04-11-2006 BA MIN - Laserfiche WebLink

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MOVED BY COMMISSIONER STEVENS AND SECONDED BY • COMMISSIONER WESTGAARD TO APPROVE THE VARIANCE REQUEST FOR CASE NO.V 06-02 BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. LITERAL ENFORCEMENT WOULD CAUSE UNDUE HARDSHIP,AS THE APPLICANT WOULD ONLY BE ABLE TO BUILD A HOME APPROXIMATELY 18-FEET IN DEPTH DUE TO REQUIRED FRONT YARD SETBACKS AND THE REQUIRED SETBACK FROM THE RIVER. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES,WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF,OR APPLICABLE TO,OTHER LANDS OR STRUCTURE IN THE SAME AREA.HARDSHIP IS CAUSED AS AN ADDITIONAL LAYER OF SETBACK REQUIREMENTS ARE IMPLEMENTED DUE TO THE RIVER. ALSO,THIS LOT WAS CREATED LONG BEFORE THE CURRENT ZONING REQUIREMENTS. BOTH OF WHICH ARE PECULIAR TO THIS PROPERTY. 3. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. • 4. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. THE PETITIONER WOULD BE DEPRIVED THE RIGHT OF BUILDING A HOME IN THE R1B ZONING DISTRICT. 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY,OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. THE REQUEST WOULD NOT ADVERSELY IMPACT OTHER PROPERTIES IN THE VICINITY.OTHER STRUCTURES WITHIN THE AREA HAVE VARYING ORIENTATIONS TO THE RIVER AND STREET AND THE PLACEMENT OF THIS HOUSE WOULD NOT AFFECT ANY SIGHT LINES. MOTION CARRIED 7-0. The Board of Adjustments recessed at 6:40 p.m. The Board of Adjustments reconvened at 9:10 p.m. 1111/