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Memo to the Board of Adjustments/V 99-2 <br /> March 23, 1999 <br /> Page 3 <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 because there are many non-conforming <br /> structures and properties in this area due to zoning code changes over the <br /> years. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction because the access drive is a <br /> requirement for health, safety and welfare. <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 the <br /> access drive is a city requirement and the widening will benefit the city. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments approve this request for a <br /> variance from the parking setback requirements based on the following <br /> 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 /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE <br /> HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE <br /> NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN <br /> KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. <br /> • <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-3 pc.doc <br />