Laserfiche WebLink
Memo to Mayor and City Council/V 98-5 <br />July 13, 1998 <br />Page 4 <br /> <br />3. The applicant failed to show the literal application of the provisions of <br /> this ordinance would deprive the petitioner of rights enjoyed by other <br /> properties in the same district under the terms of this ordinance. <br /> <br />The applicant failed to show the special conditions and circumstances <br />are not a consequence of the petitioner's own action or inaction. <br /> <br />Recommendation <br /> <br />The following findings are offered in support for a decision denying the <br />applicant's variance request to the setback requirement for antenna towers: <br /> <br />The applicant failed to show that the literal enforcement of the <br />ordinance will cause undue hardship. <br /> <br />The applicant failed to show the hardship is caused by special <br />conditions and circumstances which are peculiar to the property and <br />the structure involved and which are not characteristic of, or <br />applicable to, other lands or structure in the same area. <br /> <br />The applicant failed to show the literal application of the provisions of <br />this ordinance would deprive the petitioner of rights enjoyed by other <br />properties in the same district under the terms of this ordinance. <br /> <br />The applicant failed to show the special conditions and circumstances <br />are not a consequence of the petitioner's own action or inaction. <br /> <br />Should the Council decide to approve the applicant's variance request, the <br />following findings are offered in support of that determination: <br /> <br />Literal enforcement of the ordinance will cause undue hardship in <br />that the tower is designed to collapse on itself not fall over and <br />compliance with the setback requirement would place the tower in the <br />middle of the property which would interfere with reasonable use of <br />the property. <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. The hardship is particular to the land and structure <br />involved in that the property is only 280 feet wide which does not allow <br />any location on the site to meet the 150 foot setback. <br /> <br />\\elkriver\sys\shrdoc\planning\scott\v98-5cc.doc <br /> <br /> <br />