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Memo to Mayor and City CouncilN 01-01 <br />February 20, 2001 <br />Page 2 <br /> <br />Variance <br /> <br />Staff refers the Board to Section 900.40 of the City of Elk River Code of <br />Ordinances for the five standards to consider when reviewing a variance. A <br />variance may be granted only if it meets the following five conditions: <br /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <br /> <br />The hardship is caused by special conditions and circumstances which <br />are peculiar to the property and the structure involved and which are not <br />characteristic of, or applicable to, other lands or structure in the same <br />area. <br /> <br />The literal application of the provisions of this ordinance would deprive the <br />petitioner of rights enjoyed by other properties in the same district under <br />the terms of this ordinance. <br /> <br />The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <br /> <br />° <br /> <br />The variance will not be injurious to or adversely affect the health, safety <br />or welfare of the residents of the City or the neighborhood where the <br />property is located and will in keeping with spirit and intent of the <br />ordinance. <br /> <br />The applicant has not provided any documentation showing how the literal <br />enforcement of the ordinance will cause undue hardship. <br /> <br />There are no special conditions and circumstances which are peculiar to the <br />property and the structure involved that would justify the granting of the variance. <br />The shape and size of the lot, and the location of the house on the property are <br />very similar to other houses in the development. <br /> <br />The literal application of the provisions of this ordinance would not deprive the <br />petitioner of rights enjoyed by other properties in the same district under the <br />terms of this ordinance. All the other residences have driveways that comply with <br />the ordinance. <br /> <br />The need for this variance is solely the consequence of the petitioner's action. <br />The applicant has been building in Elk River for many years and should be aware <br />of the driveway width requirements. Furthermore, the approved survey showed a <br />driveway that complied with the maximum driveway width. <br /> <br />The variance would be detrimental to the neighborhood in that over 1/3 of the <br />front yard width would be paved, which is exactly why the maximum driveway <br />width was adopted. <br /> <br />S:\PLANNING\SCOTT~V0101 CC.DOC <br /> <br /> <br />