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Application by Custom Pools for Variance ( 601 Excelsior Ave E.)0 0 August 18, 1981 Case No: 81 -36 Applicant: Custom Pools Location: 601 Excelsior Avenue East Request: Five foot side yard variance STAFF FINDINGS COMMENTS: Rafferty Kerrigan 1. The applicant has requested a five foot variance in conjunction with a request for a Conditional Use Permit. The applicant stated his need for that variance is based on the unusual lot line shape on the side yard. 2. The area requires a 10 foot side yard setback in the B -3 District on County Roads. It should be noted that the proposed structure exceeds the sideyard requirement at the front and rear of the structure. 3. Ordinance 427.23(3) states that when issuing a variance the commission when formulating a decision shall find that the literal enforcement of the zoning ordinance would cause an undue hardship because of circum- stances unique to the individual property. 0 Cr s July 14, 1981 Planning Commission City of Hopkins Hopkins, MN 55343 RE: Variance request by Custom Pools, Inc. Gentlemen: Please be advised that I have no objection to the above variance request. Glen C. Brand