Laserfiche WebLink
Mr. Steve Ach August 29, 1995 <br />City of Elk River Page 2 <br />. recommended not to realign the ditch but select a more environmentally sound solution and <br />request a variance to the front setback and ditch setback. <br />The variance will accomplish two major objectives of the DNR and the City. <br />1. The existing oak trees between the ditch and railroad would remain. <br />2. The erosion potential created by the ditch relocation would not occur. <br />We believe we meet the City's criteria. for a variance, due to the unique circumstances of these <br />two lots. They are as follows: <br />1. The literal enforcement of the ordinance would cause undue hardship on these lots .and <br />make them unbuildable or create an environmental hardship due to the ditch relocation. <br />2. That the hardship was caused by special conditions of jurisdictional changes in the ditch <br />approvals and circumstances which aze peculiaz to the land such as the railroad, ditch, <br />wetlands and gas lines which restrict the buildable area. <br />3. That the literal application of the provisions of the Ordinance would deprive NIr. Backes the <br />right to build on these two lots of record. <br />4. The special conditions and circumstances aze not a consequence of Mr. Backes' own action <br />but of the confusion of regulatory branches. <br />5. The vaziance will not be injurious to or adversely affect the health, safety or welfare of the <br />residents of the City or the neighborhood wherein the property is situated. These two lots <br />were platted and intended to be built upon. Due to the distance between the adjacent <br />i~ homes within the plat (approximately 150 feet), the setback variances will blend with the <br />adjoining neighbors. <br />Mr. Backes is in agreement with the DNR and City staff recommendation that the ditch not be <br />relocated and the variances be granted by the City. <br />Please contact myself or Mr. Backes if you have any questions. <br />Sincerely, <br />LOUC & ASSOCIATES, INC. <br />~7 ~~ <br />Je ey A. Shope , P.E. <br />Principal Engineer <br />\93101b\corresp\vamce.doc <br />Encs. DNR letter dated March 30,1993 <br />City application for variance request <br />Site Plan showing setback request <br />cc: Dennis Backes <br /> <br />