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#761 - Douglas H. Smith <br />November 10, 1983 <br />Page 3 <br />1. No available land - lots are developed on both sides <br />2. Sewer and water are available <br />3. House and improvements to be constructed without need for additional <br />variances <br />4. Applicant purchased property not knowing the ordinance limitations <br />on development of Lot 18 <br />5. Variance being granted despite the common ownership issue <br />6. By granting this variance, there will be no negative effect oil the <br />public health, safety and welfare <br />7. By granting this variance, it is coc.iistent with the development of the <br />area <br />8. By granting this variance, there should be no need for future hardcover <br />and setback variances <br />9. Planning Commission would like to note that the garage is a non- <br />conforming structure and Fubjectto all pertinent ordinances <br />10. The special conditions applying to the structure of land in question <br />are peculiar to such property or immediately adjoining property <br />11. The conditions do not apply generally to other land or structures in <br />the district and which said land is located <br />12. The granting of the application is necessary for the preservation and <br />enjoyment of a substantial property right of the applicant. <br />13. The granting of the proposed variance will not in any way impair health, <br />safety, comfort, morals, or in any other respect be contrary to the <br />intent of the zoning code <br />14. That the granting of such variance will not merely serve as a <br />convenience to the applicant, but is necessary to alleviate demonstrablE <br />hardship or difficulty <br />If Council cannot act to recommend approval, you have two alternatives of <br />action: <br />1. Adopt minority opinion of the Planning Commission and vote to deny the <br />variance application of Doug Smith for a lot held in common ownership <br />that is 5,032 sq. ft. or 23% under required 21,780 sq. ft. or 100• in <br />area and 45 feet or 41J% under required 100' or 100t in lot width based <br />on the following findings: <br />