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Memo to the Board of Adjustment/V 97-2 Page 3 <br /> April 22, 1997 <br /> • 5. The variance will not be injurious to or adversely affect the health, safety <br /> or welfare of the residents of the City or the neighborhood where the <br /> property is located and will in keeping with spirit and intent of the <br /> 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 15 foot rear yard setback for the purpose of <br /> constructing a porch/deck based on the following findings. <br /> 1. Literal enforcement of the ordinance will cause undue hardship in that the <br /> house was constructed when the rear yard setback was 10 feet. The house <br /> was setback further than it had to be and could have complied with the rear <br /> setback requirements applicable at the time the house was constructed. If the <br /> house was built at the minimum front yard setback, the home, including the <br /> proposed deck, could meet the rear yard setback currently in effect. <br /> 2. The hardship is caused by special conditions and circumstances which are <br /> peculiar to the property and the structure involved and which are not <br /> • characteristic of, or applicable to, other lands or structure in the same area. <br /> The problem is peculiar to this lot in that the other homes on this cul de sac <br /> that have decks had the decks constructed at the time the home was built <br /> and were built on lots that are deeper than the applicant's. <br /> 3. The literal application of the provisions of this ordinance would deprive the <br /> petitioner of rights enjoyed by other properties in the same district under the <br /> terms of this ordinance. Of the 7 other homes on this cul de sac, 6 of them <br /> have decks/porches attached to the rear of the house. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. The house was located on the lot in such a <br /> way that it would comply with the setback requirements in effect at the time <br /> the house was constructed. After the home was constructed, the city <br /> increased the rear yard setback. <br /> 5. The variance will not be injurious to or adversely affect the health, safety <br /> or welfare of the residents of the City or the neighborhood where the <br /> property is located and will in keeping with spirit and intent of the <br /> ordinance. . <br /> 111 <br /> s:\planning\scott\v97-2.doc <br />