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4.4. BASR 08-26-1997
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4.4. BASR 08-26-1997
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City Government
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BASR
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8/26/1997
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Memo to the Board of Adjustments/V 97-9 <br /> August 26, 1997 <br /> Page 2 <br /> • The property on which the structure will be located is part of Island View <br /> 4th Add.; a 4 lot residential subdivision approved in April. It is a 8.68 acre lot <br /> with frontage on 192nd Avenue ( County Rd. 35).The applicant's house is <br /> located on a parcel directly south of the lot on which the proposed structure <br /> will be located. The applicant is planning on combining the 8.68 acre parcel <br /> with the one that his house is on. Once the lots are combined, he will have a <br /> 14.24 acre lot. He has to combine the lots because the lot on which he would <br /> like to build the accessory structure does not have a principle structure. If the <br /> Board should decide to grant the variance request, a condition of the approval <br /> should be that the lots are combined prior to the issuance of a building <br /> permit. <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 /> In his letter the applicant indicates that he needs the 50 ` X 80' pole building <br /> to store recreation and construction equipment. He also states that the <br /> reason he needs to construct the pole barn is because the soils are not <br /> suitable for a conventional stick frame structure. His main point seems to be <br /> that the requirements for maximum square feet for accessory structure <br /> should be based solely on the size of the lot, not on what the property is <br /> zoned. By differentiating between the R1a and the R1b districts, he feels the <br /> • residents that own larger lots that are zoned R1b are treated differently and <br /> that is unfair. <br /> \\elkriver\sys\shrdoc\planning\scott\v97-9.doc <br />
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