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Case File: V 09-06 <br />Page 3 <br />Variance <br />Robert & Linda Moore <br />3. The ~7~ecial conditions and circTSanstances are not a consequence o~the,~etitioner's own action or inaction. <br />The conditions are not a consequence of the petitioner's own action or inaction. The petitioners <br />researched alternatives, including locating the garage closer to the road, but that option was <br />hampered due in part to exiting utilities, and the impact on the neighborhood character. <br />4. The literal a~~lication o~ the ~ravisions of this ordinance would derive the petitioner o_ f rz~htr en~oyed by other <br />properties in the Bayne district under the terms of this ordinance. <br />Without the variance, the property could not construct a new functional garage or one that <br />meets the city's minimum requirement. The variance would not establish inconsistency with the <br />neighborhood character. <br />5. The variance will not be injurious to or adversely a fect the health sa~et or wel are of the residents of the cit~or <br />the neighborhood where the property is located and will be in keeping with .rbirit and intent of the ordinance <br />The request will not be injurious to or adversely affect the health, safety or welfare of the <br />residents of the city or the neighborhood where the property is located. <br />ACtlon Motion by Second by Vote <br />Follow Up <br />S:\PLANIVING MAIN\Case Files\Variance\V 09-06 Moore\V 09-06 BAdoc <br />