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Memo to Mayor and City Council/V 97-15 <br />October 20, 1997 <br />Page 2 <br /> <br />The existing detached garage and proposed addition are not visible from the <br />road or adjacent properties. They are screened from view by a stand of trees. <br />The applicant stated that the additional space was needed for his <br />woodworking hobby and storage. <br /> <br />The property is located across County Road 13 from the development <br />proposed for the Waddy Schultz property. There have also been inquiries <br />about developing the adjacent properties to the west and south. The <br />applicant's property may seem quite rural at this time; however, since the <br />property is within the urban service area, that characteristic is likely to <br />change. <br /> <br />Variance <br /> <br />A variance may be granted only if it meets the following five conditions: <br /> <br />1. Literal enforcement of the ordinance will cause undue hardship. <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 />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 />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 />The applicant indicated that his hardship would be that he would not be able <br />to store his property inside. By keeping it outside it could be easily damaged. <br />He felt that the special condition is that the property is 5 acres in size and <br />the location of the building is not visible to the neighbors. He felt that with <br />the larger lot he could easily accommodate and should be allowed more than <br />1200 s.f. of accessory building space. He felt that he would be denied rights <br />enjoyed by others in that the farm across the street has large pole buildings, <br />the farm at the corner of Tyler St. and County Rd. 13 has 3 large pole <br />buildings, a house 1/4 mile south has 2 pole buildings and Industrial <br /> <br />\\elkriver\sys\shrdoc\planning\scott\v9715cc.doc <br /> <br /> <br />