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Memo to Board of Adjustments <br /> March 26,2002 <br /> Page 3 <br /> • Literal application of the ordinance provisions would not deprive the petitioner of rights <br /> enjoyed by other properties in the same district under the terms of this ordinance. The <br /> applicant has an option to comply with the setback requirement or to reduce the level of <br /> encroachment. <br /> The applicant was aware of the garage size at the time of purchase. <br /> The request could adversely impact other properties in the vicinity. Drainage,normally <br /> within the five foot setback area, would be on the neighbor's property. Trees along the <br /> property line will be adversely affected due to do construction,regardless of which property <br /> they are located on. <br /> Recommendation <br /> Staff recommends that Board of Adjustments deny the request to allow a variance to build <br /> within the five foot Side Yard Setback, as there is an alternative design that could work <br /> within the required setbacks. <br /> • <br /> S:\PLANNING\Case Files\V 02-02 Turner\V02-02.DOC <br />