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• b. That the plight of the landowners is due to physical circumstances unique <br /> to his property not created by the landowner. <br /> Due to the topography of the lot, the location of the rear property corner is <br /> extremely difficult to ascertain and verify. At the time of the building permit <br /> for the structure, no survey was required and the property owner believed he <br /> was meeting the setback requirement. <br /> C. That the hardship is not due to economic considerations alone if <br /> reasonable use for the property exists under the terms of the ordinance. <br /> The structure was permitted, constructed, and inspected approximately twenty <br /> years ago and was believed to meet all ordinances at the time. Since then <br /> more thorough information has identified that the structure is encroaching <br /> approximately 8.5 inches into the setback. While the structure could be <br /> removed and reconstructed to meet the ordinance, the cost would be extreme <br /> in comparison to the minor nature of the variance being requested. <br /> d. That granting the variance requested will not confer on the applicant any <br /> special privilege that would be denied by this ordinance to other lands, <br /> structures, or buildings in the same district. <br /> A 0.71 foot reduction to the side yard setback is a minor deviation from the <br /> ordinance, and is not dissimilar to previous variances granted to existing <br /> structures that encroached upon setbacks. <br /> e. That the proposed actions will be in keeping with the spirit and intent of <br /> the ordinance. <br /> A 0.71 foot reduction to the side yard setback is a minor deviation and will not <br /> contravene the spirit and intent of the ordinance. <br /> PLANNING AND ZONING BOARD <br /> On January 9, 2008 the Planning and Zoning Board unanimously recommended approval <br /> of the Variance request based on the certificate of survey and findings of fact presented <br /> by staff. <br /> RECOMMENDATION <br /> Staff is recommending adopting Resolution 08-15, approving the Variance request based <br /> on the certificate of survey and findings of fact. <br /> . ATTACHMENTS <br /> Resolution 08-15 <br /> Applicant's justification letter <br /> Certificate of Survey submitted December 10,2007 <br />