4. BOASR 05-12-2009 - Laserfiche WebLink

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To Whom It May Concern: The literal enforcement of the ordinance would cause my family undue hardship by depriving us of the same rights of our neighbors in this district. Being deprived of a deck would also cause a danger to our young children as the existing patio doors, although screwed closed; the possibility is real that 2 young boys will find a way to get them open. The hardship is caused by a peculiar shift in the waterway that is unique to our lot and a peculiarly large drainage easement that runs through the rear of our property that gives us no option in building a deck and adhering to setback requirements. These special conditions are created by the waterway itself. The large drainage easement is due to a large culvert connecting a retention pond to the waterway. By literal enforcement of the ordinance, my family would not be able to construct a deck, as each neighbor along the waterway has done or is able to do. We believe that by granting us this variance we are keeping with the intent of the ordinance, that we are increasing the local tax base, not impairing. And that by placing post footings, we are doing nothing that will deter from the shore lands and thus preserve and enhance the quality of the waterway. Sec. 30-1963. Purpose of division. The uncontrolled use of shorelands of the city affects the public health, safety and general welfare not only by contributing to pollution of public waters, but also by impairing the local tax base. Therefore, it is in the best interests of the public health, safety and welfare to provide for the wise subdivision, use and development of shorelands of public waters. The legislature of the state has delegated responsibility to local governments of the state to regulate the subdivision, use and development of the shorelands of public waters and thus preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of waters and related land resources. This responsibility is hereby recognized by the city. (Code 1982, § 904.00(2)) 1 . hard ship -noun 1 a condition that is difficult to endure; suffering; deprivation; oppression: a life of hardship. 2 an instance or cause of this; something hard to bear, as a deprivation, lack of comfort, or constant toil or danger.