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Board of Adjustments Minutes <br /> September 24,2002 <br /> Page 3 <br /> TO REDUCE THE SETBACK FROM 35 FEET TO 21 FEET, BASED ON THE <br /> • FOLLOWING FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. <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. <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. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <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 /> • AND WITH THE FOLLOWING CONDITIONS: <br /> 1. THE VARIANCE SHALL ONLY APPLY TO THE NORTH FRONT <br /> PROPERTY LINE. <br /> 2. THE PORTION OF THE DECK ENCROACHING INTO THE TYPICAL 35- <br /> FOOT SETBACK SHALL NOT BE CONVERTED TO A THREE/FOUR <br /> SEASON PORCH OR AN ADDITION TO THE HOME. <br /> COMMISSIONER ROPP SECONDED THE MOTION. THE <br /> MOTION CARRIED 5-0. <br /> 3.2. Request by Deanna and DeWayne Leseman for Rear Yard Setback Variance,Public Hearing <br /> — Case No.V 02-05 <br /> Staff report by Chris Leeseberg. The applicants request a variance to reduce the rear yard <br /> setback from 20 feet to 10 feet in order to allow the construction of two decks. Mr. <br /> Leeseberg reviewed request and the five findings necessary for granting a variance. He <br /> stated that staff has provided an Option A as an alternative for the Commission to consider <br /> which would reduce the rear yard setback to 15 feet rather than 10 feet,as requested by the <br /> applicant. <br /> Commissioner Jenson stated that it appeared in the photographs that the house next door is <br /> also located at the setback. Mr. Leeseberg stated that the photos may be somewhat <br /> deceiving but it does appear that the back of the deck follows the setback. <br /> S <br />