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4. BASR 08-14-2007
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4. BASR 08-14-2007
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3/14/2008 9:35:48 AM
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1/25/2008 10:27:13 AM
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City Government
type
BASR
date
8/14/2007
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Robert and Heidi Anderson <br />13800 189th Ave NW <br />Variance Criteria <br />z. Literal enforcement of the ordinance will cause undue <br />hardship. <br />Literal enforcement would not allow for a garage on the property. <br />a. The hardship is cause by special conditions and circumstances, <br />which are peculiar to the property and the stricture involved <br />and which are not characteristic of, or applicable to, other <br />lands in the same area. <br />The hardship is caused by special conditions and circumstances, which are <br />peculiar to the property. This property is a third of an acre, but is zoned in <br />such a way that is more appropriate for the acre lots in the surrounding <br />neighborhood. Added to this, it has very limited buildable area due to the <br />septic drainage field setback. Also, the development in which the property <br />is located is an older established neighborhood. Since many of the <br />structures in the neighborhood were built, there may have been ordinance <br />changes, as there are other structures in the area that severely encroach <br />the current front yard setback requirements. (See neighborhood photos). <br />g. The special conditions and circumstances are not a <br />consequence of the petitioner's own action or inaction. <br />The conditions are not a consequence of the petitioner's own action or <br />inaction. All structures, including the septic drainage field, were present <br />when the property was purchased. <br />4. The literal application of the provisions of this ordinance <br />would deprive the petitioner of rights enjoyed by other <br />properties in the same district under the terms of this <br />ordinance. <br />Without a front yard variance, the property could not construct a garage <br />which would meet the city's minimum requirement. The variance would <br />not establish inconsistency with the neighborhood character. <br />5. The variance will not be injurious to or adversely affect the <br />health, safety or welfare of the residents of the city or the <br />neighborhood where the property is located and will be in <br />keeping with spirit and intent of the ordinance. <br />The request will not be injurious to or adversely affect the health, safety or <br />welfare of the residents of the city or the neighborhood where the property <br />is located. In fact, property owner's vehicles will no longer be parked in <br />close proximity to the road at the "T" of Pascal Street NW and i89~ Ave <br />NW. (See photo). <br />
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