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1. The Kinney Property (given its location, size, prior ownership by an adjacent property <br />owner, and lack of public sanitary sewer) was and can be used in a reasonable manner as <br />part of one or more adjacent parcels, just as it had been used prior to the acquisition of the <br />Kinney Property by Patrick Kinney. <br />2. The plight of the property owner is due to circumstances created by the previous owner of <br />the property and by the applicant, and is not due to the unique circumstances of the <br />property. <br />The variance, if granted, may not change the character of the neighborhood, but a final <br />determination on this point cannot be made without a complete set of plans demonstrating <br />that a single family dwelling can be constructed in compliance with all other zoning and <br />flood plain regulations. <br />4. The applicant has not proven an undue hardship. <br />ADOPTED, by the Lake EImo City Council on the 16" day of July, 2002 <br />Attest: <br />K4ary kueff&r / <br />City Administrator <br />FAusers'LORFJerrylLE\Kinney - Resolution Denying Zoning - 02.wpd <br />N <br />e <br />Lee Hunt, Mayor <br />N <br />