Resolution - #09-04-090 - 04/28/2009

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7. That the Applicant properly applied for a Variance to platting requirements to allow for the combination of Parcel 1 and Parcel 2 through a metes and bounds subdivision. 8. That the Applicant appeared before the Board of Appeals for a public hearing on April 28, 2009, and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part of these fmdings by reference. 9. That Section 9.50.06 (Procedural Variances) establishes a process to grant a variance to platting requirements, when strict compliance with these requirements may cause a practical difficulty or undue hardship, provided the variance does not affect the spirit and intent of the Section. 10. That the Applicant is requesting a Variance because the platting process causes a practical difficulty in that the metes and bounds subdivision will facilitate the combination of Parcel 1 and Parcel 2 to remove the Illegal, Nonconforming on the Structure while not losing current Legal, Nonconforming Use status. The Applicant states the existing nature of the Structure and the. existing Legal, Nonconforming Uses present a practical difficulty in compliance with setback regulation for the Common Property Line. The motion for the adoption of the foregoing resolution was duly seconded by Board Member Look, and upon vote being taken thereon, the following voted in favor thereof: Chairperson Dehen Board Member Jeffrey Board Member Look Board Member McGlone Board Member Ramsey Board Member Wise and the following voted against the same: None and the following abstained: None and the following were absent: Board Member Elvig Resolution #09-04-090 Page 2 of3