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Memo to Board of Adjustments/V 04-01 <br /> February 24,2004 <br /> Page 3 <br /> • 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. <br /> The special circumstance unique to this property is the fact that the front yard setback is <br /> measured from the right-of-way from 189th Street,which will probably never be <br /> constructed. <br /> S. The zetriancewill not be injurious to or ad rely affect the health,safety oruelfar?of the residents of the <br /> city or the neighlorhoodzehere the property is located and will be in keepingwith spirit and intent of the <br /> ordinance: <br /> The request would not adversely impact other properties in the vicinity. <br /> Shoreline Variance <br /> Attached is a memo from Rebecca Haug, Environmental Technician, outlining reasons for <br /> granting the shoreline variance. <br /> Recommendation <br /> Technically,staff feels the applicant does not meet all five criteria needed for granting a <br /> variance.However,the 30-foot front yard setback is intended to provide for a unified front <br /> yard along a street. In this case,the setback is being applied to a street right-of-way which,in <br /> • reality,will never be constructed. In the future it may be used for public access to the lake. <br /> The right-of-way really functions as a side yard between the applicant's property and the <br /> adjacent house. If it is viewed as a side yard,the applicant would comply with the required <br /> 10-foot side yard setback. <br /> The Building and Environmental Department recommends granting the variance to the 50- <br /> foot shoreline setback. <br /> • <br /> S:\PLANNING\Case Files\2004\V 04-01 Epshteyn\VO4-01PC3-23.doc <br />