Resolution - #02-06-134 - 06/06/2002

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That there are special conditions applying to the Subject Property that do not generally apply to other properties in the district; namely the rear yard contains wetlands and steep grades, the side yards contain a mound septic system and a private well system, and compliance with City Code would prohibit the construction of an accessory structure on the subject property. 9. That the special conditions do not result from the actions of the Applicant. 10. That literal interpretation of the provisions of City Code would deprive the Applicant of rights commonly enjoyed by other properties in the same district, namely the right to have additional garage space on the premises. 11. That if granted, the variance will not permit a use that is prohibited in the PUD District. 12. That the variance requested is the minimum variance which would alleviate the hardship. 13. That if granted, the variance will not impair an adequate supply of light and air to adjacent property. 14. That if granted, the variance will not unreasonably increase the congestion in the public street. 15. That if granted, the variance will not increase the danger of fire or endanger the public safety. 16. That if granted, the variance will not unreasonably diminish property values in the neighborhood. 17. That if granted, the variance will not violate the intent of the Comprehensive Plan. 18. That, if granted, the variance will not grant the Applicant any special privileges that is denied to other owners of land in the same district. The motion for the adoption of the foregoing resolution was duly seconded by Board Member Kociscak, and upon vote being taken thereon, the following voted in favor thereof: Chairperson Nixt Board Member Kociscak Board Member Brauer Board Member Reeve and the following voted against the same: None and the following abstained: None RESOLUTION #02-06-134 Page 2 of 3