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.y of <br /> <br />TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />MEMORANDUM <br /> <br />Item# <br /> <br />Mayor and City Council <br /> <br /> Scott Harlicker, Planning Assistant~ <br /> May 11, 1998 <br /> <br />SUBJECT: Request by Art Johnson for Variance, <br /> Case No. V 98-4 <br /> <br />Request <br /> <br />Consider a request by Art Johnson for a variance to the minimum front yard <br />setback for an accessory structure. <br /> <br />Issue <br /> <br />At the May 4, 1998 City Council meeting the Council directed staff to put <br />together a list of findings in support of granting the Johnson's variance <br />request to construct a garage within the front yard setback. Attached is <br />Resolution 98-__ granting the variance. The following findings are offered <br />in support for granting the variance: <br /> <br />The literal enforcement of the variance will cause the applicant undue <br />hardship in that the proposed garage will have to be located in the middle <br />of their front yard, be visually obtrusive to both the applicant and the <br />neighbors, and will adversely affect the value of their property. <br /> <br />o <br /> <br />The hardship is cause by special conditions and circumstance which are <br />peculiar to the property including the placement of the house on the <br />property, the change in elevation and the shape of the lot <br /> <br />The literal application of the ordinance will deprive the petitioner of <br />rights enjoyed by other properties in that there is a neighboring house and <br />a storage shed which do not meet the front yard setback requirements. <br /> <br />4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action. <br /> <br />5. The variance will not be injurious to or adversely affect the health, safety <br /> or welfare of the residents of the City or neighborhood where the property <br /> <br />13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 <br /> <br /> <br />