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Memo to Board of Adjustments <br /> March 26,2002 <br /> Page 3 <br /> 5. The variance will not be injurious to or adversely affect the health,safety or welfare of <br /> the residents of the city or the neighborhood where the property is located and will be in <br /> keeping with spirit and intent of the ordinance. <br /> Literal enforcement would require the applicant to build a shed in a location that is not <br /> accessible or would create aesthetic impacts to the subject or neighboring properties. <br /> The hardship is caused by special conditions and circumstances,which are peculiar to the <br /> property. Due to steep,vegetated slopes and wetland areas,the site has few buildable areas. <br /> The literal application of the provisions of this ordinance would deprive the petitioner of <br /> rights enjoyed by other properties in the same district under the terms of this ordinance. <br /> Other properties have been able to construct accessory structures as allowed by the <br /> ordinance. <br /> The special conditions and circumstances are not a consequence of the petitioner's own <br /> action or inaction. The house was placed where it is by a previous owner. <br /> The request would not adversely impact other properties in the vicinity. <br /> Recommendation <br /> Staff recommends that Board of Adjustments grant a variance to allow a pottery shed/studio <br /> to be within the 35 foot Front Yard Setback and within the 20 foot Side Yard Setback. <br /> I <br /> S:\PLANNING\Case Files\V02-03 Willoughby\V02-03.DOC <br />