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STATEMENT OF HARDSHIP <br />The applicant should be asked for their testimony regarding this issue. Also see the application <br />(attachment A). <br />Criteria for Determining Undue Hardship <br />1. <br />2. <br />The property in question cannot be put to a reasonable use if used under conditions <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 />The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The 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 in <br />1976. <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 />affect the character 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 />Economic considerations alone shall not constitute an undue hardship if reasonable <br />use for the property exists under the terms of this chapter. <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 affected person's land is located. <br />U22S5 John Laiterelle <br />3505 Livingston A\\*nue <br />Variances <br />9/15/97 <br />Page 3