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The ordinance, for this property, allows only two detached accessory structures not to exceed 8,000 <br />square feet of total attached and detached accessory structures. <br />There are currently four structures totaling 14,876 sgft. <br />They are requesting four structures totaling 16,040 sgft. <br />APPLICABLE REGULATIONS <br />Based on a Supreme Court action in 2010, if a property can be used in a reasonable manner, a variance <br />should not be granted. The property has a reasonable use with the construction and occupanc3= of a <br />dwelling unit <br />Variance Criteria <br />7. Literal enforcement of the ordinance will cause undue hardshii~. <br />Literal enforcement will not cause undue hardship as the applicant has more accessory structures <br />than allowed by ordinance, even if the proposed building were removed. <br />2. The hardship is caused b~si~ecial conditions and circumstances which are~eculiar to the~~ erly and the structure <br />involved and aa~hich are not characteristic o~ or a~~licable to, other lands or structure in the same area. <br />There are no special conditions and circumstances that are peculiar to the property. <br />3. The sbecial condition r and circumstances are not a conseauence of the petitioner's oivn action or inaction. <br />There are no special conditions and circumstances to the property. <br />4. The literal a~lication of the~ro~risions o~this ordinance avould debrive the~etitioner o~rzghts enZoved by otherr~ierties <br />in the same district under the terms a~this ordinance. <br />The petitioner would not be deprived any rights, as they have existing accessory structures. <br />5. The variance avill not be injurious to or adversel~a~fect the health. sa~et7~ or zve~are of the residents o the city or the <br />neighborhood where the ~ro~er~is located and avill be in keebing with .r~irit and intent o~the ordinance. <br />The variance will not be injurious to or adversely affect the health, safety or welfare of the residents <br />of the city. <br />Based on the Supreme Court action, the requested variance should be denied. <br />N:\Departrnents\Communitp Development\planning\Case Files\Variance\V ll-Ol Hendrick\V 11-01_BA.doc <br />