4.1. BA AGENDA 11-10-2009 - Laserfiche WebLink

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Case File: V 09-08 Variance Page 3 Jean Coxrow Tlariance Criteria 7. Literal el~orcement of the ordinance will cause undue hardship. The literal enforcement would cause undue hardship, as the applicant would be deprived of architectural elements that other homes in the area are allowed. Also, it could be a safety concern with inclement weather. 2. TI~e har-drhip is caused by special conditions and circumstances, which are peculiar to the property and the structure involved and which are raot characteristic of, o~°Tp~lical~le to, other lands or strzrcture in the same area. The homes in this area are older; at the time of their construction the setback requirements may have been less restrictive, resulting in homes closer to, if not encroaching into the setbacks. 3. The special conditions and circumstances are not a conseauenee of the petitioner's own action or inaction. The applicant purchased the home after it was built and the conditions and circumstances are not a consequence of the petitioner's own action or inaction. 4. The literal application o the~rovisiorzs o~this ordinance would deprive the~ietitioner o~rights erzZoyed 6v other properties in the same district under the terms of this ordinance. The applicant would be deprived of architectural elements that other homes in the area are allowed. 5. The varzance will not be injurious to or adverse a,~`ect the health, sa~e~ or we~are o~the residents o the cil y or the neighborhood where the property is located and will be in keeling rvith .r~irit and intent of the ordinance. The variance will not be injurious to or adversely affect the health, safety or welfare of the residents of the city or the neighborhood. Action Motion b5~ Second by Vote FOllow Up C:\Users\dhuebner\AppData\Local\I\ticrosoft\Windows\Temporary Internet Files\OLIi87E4\~' 09-08_BA.doc