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Board of Adjustments Minutes <br /> August 28,2001 <br /> Page 3 <br /> Commissioner Franz stated he visited the site and that there are a number of trees in the <br /> northwest portion of the property as well,which would need to be removed to construct a <br /> home. <br /> Commissioner Ropp felt that since the house foundation was 26 feet from the bluff,it was <br /> only 4 feet from meeting the ordinance and could support the request. Ms.McPherson <br /> restated that the porch is considered part of the structure according to the building code. <br /> COMMISSIONER MESICH MOVED APPROVAL OF THE REQUEST BY <br /> HENRY AND SHIRLEY HANSEN FOR A VARIANCE TO THE SHORELAND <br /> SETBACK, CASE NO. V 01-06, BASED ON THE FOLLOWING FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. THE HANSEN'S WOULD NOT ABLE TO BUILD THE TYPE <br /> OF HOME THEY NEED FOR HEALTHY LIVING,AND THAT A <br /> BASEMENT IS NECESSARY FOR LIVING IN THE AREA. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES,WHICH ARE PECULIAR TO THE PROPERTY AND <br /> THE STRUCTURE INVOLVED AND WHICH ARE NOT <br /> CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR <br /> STRUCTURE IN THE SAME AREA,AS FOLLOWS: <br /> • - POSITIONING OF THE HOME ON THE PROPERTY IS RELATED <br /> TO THE ELEVATION OF THE PROPERTY. <br /> -THE LOCATION CHOSEN BY THE APPLICANT FOR PLACEMENT <br /> OF THE HOME PROVIDES MINIMAL IMPACT ON THE <br /> SHORELAND. <br /> -THE MAJOR PORTION OF THE HOME WILL BE LOCATED AT A 26 <br /> FOOT SETBACK. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS <br /> ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS <br /> ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER <br /> THE TERMS OF THIS ORDINANCE. THERE APPEAR TO BE AT LEAST <br /> TWO OTHER HOMES IN THIS AREA WHICH HAVE SIMILAR <br /> SETBACKS. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br /> THE PROPERTY HAS BEEN OWNED THE APPLICANTS FOR 50 YEARS, <br /> AND THE EXISTING HOME WAS CONSTRUCTED BEFORE THE <br /> CURRENT ORDINANCE WAS IN EXISTENCE. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY <br /> AFFECT THE HEALTH,SAFETY OR WELFARE OF THE RESIDENTS OF <br /> THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS <br /> LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND INTENT OF <br /> • THE ORDINANCE. <br />