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i <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br />I <br /> <br />(35) to an intersection with a line drawn West at right angles <br />to said parallel line from the actual point of beginning, thence <br />East to actual point of beginning, being part of Lot Four (4) <br />Auditor's Subdivision No. 96. <br /> <br />6) That such a variance is necessary for the preservation and enjoyment of <br />a substantial property right similar to that possessed by other properties <br />in the same district and in the same vicinity inasmuch as several other <br />structures, including the existing building, do not comply with the setback <br />requirements of the ordinance. <br /> <br />7) That the authorization of such a variance will not be of substantial <br />detriment to the adjacent properties and will not materially impair the <br />intent and purpose of this ordinance or the public interest. <br /> <br />8) That the condition or situation of the specific piece of property is not <br />so general or reoccurant in nature as to make reasonably practicable the for- <br />mulation of a general regulation for such conditions or situations. <br /> <br />9) That the variance observes the spirit and intent of the ordinance and is <br />not contrary to the public interest. <br /> <br />10) That properly constructed, the structure will comply with the require- <br />ments of the State Building Code. <br /> <br />11) That the applicant has agreed to enter into a development agreement in <br />consideration of said variance. <br /> <br /> <br />