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Habitat for Humanity/V 04-08 <br /> November 9,2004 Page 3 <br /> • 2. The hardship is caused by special conditions and circumstances, which are peculiar to the property and <br /> the structure involved and which are not characteristic of or applicable to, other lands or structure in the <br /> same area. <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 /> 4. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. <br /> 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the <br /> city or the neighborhood where the property is located and will be in keeping with spirit and intent of the <br /> ordinance. <br /> Variance to the Minimum Lot Size <br /> 1. Literal enforcement of the ordinance will cause undue hardship. <br /> Literal enforcement would not allow the applicant to subdivide the parcel and construct <br /> a single family residence. If the 3.63 acre parcel was undeveloped, there would not be a <br /> need for the variance. The applicant could create a 2.5 acre lot for the residence and <br /> leave a 1.13 acre commercial lot. <br /> 2. The hardship is caused by special conditions and circumstances, which are peculiar to the property and <br /> the structure involved and which are not characteristic of or applicable to, other lands or structure in the <br /> same area. <br /> The proposed lot is similar in size to the other lots in Mississippi Heights However,what <br /> is unique about this property is the fact that the it is currently part of a commercial lot <br /> with limitations about how the lot can be subdivided. The existing building restricts how <br /> the lot can be split and prevents the proposed lot from complying with the 2.5 acre <br /> minimum lot size.. <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 /> The literal application of this ordinance would deprive the applicant of rights enjoyed by <br /> other properties in this area. Other lots of similar size and dimensions have been <br /> developed. <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 lot is part of an odd <br /> shaped commercial lot with a building on it. Because of the existing building, the lot can <br /> not be subdivided in a manner that will comply with the 2.5 acre minimum lot size <br /> requirement. <br /> • <br /> S:\PLANNING\Case Files\2004\V 04-08 Sunrise Park\V0408BA11-9.doc <br />