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Memo to Board of Adjustments/V 97-15 <br /> September 30, 1997 <br /> Page 2 <br /> • The property is located across County Road 13 from the development <br /> proposed for the Wade 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 /> Variance <br /> A variance may be granted only if it meets the following five conditions: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> 2. 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 /> 3. 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 /> • 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. <br /> 5. 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 /> The applicant did not indicated in his letter what hardship he would suffer if <br /> the variance was not granted, what special conditions or circumstances <br /> are peculiar to the property which are not characteristic of, or <br /> applicable to, other lands or structure in the same area or show that <br /> the special conditions are not a consequence of his actions. <br /> The applicant did indicate that the farm across the street has metal pole <br /> buildings and exceeds the 1200 square foot maximum allowed for accessory <br /> buildings. The proposed addition and the existing structure are not visible <br /> from the road or other properties and should not adversely affect the <br /> neighborhood. <br /> ID <br /> \\elkriver\sys\shrdoc\planning\scott\v97-15.doe <br />