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Case Pile: V 08-03 Thomas Baxrdoxd <br />Page 3 <br />2. The hardship is caused baps ecial conditions and circumstances. which are~eculiar to the ro ~ and the <br />strracture involved and which are not characteristic o~ or applicable to. other lands or structure in the same area. <br />The special conditions and circumstances peculiar to the property ate the lot sizes that were <br />created though the previous variance process. The ordinance establishes a well defined system <br />of size to lot ratios. <br />3. The special conditions and circumstances are not a conre~uence of the petitioner's own action or inaction. <br />The conditions of the property are a result of the City approving a lot size valiance, upon the <br />request by the original owner/developer just the aggregate size. <br />4. The literal application ofthe ptnvisions o~this orda'nanc~ would deprive th~etitioner ofrights enioved other <br />broberties in the came district under the terror of this ordinance. <br />The literal application of the provisions of this ordinance would not deprive the petitioner of <br />rights enjoyed by other properties as the applicant can build accessory structures. <br />5. The variance will not be injurious to or adversel~a~ect the health. safety or welfare of the residents o~the city or <br />the neighborhood where the~erty is located and will be in kee inP with spirit and intent o~the ordinance. <br />The variance would not be injurious to ox adversely affect the health, safety ox welfare of the <br />residents of the city. <br />Q1CtIUn Motion by Second by Vote <br />Follow Up <br />S:APLANNING MAiN\Cave FilesVVaianceAV 08-D3 BamfordVV OB-03~A.doc <br />