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Memo to the Board of Adjustments/V 97-4 <br /> May 27, 1997 <br /> Page 3 <br /> • yard setback the applicant will have to excavate into the hillside, <br /> remove a portion of their patio and demolish part of the existing <br /> garage foundation. <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. The neighboring property <br /> has a garage with a similar setback as the one requested by the <br /> applicant. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. The garage's collapse was caused by <br /> the harsh winter and was 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 the neighborhood <br /> where the property is located and will in keeping with spirit and intent <br /> of the ordinance. <br /> • <br /> • <br /> \shrdoc\planning\scott\v9 7-4.doc <br />