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Memo to the Board of Adjustments/V 99-6 <br /> April 27, 1999 <br /> Page 3 <br /> • The applicant sites financial reasons and other non-conforming setbacks in <br /> the neighborhood for justification of the variance (See the applicants attached <br /> letter). <br /> A) Staff recommends denial of the variance from the front yard setback, <br /> because 3 of the 5 criteria for granting a variance cannot be met. The <br /> reasons are as follows: <br /> 1. Staff believes that the Literal enforcement will not cause undo <br /> (unnecessary, unavoidable, extreme) hardship. The applicant knew the <br /> setbacks prior to building his horse barn and has the choice of setting the <br /> house back from the road to conform with city ordinances <br /> 2. Staff believes that the hardship is not caused by special conditions and <br /> circumstances which are peculiar to the property or structure involved <br /> because the house can be built at the proper setbacks. <br /> 3. The applicant is correct that the literal application of the provisions of <br /> this ordinance would deprive him of rights enjoyed by other properties in <br /> the same district under the terms of this ordinance if the other properties <br /> nearby are non-conforming in regards to setbacks. <br /> 4. Staff believes that there are no special conditions and circumstances and <br /> that the need for a variance is a consequence of the petitioner's own action <br /> or inaction the applicant has known the setbacks all along and provided <br /> the city a site plan conforming to the setbacks. The applicant had an <br /> opportunity to research the costs associated with the specific septic or <br /> construction necessary to build his house. <br /> 5. Staff believes the variance will not be injurious to or adversely affect the <br /> health, safety or welfare of the residents of the city or the neighborhood as <br /> long as other structures are already non-conforming. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments deny this request for a <br /> variance from the front yard setbacks because the applicant cannot meet the <br /> following 3 of the 5 required criteria for granting a variance: <br /> 1. Staff believes that the Literal enforcement will not cause undo <br /> (unnecessary, unavoidable, extreme) hardship. The applicant knew the <br /> setbacks prior to building his horse barn and has the choice of setting the <br /> • house back from the road to conform with city ordinances <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-6.doc <br />