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Memo to Board of Adjustments <br /> November 26,2002 <br /> Page 3 <br /> 3. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by <br /> other properties in the same district under the terms of this ordinance <br /> With significant tree removal,the applicant would not be deprived of right enjoyed by <br /> others. <br /> 4. The special conditions and circumstances are not a wnsequence of the petitioner's ozen action or inaction. <br /> Although the homeowner is responsible to make sure the design/purchase of a home <br /> will fit their needs currently as well as for the future,the extent of trees and location of <br /> the well limit the areas to be used to construct a garage or to add on to the existing <br /> garage. <br /> 5. The varumcewill not be injurious to or adrersely affect the health,safety orzeelfare of the residents of the <br /> city or the neighborhooel ubere the property is located and will be in keepingwith spirit and intent of the <br /> orzlinaruz <br /> The request would not adversely impact other properties in the vicinity. <br /> Recommendation <br /> A variance will be required either with the applicant's proposal or with Option A. Neither <br /> option will adversely affect the health, safety or welfare of the residents of the city or the <br /> neighborhood. Staff recommends that Board of Adjustments approve reduction of the <br /> front yard setbacks from 35-feet to 23-feet on the Lowell Street side and from 35-feet to 18- <br /> feet on the 198th Avenue side. <br /> S:\PLANNING\Case Files\V 02-08 Pertl\V02-08.DOC <br />