER THE TERMS OF THIS ORDINANCE. OTHER PROPERTIES <br />HAVE BEEN ABLE TO CONSTRUCT ACCESSORY STRUCTURES AS <br />ALLOWED BY THE ORDINANCE. <br /> <br />THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br />CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR <br />INACTION. THE HOUSE WAS PLACED WHERE IT IS BY A <br />PREVIOUS OWNER. <br /> <br />5. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER <br /> PROPERTIES IN THE VICINITY. <br /> <br />COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION <br />CARRIED 7-0. <br /> <br />4. Other Business - None <br /> <br />5. Adjournment <br /> <br />There being no further business, COMMISSIONER MESICH MOVED TO <br />ADJOURN THE MEETING. COMMISSIONER BAKER SECONDED THE <br />MOTION. THE MOTION CARRIED 7-0. <br /> <br />The meeting of the Elk River Board of Adjustments adjourned at 7:10 p.m. <br /> <br />Respectfl. flly submitted, <br /> <br />Debbie Huebner <br />Recording Secretary <br /> <br /> <br />