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Memo to Board of Adjustments/V 99-12 <br /> September 28, 1999 <br /> Page 4 <br /> • Recommendation <br /> Staff recommends the Board of Adjustment grant this variance request to the <br /> shoreline setback to allow a 130 foot setback from Pintail Pond based on the <br /> following findings: <br /> 1. Literal enforcement of the ordinance will cause undue hardship in that <br /> the applicant would not be able to construct their house. <br /> 2. The hardship is caused by special conditions and circumstances that <br /> are particular to the property and the structure involved which are not <br /> characteristic of, or applicable to, other lands or structures in the same <br /> area. <br /> 3. The literal application of the ordinance would deprive the petitioner of <br /> rights enjoyed by other properties in the same district under the terms <br /> of this ordinance. Other properties have houses that do not comply <br /> with the 150 foot setback. <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 <br /> of the design of the lot and the approved plat. <br /> 5. The granting of the variance will not be injurious to or adversely affect <br /> the health, safety or welfare of the residents of the City or the <br /> neighborhood where the property is located and will be in keeping with <br /> the spirit and intent of the ordinance. <br /> 6. The granting of the variance is needed for reasonable use of the <br /> property. <br /> 7. The variance is not being requested solely on the basis of economic <br /> considerations. <br /> 8. The proposed house would be in character with the surrounding <br /> properties. <br /> • <br /> S:\PLANNING\SCOTTW99-12.DOC <br />