4.1. BASR 10-22-2002 - Laserfiche WebLink

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• The literal enforcement of the ordinance would cause undue hardship. Enforcement of the current ordinance would not allow for any modest sized four season porch. • That the hardship is caused by special conditions and circumstances which are peculiar to the land and the structure involved and which are not characteristic of or applicable to other lands or structures in the same district. The structure in question is located abnormally close to the rear of the property, i.e. the property line, which in turn causes a hardship to the applicable addition. • That the literal application of the provisions of the Ordinance would deprive the applicant of rights enjoyed by other properties in the same district under the terms of the Ordinance. The four season porch would not be practical added to any other side of the house. The east side is too close to the setbacks as well, is on a fairly steep slope with many mature trees. The west side is where the bedrooms and a bathroom are located. You would have to go through a bedroom or bathroom to get to an addition on that side. The front or the south side is where the entrance, another side of a bedroom and the garage is located. The hoped for location in the back or north side of the house is a walkout where the family room is located. We would be unable to locate it on this side • of the house where the setbacks are farther away as the septic line comes out of the house in that location. Other property owners in the area are able to have their four season porches in practical locations. • That the special conditions and circumstances are not a consequence of the petitioner's own action or inaction. The house was built in 1971,we have owned the house since 1995 in its current state and had no input on the design nor location of the house. • That the variance will not be injurious to or adversely affect the health, safety, or welfare of the City or the neighborhood wherein the property is situated and will be in keeping with the spirit and intent of the Ordinance. This variance for a four season porch will not in any way be injurious or affect the health, safety or welfare to the City or neighborhood residents, and if the addition is built will still be within the bounds of the property which is what the spirit and intent of the ordinance set out to achieve. The adjoining lot in the back of the property is an outlot, the back of the house is a walkout and as it slopes down the sides to the lower level is barely visible to any neighbor.