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3.1. BASR 07-22-1997
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3.1. BASR 07-22-1997
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7/22/1997
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Memo to the Board of Adjustments/V 97-5 <br /> July 22, 1997 <br /> Page 3 <br /> • 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH <br /> ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO, <br /> OTHER LANDS IN THE SAME AREA. <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.MANY OF THE NEIGHBORING PROPERTIES <br /> DO NOT SUSTAIN THE AMOUNT PROPERTY DAMAGE NOR HAVE THE SAME RISK OF <br /> INJURY FROM GOLF BALLS AS DOES THE APPLICANT. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE <br /> PETITIONER'S OWN ACTION OR INACTION.THE DAMAGE CAUSED BY THE GOLF <br /> BALLS AND RISK OF INJURY ARE NOT CAUSED BY ANYTHING THE APPLICANT DID OR <br /> DID NOT DO. <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 NEIGHBORHOOD WHERE THE <br /> PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE <br /> ORDINANCE. <br /> It is also recommended that the granting of this variance have the following <br /> condition: <br /> 1. IN ORDER TO MINIMIZE THE IMPACT ON THE ADJACENT PROPERTY,THE NET SHOULD <br /> • BE REMOVED DURING THE WINTER OR WHEN THE GOLF COURSE IS NOT IN <br /> OPERATION. <br /> • <br /> s:\planning\scott\y97-5.doc <br />
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