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09-22-1997 Council Packet
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09-22-1997 Council Packet
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STATEMENT OF HARDSHIP <br />The aplicant should be asked for their testimony regarding this issue. Also see the application <br />(attachment A), <br />Criteria for Determining Undue HarHchjp <br />1 . The property in question cannot be put to a reasonable use if used under conditioi <br />allowed by the official controls. <br />The property has been and can continue to be put to a reasonable use without a deck, <br />however, another entrance would improve fire safety concerns. <br />2. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />T^e property does not meet zoning district requirements for lot area or width. The west <br />side yard is non-conforming, which could have been avoided when the house was built i <br />m ^ 9 • <br />3.The variance, if granted, will not alter the essential character of the locality. <br />The variances for front setback, side setback and lot coverage will <br /><;^cter of the area as the deck would have negative impact being located <br />only 18.2 from the street, forward of most structures facing Livingston Avenue. <br />4.Economic considerations alone shall not constitute an undue hardship if reasonable <br />use for the property exists under the terms of this chapte*' <br />Economic factors are not a consideration with this application. <br />Undue hardship also includes, but is not limited to, inadequate access to direct sunlight <br />for solar energy systems. <br />Solar access is not a consideration. <br />6.The Board of Appeals and Adjustments or the Council may not permit as a variance <br />for any use that is not permitted under this Chapter for the property in the zone where <br />the aifected person s land is located. <br />U228S John LauereUt <br />3505 Livingston Avenue <br />Variances <br />9/15/97 <br />Pag9 3
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