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Memo to Board of Adjustments/V 98-6 <br /> July 28, 1998 <br /> Page 3 <br /> • applicant has been counting on for retirement. Furthermore, the applicant <br /> has paid assessments on the lot to prepare for the eventual sale of the lot. <br /> 2. The hardship is caused by special conditions and circumstances which are <br /> peculiar to the property. The property is only 75 feet wide and the <br /> minimum width in the Ric zone is 80 feet. Furthermore, 189th Street has <br /> become a pedestrian trail which wasn't the case when the lot was created. <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. Other residential properties in the <br /> neighborhood are set closer to the road right of way and may have <br /> received variances. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction because the City built the pedestrian <br /> trail which has denied the applicant driveway access to 189th Street. <br /> Furthermore, the lot was created with a 75 foot width which is less than <br /> the Ric zone minimum lot width. <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 because 189th is <br /> no longer used as a street, and the desired ten foot setback would allow <br /> ample space between the pedestrian trail and the proposed house. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments approve this request for a <br /> variance from the front yard building setback requirements for a corner lot <br /> based on the following findings: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE <br /> STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR <br /> APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE <br /> WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER <br /> PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS <br /> ORDINANCE. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> • CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br /> s:\planning\stevewen\pcmmo\v98-8.doc <br />