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RESOLUTION 98 - /,7 RESOLUTION FOR THE CITY OF ELK RIVER A RESOLUTION GRANTING A VARIANCE Case No. V 98-1 WHEREAS, the property owner, Arthur L. Johnson, has requested the City of Elk River Board of Adjustments grant a front yard setback variance in an application dated March 2, 1998; and, WHEREAS, a public hearing was held on March 24, 1998, before Board of Adjustments at the Elk River City Hall on such request after due published and posted notice had been given, as well as personal notice to affected property owners on March 11, 1998, and all persons interested were given an opportunity to be heard; and, WHEREAS, on March 24, 1998, the Board of Adjustments voted unanimously to deny the request for a front yard setback variance; and, WHEREAS, an appeal of the Board of Adjustments' decision was made by the property owner to the City Council at a public hearing on April 20, 1998; and, WHEREAS, the City Council voted unanimously to continue the request until the May 4, 1998, City Council meeting; and, WHEREAS, on May 4, 1998, the City Council, by consensus, approved the variance request and voted 4-1 to direct that staff identify the hardships which apply to the variance request at the May 11, 1998 City Council meeting; and, WHEREAS, on May 11, 1998, the City Council voted 4 - i to approve the variance request. NOW, THEREFORE, BE IT RESOLVED that such petition for a 23' (Twenty- three foot) front yard setback variance is hereby granted for the property described as follows on Exhibit A, based on the following findings: The literal enforcement of the variance will cause the applicant undue hardship in that the proposed garage will have to be located in the middle of their front yard, be visually obtrusive to