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Board of Adjustments Minutes Page 2 <br />July 8, 2008 <br />There being no other comments, Chair Westgaard closed the public hearing. <br />Commissioner Staul stated that since there is a way to split the property with out a variance, <br />he was in favor of denying the request. He stated he felt it was important to comply with <br />the ordinances as written whenever possible. <br />Commissioner Scott stated that if the neighboring properties had been split recently, he <br />would consider approving the variance. He stated he supported staff s recommendation for <br />an alternative to split the property without a variance. He stated that he did not feel an <br />easement supports a case for hardship. <br />MOTION BY COMMISSIONER LEMKE AND SECONDED BY <br />COMMISSIONER ANDERSON TO DENY THE REQUEST BY CHRISTINA <br />SIMON FOR A VRIANCE TO LOT FRONTAGE REQUIREMENTS, CASE NO. <br />V 08-07, BASED ON THE FOLLOWING FINDINGS: <br />1. LITERAL ENFORCEMENT WILL NOT CAUSE UNDUE HARDSHIP AS <br />THE PROPERTY ALREADY HAS A VIABLE USE (A DUPLEX) ON IT <br />WITHOUT A VARIANCE. THE PROPERTY CAN BE SUBDIVIDED <br />WITHOUT A VARIANCE. <br />2. THERE IS NO HARDSHIP NOR SPECIAL CONDITIONS AND <br />CIRCUMSTANCES. THE CONDITIONS OF THE SITE EXISTED PRIOR <br />TO THE APPLICANT PURCHASING THE PROPERTY. THE CURRENT <br />CONDITIONS, LOT SIZE AND SETBACKS, MEET THE ZONING <br />REQUIREMENTS. <br />3. THE APPLICANT WAS AWARE OF THE CONDITIONS OF THE SITE <br />PRIOR TO PURCHASING THE PROPERTY; WHICH IS A DUPLEX ON A <br />SINGLE PARCEL OF LAND. <br />4. THE PROPERTY OWNER IS NOT BEING DEPRIVED OF ANY RIGHTS. <br />THE PROPERTY ALREADY HAS A VIABLE USE (A DUPLEX) ON IT <br />WITHOUT A VARIANCE. <br />MOTION CARRIED 6-0. <br />5. Adjournment <br />There being no further business, MOVED BY COMMISSIONER ANDERSON TO <br />ADJOURN THE MEETING. <br />The meeting of the Elk River Board of Adjustments adjourned at 6:44 p.m. <br />Respectfully submitted, <br />Debbie Huebner <br />Recording Secretary <br />