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Memo to Board of AdjustmentsN 00-3 Page 3 <br /> August 22,2000 <br /> • The literal application of the provisions of this ordinance would deprive the <br /> petitioner of rights enjoyed by other properties in the same district under the <br /> terms of this ordinance. The applicant feels that other properties the in the district <br /> pp p p <br /> that are the same size are able to subdivide their property. The granting of the <br /> variance would allow her to do the same. <br /> The special conditions and circumstances are not a consequence of the <br /> petitioner's own action or inaction. The configuration of the lot and the road <br /> frontage have not changed since the applicant bought the property. The zoning <br /> code has changed since the applicant bought the property in 1969. At that time <br /> property owners were able to subdivide the property as long as an easement was <br /> provided. <br /> The variance will not be injurious to or adversely affect the health, safety or <br /> welfare of the residents of the City or the neighborhood where the property is <br /> located and will in keeping with spirit and intent of the ordinance. The granting of <br /> the variance would not be injurious or adversely affect the neighborhood. Each <br /> lot would have frontage on a city street; each lot would have adequate <br /> emergency access and each lot would be able to meet or exceed the other <br /> dimensional requirements of the zoning district. <br /> Recommendation <br /> • Staff recommends the Board of Adjustment grant the variance request to allow <br /> lot width of less than 300 feet based on the following findings: <br /> 1. Literal enforcement of the ordinance will cause undue hardship. The <br /> literal enforcement of the ordinance will cause an undue hardship in <br /> that a road will have to be constructed in order to meet the minimum lot <br /> width requirements. Each of the lots will exceed 300 feet wide, just not <br /> measured at the 50 foot front setback line. <br /> 2. The hardship is caused by special conditions and circumstances which <br /> are peculiar to the property and the structure involved and which are <br /> not characteristic of, or applicable to, other lands or structure in the <br /> same area. The site is unique in that it is located at an L-shaped <br /> intersection with 66 feet of frontage. There is no opportunity to create <br /> additional frontage other than construct a road. The existing frontage is <br /> adequate for two homes. <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 the in the district <br /> that are the same size are able to subdivide their property. The <br /> • granting of the variance would allow her to do the same. <br /> S:\PLANNING\SCOTT\V00-3.DOC <br />