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10. <br /> <br />ll. <br /> <br />i2. <br /> <br />13. <br /> <br />14. <br /> <br />15. <br /> <br />16. <br /> <br />17. <br /> <br />18. <br /> <br />19. <br /> <br />That co ,nstruc6on of thc accessory structure/n a manner that meets thc thoroughfare setback <br />will rv.q '~.~ire removal of mature tree growth and thc addition of a substantial amount of fill. <br />That thetsubject property is entitled to a total o£ 2,064 square feet of garage and accessory <br />building ispacc; that thc total area of thc existing accessory structures and proposed StrUCrLZre <br />is 1,950 ~uare feet. <br /> <br />That there is a substantial amount of mature tree growth on the subject property that will <br />screen ttie proposed accessory structure from C.S.A.H. #57. <br /> <br />That the ~Applicant has stated that the variance requested is the minimum variance which <br />would alleviate the hardship. <br /> <br />That the~ are unique circumstances applying to the subject property that do not generally <br />apply to ~other properties in the district; namely, that additional setback requirements are <br />imposed ion properties abutting thoroughfares and there is a sharp decline in topography <br />beyond t~e 110 foot setback from C.S.A.H. #57. <br /> <br />That the ,Special conditions causing the undue hardship do not result from the actions of the <br />Applicant. <br /> <br />That suchvariance is necessm-y for the preseveafion of a substantial property right similar to <br />that possessed by other properties in the R-1 Rural Residential District, namely achieving <br />the amouiat of allowable accessory structure space established by City Code for a parcel this <br />size. <br /> <br />That if grimted, the variance will not grant the Applicant any special privilege that is denied <br />to other owners of lands, structures or buildings m the same district. <br /> <br />That if,gl:anted, the variance will not be materially detrimental to the purposes of the <br />R~mge3 :Zoning Chapter or other property in the R-1 Rural Residential District. <br /> <br />That ff gr~ ted, the variance will not substantially inc/-ease the congestion of public streets, <br />or incre~e the danger of fire, or endanger the public safety, or substantially impair <br />property q, alues within the neighborhood. <br /> <br />That the location of the south property line of the subject property is in dispute. <br /> <br />The motion for tti. e adoption of the foregoing resolution was duly seconded by Board Member <br />Bawden and upoa vote being taken thereon, the following voted in favor thereof: <br /> <br /> ChairpersOn Terry Hendriksen <br /> Board Meimber David Bawden <br /> Board Mei'nber Charles I.m.Due <br /> Board Me~nber Ben Deemer <br /> Board Me~nber Paul Holland <br /> Board Metnber Michael Terry <br /> Board Me~nber Bradley Thorud <br /> <br />and the following !voted against the same: <br /> <br />None <br /> <br />and the following abstained: <br /> <br />None <br /> <br />q <br /> <br /> <br />