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Memo to the Board of Adjustments/V 97-5 <br />July 22, 1997 <br />Page 3 <br /> <br />properties with the same situation and that by living on a golf course there is <br />a reasonable expectation that golf balls will be hit on to your property. <br /> <br />There was some concern expressed that by granting the variance for this <br />property that other property owners will also request similar variances. Since <br />this situation occurs on other lots within this area, the Board felt that this <br />request did not meet the criteria for granting a variance which reads, "the <br />hardship is caused by special conditions and circumstances which are <br />peculiar to the property and the structure involved and which are not <br />characteristic of, or applicable to, other lands or structure in the same area." <br /> <br />The second issue that was discussed related to the fact that by buying <br />property and building a home on a golf course you have to expect that golf <br />balls will be hit on to your property. Because the Board thought that the <br />applicant should have known or expected that golf balls would hit their <br />property, they felt that this request did not meet the criteria which reads, <br />"the special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction." <br /> <br />The Board of Adjustment voted to deny the variance request; they did not feel <br />that the applicant met the following criteria: <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 />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 />The special conditions and circumstances are not a consequence of the <br />petitioner's own action or inaction. <br /> <br />Recommendation <br /> <br />If the City Council decides to grant this variance request, the following <br />findings are offered in support of granting the variance: <br /> <br />LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT <br />BY NOT ALLOWING THE 2.5 FOOT HIGH NET THE APPLICANT WILL CONTINUE TO <br />SUSTAIN PROPERTY DAMAGE AND RISK INJURY FROM GOLF BALLS. <br /> <br />THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH <br />ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO, <br /> <br />\ \elkriver\sys \shrdoc \planning\scott \ v97-5cc.doc <br /> <br /> <br />