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Board of Adjustments Minutes <br /> August 23,2005 Page 2 <br /> Commissioner Stevens asked for clarification on the hardship finding relating to an auditor's <br /> subdivision. Ms.McPherson explained that in past history,the auditor could arbitrarily split <br /> a parcel of property and there were few restrictions or laws as to how this was done. <br /> Commissioner Stevens stated that he had no objection to the variance request and supported <br /> staff's recommendation. <br /> MOTION BY COMMISSIONER OFFERMAN, SECONDED BY <br /> COMMISSIONER STEVENS TO APPROVE THE REQUEST BY JIMMY <br /> RAIVALA FOR THE FOLLOWING VARIANCES: <br /> A. VARIANCE TO REDUCE THE REQUIRED LOT WIDTH FROM 100 FEET TO <br /> 45 FEET; <br /> B. LOT AREA VARIANCE TO REDUCE THE REQUIRED LOT AREA FROM <br /> 11,000 SQUARE FEET TO 10,330 SQUARE FEET; BASED ON THE <br /> FOLLOWING FINDINGS: <br /> 1. THE LITERAL ENFORCEMENT OF THIS ARTICLE WOULD CAUSE <br /> UNDUE (UNNECESSARY,UNAVOIDABLE, EXTREME) HARDSHIP. <br /> WITHOUT GRANTING THE VARIANCE,THE APPLICANT WOULD BE <br /> UNABLE TO SUBDIVIDE HIS PROPERTY. OTHER PROPERTIES OF <br /> SIMILAR SIZE IN THE SAME GENERAL VICINITY HAVE BEEN <br /> GRANTED A SUBDIVISION FOR TWO LOTS,THE MOST RECENT OF <br /> WHICH WAS LOCATED AT THE INTERSECTION OF TIPTON AND <br /> • UPLAND AVENUES SOUTH OF HIGHWAY 10. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES WHICH ARE PECULIAR TO THE LAND AND <br /> STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF <br /> OR APPLICABLE TO OTHER LANDS OR STRUCTURES IN THE SAME <br /> DISTRICT. <br /> THE APPLICANT'S PROPERTY IS UNIQUELY SHAPED AS A RESULT OF <br /> ITS BEING AN AUDITOR'S ADDITION AS WELL AS THE LOCATION OF <br /> UPLAND AVENUE,WHICH CREATES A NARROW LOT WIDTH AT THE <br /> INTERSECTION OF 5TH STREET. IN ADDITION,THE NEED FOR THE <br /> CITY TO ACQUIRE ADDITIONAL RIGHT OF WAY FOR THE <br /> RECONSTRUCTION OF UPLAND AVENUE CONTRIBUTES TO THE <br /> LOT'S SIZE. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ARTICLE <br /> WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY <br /> OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS <br /> OF THIS ARTICLE. <br /> LITERAL APPLICATION OF THE DIMENSIONAL REQUIREMENTS <br /> WOULD DEPRIVE THE APPLICANT OF THE OPPORTUNITY TO <br /> SUBDIVIDE HIS PROPERTY, SIMILAR TO OTHER PROPERTIES IN <br /> THIS SAME GENERAL NEIGHBORHOOD. AGAIN,STAFF REFERS TO <br /> • THE RECENTLY APPROVED SUBDIVISION AT TIPTON AND UPLAND <br /> AVENUES. <br />