Agenda - Council - 05/31/1983 - Laserfiche WebLink

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I I I I I I I I I I I I I I I I PROPOSED FINDINGS OF FAC~ FOR MR. DONALD BROWN 1) That the applicant has properly applied for a Board of Adjustment variance to place a swimming pool such that it does not comply with City Code. 2) That the applicant appeared before the Board of Adjustment for a public hearing on May 31, 1983. That said public hearing was properly advertised and that the minutes of said public hearing are hereby incor- -porated by reference. 3) That the applicant's property is approximately one acre in size and that the legal description is Lot 5, Block 4, Riverwood Hills Plat #1. 4) That the applicant's request is to construct a swimming pool partly in front of the front setback of the principle structure.and 37 feet from the street property line instead of the 40 feet required by City Code. 5) That there are exceptional, unique and extraordinary circumstances or conditions applying to the property in question as to the intended use of the property that do not apply generally to other properties in the same zoning district inasmuch as this was the only place the pool could be located. 6) That such variance is necessary for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same district and in the same vicinity. 7) That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this Ordinance or the public interest. 8) That the condition or situation of the specific piece of property, or the intended use of said'property, for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general' regulation for such conditions or situation. 9) That the variance observes the spirit and intent of this Ordinance, produces substantial justice and is not contrary to the public interest.