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<br />Memo to the City CouncilN 99-6 <br />May 17,1999 <br />Page 4 <br /> <br />. <br /> <br />Recommendation <br /> <br />Staff and the Board of Adjustments recommend that the City Council deny <br />this request for a variance from the front yard setbacks because the applicant <br />cannot meet the following 3 of the 5 required criteria for granting a variance: <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 />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 with 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 />. <br /> <br />. <br /> <br />\ \elkriver\sys\shrdoc\planning\stevewen \ccmmo \ v99-6cc. doc <br />