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Memo to the Board of Adjustments/V97-8 <br /> August 26, 1997 <br /> Page 3 <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 /> Y <br /> where the property is located and will in keeping with spirit and intent <br /> of the ordinance. <br /> Recommendation <br /> Staff believes that this request meets the 5 conditions required for granting <br /> a variance and recommends the Board of Adjustment approve this variance <br /> request of 10 feet to allow a garage addition based on the following findings: <br /> 1 LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT <br /> BY NOT ALLOWING THE 10 FOOT VARIANCE, EITHER THE ADDITION WOULD HAVE TO <br /> BE CONSTRUCTED IN A LESS COST EFFECTIVE MANNER OR THE APPLICANT WILL BE <br /> FORCED TO RELOCATE. <br /> • 2. THE LOCATION OF THE HOUSE IN THE NORTHWEST CORNER OF THE PROPERTY <br /> PROHIBITS THE CONSTRUCT OF AN ADDITION IN ANY LOCATION EXCEPT OFF OF THE <br /> SOUTH SIDE OF THE EXISTING GARAGE.THE HOUSE WAS IN THIS LOCATION WHEN IT <br /> WAS PURCHASED BY THE APPLICANT. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE <br /> THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT <br /> UNDER THE TERMS OF THIS ORDINANCE BECAUSE OTHER HOUSES IN THE AREA ARE <br /> MORE CENTRALLY LOCATED ON THEIR LOT AND HAVE ROOM FOR EXPANSIONS. <br /> 4. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, <br /> SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR NEIGHBORHOOD WHERE THE <br /> PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE <br /> ORDINANCE. LANDSCAPING AND DESIGN FEATURES CAN BE USED TO SOFTEN THE <br /> VISUAL IMPACTS ON THE NEIGHBORHOOD. <br /> • <br /> \\elkriver\sys\shrdoc\planning\scott\v97-8.doc <br />