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Case File:V 06-04 <br /> Page 3 <br /> 111 The hardship is caused by the special conditions peculiar to the site,which is that the existing <br /> structure is already non-conforming. <br /> 3. The special conditions and circumstances are not a consequence of the petitioner's own action or inaction. <br /> The special conditions are not a consequence of the petitioner's own action, as the structure was <br /> in existence when the applicant purchased the property. <br /> 4. The literal application of the provisions of this ordinance would deprive the petitioner of rights enjoyed by other <br /> properties in the same district under the terms of this ordinance. <br /> The applicant would not be able to protect their investment with a structure as other properties <br /> in the area would be able to. <br /> 5. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or <br /> the neighborhood where the property is located and will be in keeping with spirit and intent of the ordinance. <br /> The request would not adversely impact other properties in the vicinity. It will improve the <br /> welfare of neighbors by reducing noise and dust. <br /> Staff is recommending approval of the request as the slight increase in height over what currently <br /> exists on the site would be negligible and with the enclosure of the plant,it will reduce the noise and <br /> • dust generated by the facility. <br /> Recommendation <br /> Staff recommends that the Board of Adjustments approve the request to allow the precast structure <br /> to be 10-feet higher than the maximum allowed height (a 10-foot variance) with the following <br /> conditions: <br /> 1. The building shall not exceed 70-feet in height. <br /> 2. The precast concrete panels be integrally colored and/or exposed. <br /> • <br /> S:\PLANNING\Case Files\2006\Variance\V 06-04 Gemstone\V 06-04_BA.doc <br />