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Memo to the Board of Adjustments/V 97-4 <br /> May 27, 1997 <br /> Page 2 <br /> • excavation of the hillside would be required and a portion of the patio would <br /> have to be removed. <br /> The situation on this lot is typical of the way that the neighboring lots were <br /> developed. The adjacent lot to the east, as well as one other lot on this short <br /> dead end, have garages that appear to encroach into the 5 foot side yard <br /> setback. <br /> The request to encroach into the 5 foot side yard setback will not adversely <br /> affect the appearance of the neighborhood. This lot, as well as other lots on <br /> Lookout Place, have garages that are close to the side lot line. <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 /> IPsame 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 /> Staff believes that the this request meets the five conditions required for <br /> granting a variance and recommend the Board of Adjustment approve this <br /> variance request to allow a 3 foot side yard setback for the purpose of <br /> rebuilding a detached garage based on the following findings. <br /> • 1. Literal enforcement of the ordinance will cause undue hardship in <br /> that the by requiring the applicant to comply with the existing side <br /> f:\shrdoc\planning\scott\v97-4.doc <br /> • <br />