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Case bile: V 09-05 <br />Pagc 3 <br />Applicable Regulations <br />Variance Criteria <br />Side Ward Variance <br />Adam Kersten <br />Literal enforcement o~the ordinance will cause undue hardshib. <br />The garage service door was installed near the back corner of the garage. Because of elevation <br />changes on the exterior, the service door is currently unusable. The literal enforcement of the <br />ordinance would render the door unusable causing hardship for the property owner. <br />2. The hardship is caused by sbecial conditions and circumstances which are peculiar to the~T~ert~ and the <br />structure involved and which are not characteristic of or a~blicable to other lands or structure in the same area <br />The special conditions are two: first, the difference in elevation of the door and the ground <br />make the access unusable without a landing; second, the placement of the door puts any type of <br />landing in violation of the setback ordinance. <br />3. The .r~ecial conditions and circumstances are not a consequence o~the t~etitioner'.r own action or inaction <br />The house was purchased by the applicant from a previous owner. The applicant did not have <br />the ability to work with the builder to place the door in an alternate location. The conditions are <br />not a consequence of the petitioner's own action or inaction. <br />4. The literal a~blication o~the i~rovisions o~this ordinance would de~irive the betitioner oughts enioyed b ~ 01 then <br />brot~erties in the same district under the terms o~this ordinance <br />The literal application will deprive the petitioner of rights enjoyed by others, as they will not be <br />able to utilize the access door from their garage other properties in the same district. <br />5. The variance will not be iniurious to or adversely a~fect the health sa~ety or welfare o f the residents o the city or <br />the neighborhood where the ~ro~erty is located and will 6e in keeling with spirit and intent of the ordinance <br />The variance will not be injurious to or adversely affect the health, safety or welfare of the <br />residents of the city or the neighborhood. <br />Action Motion by Second by Vote <br />Follow Up <br />S:AYLANNING MAIN\Gase Files\Variance\V U9-US Kersten\~' U9-05_BA.doc <br />