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Memo to the Board of Adjustments/V 99-7 <br /> June 22, 1999; <br /> Page 3 <br /> • 1. Staff believes that the Literal enforcement will cause undo (unnecessary, <br /> unavoidable, extreme) hardship because constructing a garage to conform <br /> with the ordinance would restrict normal use of the back yard and block <br /> views to the lake from the yard and house and effecting the character of <br /> the property. <br /> 2. Staff believes that the hardship is caused by special conditions and <br /> circumstances which are peculiar to the property or structure involved <br /> because the property was platted and the house constructed prior to the <br /> present ordinance requiring two front yard setbacks. The property is only <br /> 66 feet wide, rather than the 100 feet required of corner lots in new <br /> subdivisions. <br /> 3. The literal application of the provisions of this ordinance would deprive <br /> the applicant of rights enjoyed by other properties in the same district <br /> under the terms of this ordinance because Lots 1 and 2, Block 1, Heath's <br /> Addition have structures setback closer to the right-of way than allowed <br /> by ordinance. Also, other properties have normal use of their properties <br /> with unobstructed views to the lake. <br /> 4. The special conditions and circumstances are not a consequence of the <br /> • petitioner's own action or inaction. The existing garage needs to be <br /> replaced, and a new two car garage is the current building standard. <br /> There are no alternative locations for a garage except one that infringes <br /> on the other normal uses of the property including having a view, deck, <br /> and an open area. <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 their <br /> are other structures are already non-conforming and the proposed location <br /> is more in line with the current ordinance than what exists at present. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments approve this request for a <br /> 15 foot variance from the front yard setbacks because the applicant meets the <br /> following five conditions for granting a variance: <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 /> s:\planning\stevewen\pcmmo\v99-7.doc <br />