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Case File: V 08-03 Page 3 Thomas Bamford 2. The hardshib is caused by sbecial conditions and circumstances which are~eculiar to the~ro~erty and the structure involved and which are not characteristic o~ or aDt~licable to, other lands or structure in the same area. The special conditions and circumstances peculiar to the property axe the lot sizes that were created though the previous variance process. The ordinance establishes a well defined system of size to lot ratios. 3. The .r~iecial conditions and circumstances are not a consequence of the petitioner's oavn action or inaction. The conditions of the property are a result of the City approving a lot size variance, upon the request by the original owner/developer just the aggregate size. 4. The literal a~~lication o the~irovisions o~this ordinance would derive the~etitioner o,{riQhts en~o~ed b oy ther properties in the same district under the terms of this ordinance. The literal application of the provisions of this ordinance would not deprive the petitioner of rights enjoyed by other properties as the applicant can build accessory structures. 5. The variance will not be injurious to or adversely a~fect the health, safety or avel are of the residents o the city or the neighborhood where the ~ro~erty is located and quill be in keeling with .r~irit and intent of the ordinance. The variance would not be injurious to or adversely affect the health, safety or welfare of the residents of the city. Action Motion by Second by Vote Follow Up S:\PLANNING MAIN\Case Files\Variance\V 08-03 Bamford\V 08-03_BA.doc