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Case File: V 08-07 Christina Simon <br />Page 3 <br />Applicable Regulations <br />Variance Criteria <br />1. Literal enforcement of the ordinance mill cause undue hardshib. <br />Literal enforcement will not cause undue hardship as the property already has a viable use (a <br />duplex) on it without a variance. The property can be subdivided without a variance. <br />2. The hardshib is caused by special conditions and circumstances which are t)eculiar to the Proberly and the <br />structure involved and which are not characteristic of or "licable to other lands or structure in the same area <br />There is no hardship nor special conditions and circumstances. The conditions of the site <br />existed prior to the applicant purchasing the property. The current conditions, lot size and <br />setbacks, meet the zoning requirements. <br />3. The 4ecial conditions and circumstances are not a consequence of the betitioner's own action or inaction <br />The applicant was aware of the conditions of the site prior to purchasing the property; which is a <br />duplex on a single parcel of land. <br />4. The literal 4Plication of the tnvisions of this ordinance would derive the petitioner of rights enZoved by other <br />broberties in the same district under the terms of this ordinance. <br />The property owner is not being deprived of any rights. The property already has a viable use (a <br />duplex) on it without a variance. <br />5. The variance will not be incurious to or adversely affect the health safety or we are of the residents of the cit or <br />the nec hborhood where the broDerty is located and will be in keeling with 4irit and intent of the ordinance <br />A variance would not be injurious. <br />Action Motion by Second by Vote <br />Follow Up <br />S:\PLANNING MAIN\Case Files\Variance\V 08-07 Simon\V 08-07_BA-2.doc <br />