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fCE«»-29M <br />No««ntef7 2003 <br />9. "The conditions do not apply generally to other land or structures in the district in <br />uhleh said land is located.” <br />The applicants' property is 2 047 acres within a 2<icre zone. The neighborhood <br />consists of similar lots In the opinion of staff this criterion is not met. <br />10. ”The granting of the i^)plication is necessary for the preserv ation and enjovincnt <br />of a substantial property right of the applicant.” <br />The ability to have the 2S30 sf sport court is not a property right of the applicant In <br />the opinion of staff this criterion is not met <br />11. "The granting of the proposed variaiKe will not in any way impair health, safety, <br />effort morals, or in any other respect be contrary to the intent of the Zoning <br />The granting of this variance is contrary’ to the intent of the Zoning Ordinance in that <br />while sport courts do not hax’e a maximum size restriction, sport courts 1000 sf or <br />greater are required to meet a 30 ‘ side setback. This requirement was established to <br />protect adjacent properties from the negative impacts of such facilities In the <br />opinion of staff this criterion is not met <br />12. ”The granting of such variance will not merely serve as a convenience to the <br />applicant, but is necessary to alleviate demonstrable hardship or difllculty .” <br />The variance if granted will serve as a convenience to the applicants. 'it is not <br />necessary to alleviate a hardship or difficulty In the opinion of staff this criterion is <br />not met <br />Issttet for Consideratioo <br />1 . Perhaps some additional soil testing could be performed in order to determine <br />whether or not an alternative secondary* septic location could be located, which <br />might allow for a conforming location. <br />2. Arc there any other issues or concerns with this application? <br />Staff Reconncndatlon <br />Planning Staff recommends denial of the after-the-fact variance request based on a <br />finding that if there are too many restrictions caused by other site features and amciuucs. <br />then these factors arc not hardships but are reasons that the site cannot support an <br />additional amenity.