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Planning & Zoning Board <br />August 13, 2003 <br />Fernstrom Variance <br />4. That granting the Variance requested will not confer on the applicant any special <br />privilege that would be denied by this ordinance to other lands, structures, or <br />buildings in the same district. <br />Comment: since there is a demonstrable issue of hardship, there would not be any <br />special privilege conferred. <br />5. That the proposed actions will be in keeping with the spirit and intent of the <br />ordinance. <br />Comment: variances can be granted, while at the same time upholding the spirit of <br />the ordinance, when hardship can be demonstrated. <br />CONCLUSION <br />The issue of hardship drives all requests for variances. Hardship can be demonstrated in <br />this instance by the location of the septic system. The septic mound precludes the <br />proposed garage from being sited in an area that would satisfy ordinance requirements. <br />In this way, hardship can be demonstrated and staff would recommend approval of the <br />requested variance. <br />OPTIONS <br />1.) Recommend approval of the proposed Variance. <br />2.) Recommend denial of the proposed Variance. <br />3.) Return to staff with direction. <br />RECOMMENDATION <br />Option #1 <br />4 <br />