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<br />Memo to the City CounciW 99-6 <br />May 17, 1999 <br />Page 3 <br /> <br />. <br /> <br />5. The variance will not be injurious to or adversely affect the health, safety <br />or welfare of the residents of the city or the neighborhood where the <br />property is located and will in keeping with spirit and intent of the <br />ordinance. <br /> <br />The applicant sites financial reasons and other non-conforming setbacks in <br />the neighborhood for justification of the variance (See the applicants attached <br />letter) . <br /> <br />A) Staff recommends denial of the variance from the front yard setback, <br />because 3 of the 5 criteria for granting a variance cannot be met. The <br />reasons are as follows: <br /> <br />1. Staff believes that the Literal enforcement will not cause undo <br />(unnecessary, unavoidable, extreme) hardship. The applicant knew the <br />setbacks prior to building his horse barn and has the choice of setting the <br />house back from the road to conform with city ordinances <br /> <br />2. Staff believes that the hardship is not caused by special conditions and <br />circumstances which are peculiar to the property or structure involved <br />because the house can be built at the proper setbacks. <br /> <br />. 3. The applicant is correct that the literal application of the provisions of <br />this ordinance would deprive him of rights enjoyed by other properties in <br />the same district under the terms of this ordinance if the other properties <br />nearby are non-conforming in regards to setbacks. <br /> <br />4. Staff believes that there are no special conditions and circumstances and <br />that the need for a variance is a consequence of the petitioner's own action <br />or inaction the applicant has known the setbacks all along and provided <br />the city a site plan conforming to the setbacks. The applicant had an <br />opportunity to research the costs associated with the specific septic or <br />construction necessary to build his house. <br /> <br />5. Staff believes the variance will not be injurious to or adversely affect the <br />health, safety or welfare of the residents of the city or the neighborhood as <br />long as other structures are already non-conforming. <br /> <br />Board of Adiustments <br /> <br />. <br /> <br />At the public hearing held on March 23, 1999, no one from the public spoke <br />for or against this item. The Board of Adjustments, although sympathizing <br />with the applicant and agreeing that the request was reasonable, could not <br />find hardship to justify this request. <br /> <br />\\elkriver\sys\shrdoc\pl anning\stevewen \ccmmo \v99-6cc. doc <br />