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Memo to the Board of Adjustments/V 99-10 <br /> August 24, 1999 <br /> Page 4 <br /> • Recommendation <br /> Staff recommends that the Board of Adjustments approve this request for a 5 <br /> foot variance from the 10 foot minimum setback from the property line and <br /> an 8 foot variance from the minimum distance from any structure so the <br /> applicant can construct a new septic system based on the following five <br /> 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 /> 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 /> 11111 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 IN <br /> KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. <br /> • <br /> \\elkriver\sys\shrdoc\planning\stevewen\pcmmo\v99-10.doc <br />