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4.1. BASR 08-26-1997
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4.1. BASR 08-26-1997
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Memo to the Board of Adjustments/V 97-6 <br /> August 26, 1997 <br /> Page 2 <br /> • The property is approximately 1 acre in area, level with woods in the rear. <br /> The woods will help screen the proposed garage from the adjacent properties. <br /> The applicant has included a petition signed by the neighbors in support of <br /> granting the variance. <br /> The applicant could construct a 20' X 22' garage and comply with the 1200 <br /> square foot maximum. However, a garage of this size, which is the size of a <br /> two car garage, would not be large enough to meet the applicant's needs. <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 /> Recommendation <br /> The applicant should provide some supporting information explaining why an <br /> additional 20' X 22' garage would not meet his needs. If the Board decides to <br /> grant this variance request, the following findings are offered in support of <br /> that determination: <br /> 1 LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT <br /> THE APPLICANT NEEDS THE ADDITIONAL SPACE FOR STORAGE AND TO USE FOR HIS <br /> HOBBIES. BECAUSE HIS HOBBIES INCLUDE TRAPPING AND TAXIDERMY, IT IS <br /> DESIRABLE TO HAVE A HEATED SPACE SEPARATE FROM THE HOUSE. <br /> \\elkriver\sys\shrdoc\planning\scott\v97-6.doc <br />
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