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Memo to the Board of Adjustments/V 97-5 <br />July 22, 1997 <br />Page 4 <br /> <br /> OTHER LANDS IN THE SAME AREA. EVEN THOUGH THERE ARE OTHER PROPERTIES IN <br /> THE AREA WHICH ARE SUBJECT TO GOLF BALLS LANDING IN THEIR YARD, IT IS THE <br /> FREQUENCY AT WHICH IT HAPPENS TO THE APPLICANT'S PROPERTY THAT IS NOT <br /> CHARACTERISTIC OF THE OTHER LOTS. <br /> <br />THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE <br />THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT <br />UNDER THE TERMS OF THIS ORDINANCE. MANY OF THE NEIGHBORING PROPERTIES <br />DO NOT SUSTAIN THE AMOUNT PROPERTY DAMAGE NOR HAVE THE SAME RISK OF <br />INJURY FROM GOLF BALLS AS DOES THE APPLICANT. <br /> <br />THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE <br />PETITIONER'S OWN ACTION OR INACTION. THE DAMAGE CAUSED BY THE GOLF <br />BALLS AND RISK OF INJURY ARE NOT CAUSED BY ANYTHING THE APPLICANT DID OR <br />DID NOT DO. <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 NEIGHBORHOOD WHERE THE <br />PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE <br />ORDINANCE. <br /> <br />It is also recommended that the granting of this variance have the following <br />condition: <br /> <br />IN ORDER TO MINIMIZE THE IMPACT ON THE ADJACENT PROPERTY, THE NET SHOULD <br />BE REMOVED DURING THE WINTER OR WHEN THE GOLF COURSE IS NOT IN <br />OPERATION. <br /> <br />\\elkriver\sys\shrdoc\planning\scott\v97-5cc.doc <br /> <br /> <br />