98-047 RESRESOLUTION 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
both the applicant and the neighbors, and will adversely affect
the value of their property.
The hardship is cause by special conditions and circumstance
which are peculiar to the property including the placement of the
house on the property, the change in elevation and the shape of
the lot
o
The literal application of the ordinance will deprive the petitioner
of rights enjoyed by other properties in that there is a
neighboring house and a storage shed which do not meet the
front yard setback requirements.
4. The special conditions and circumstances are not a
consequence of the petitioner's own action.
The variance will not be injurious to or adversely affect the
health, safety or welfare of the residents of the City or
neighborhood where the property is located. The neighboring
property owners spoke out in support of granting the variance.
Adopted by the Elk River City Council this 11th ~;,~f May, ~b8.~
ATTEST: z'/l~en~uit~man' ~ay°~'
Sandra Thackeray, City Clerk~
\\elkriver\sys\shrdoc\document\resoluti\v98-1.doc
EXHIBIT A
That pad of Government Lot 2 described as follows: Beginning at the center of the
Northeast Quarter of Section 24, thence westerly along the quarter section line a
distance of 808.6 feet, thence southerly and parallel to the East line of said Lots 2 and 3 a
distance of 1420.43 feet, thence deflecting to the right 90 degrees 47 minutes a distance
of 155 feet to a point herein designated as Point 1, thence deflecting to the left 89
degrees 13 minutes to the Iow water mark of the Mississippi River and the actual Point of
Beginning, thence returning along said last described line to Point 1, thence deflecting to
the left 90 degrees 47 minutes a distance of 150 feet, thence deflecting to the left 89
degrees 13 minutes to the Iow water mark of the Mississippi River, thence Southeasterly to
the Point of Beginning, Section 24, Township 32, Range 26, Sherburne County, Minnesota.