3.1. BASR 07-22-1997 - Laserfiche WebLink

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Memo to the Board of Adjustments/V 97-5 July 22, 1997 Page 2 s The applicant approached the city and asked what would be required to install the proposed net. They were informed that the net would be considered a fence and was subject to the 8 foot height limitation. If they wanted to go higher than 8 feet, a variance would be necessary. The applicant is requesting that they be allowed to install a 25 foot high net along the rear 80 feet of the west side property line. Variance A variance may be granted only if it meets the following five conditions: 1. Literal enforcement of the ordinance will cause undue hardship. 2. The hardship is caused by special conditions and circumstances which are peculiar to the property and the structure involved and which are not characteristic of, or applicable to, other lands or structure in the same area. 3. The literal application of the provisions of this ordinance would . deprive the petitioner of rights enjoyed by other properties in the same district under the terms of this ordinance. 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the City or the neighborhood where the property is located and will in keeping with spirit and intent of the ordinance. Recommendation Staff believes that this request meets the 5 conditions required for granting a variance and recommends the Board of Adjustment approve this variance request to allow a 25 foot high net along the west property line of the applicant's property based on the following findings: 1 LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT BY NOT ALLOWING THE 25 FOOT HIGH NET THE APPLICANT WILL CONTINUE TO SUSTAIN PROPERTY DAMAGE AND RISK INJURY FROM GOLF BALLS. • s:\plan ning\scott\v97-5.doc