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Memo to Board of Adjustments/V 99-4 <br /> May 25, 1999 <br /> Page 4 <br /> • 1. Literal enforcement of the ordinance will cause undue hardship in that <br /> the applicant will not be able to construct a garage. <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 <br /> area. <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 properties in the district have <br /> garages that do not comply with current setback requirements <br /> 4. The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. The special conditions are a result of <br /> the placement of the house on the property. <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 /> • 6. The zoning code requires a garage with new single family. It is staffs <br /> belief that a garage is needed for reasonable use of this property. <br /> 7. The variance is not being requested solely on the basis of economic <br /> considerations. The applicant, as well as most residents in single family <br /> homes, have a need for a garage. <br /> 8. The proposed garage would be in character with the surrounding <br /> properties. <br /> • <br /> S:\PLANNING\SCOTTW99-4.DOC <br />