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Memo to the Board of Adjustments/V 97-5 <br />July 22, 1997 <br />Page 2 <br /> <br />this. The golf balls are causing damage to the house and present a safety <br />hazard for the applicant. <br /> <br />The applicant approached the city and asked what would be required to <br />install the proposed net. They were informed that the net would be <br />considered a fence and was subject to the 8 foot height limitation. If they <br />wanted to go higher than 8 feet, a variance would be necessary. <br /> <br />The applicant is requesting that they be allowed to install a 25 foot high net <br />along the rear 80 feet of the west side property line. <br /> <br />There are other properties on the golf course in a similar situation. It is not <br />clear if it is as big a problem with the other properties as it is with the <br />applicant. <br /> <br />Variance <br /> <br />When considering a variance, the variance may be granted only if it meets <br />the following five conditions: <br /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <br /> <br />o <br /> <br />The hardship is caused by special conditions and circumstances which <br />are peculiar to the property and the structure involved and which are <br />not characteristic of, or applicable to, other lands or structure in the <br /> <br />same area. <br /> <br />o <br /> <br />The literal application of the provisions of this ordinance would <br />deprive the petitioner of rights enjoyed by other properties in the same <br />district under the terms of this ordinance. <br /> <br />o <br /> <br />The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <br /> <br />The variance will not be injurious to or adversely affect the health, <br />safety or welfare of the residents of the City or the neighborhood <br />where the property is located and will in keeping with spirit and intent <br />of the ordinance. <br /> <br />Board of Adiustment Meeting <br /> <br />At the Board of Adjustment meeting of July 22, 1997 no one spoke at the <br />public hearing. The Board had a lengthy discussion regarding the variance <br />application. The discussion centered on 2 issues, concern about other <br /> <br />\kelkriver\sys\shrdoc\planning\scottkv97-Scc-doc <br /> <br /> <br />