Resolution - #05-12-394 - 12/01/2005

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6. That the Applicant has stated that the significant grade changes between the Subject Property and Bunker Lake Blvd., the presence of curvilinear streets, and a property depth too deep for rowhouses but not deep enough for back-back units, presents a hardship with regard to complying with maximum front yard setbacks and driveway lengths. 7. That the Applicant has requested a variance to develop the Subject Property with a maximum front yard setback of 35 feet. 8. That the Applicant has requested a variance to develop the Subject Property with a maximum driveway length of 70 feet. 9. That the Applicant has stated the variance requested is the minimum variance needed to alleviate the hardship. 10. That if granted, the variance will not permit a use that is prohibited in the Town Center TC- 4b Sub-district. 11. That if granted, the variance will not impair an adequate supply of light and air to adjacent property. 12. That if granted, the variance will not endanger the public safety. 13. That if granted, the variance will not unreasonably diminish property values in the neighborhood. 14. That if granted, the variance will not violate the intent of the Comprehensive Plan. 15. That, if granted, the variance will not grant the Applicants any special privilege that is denied to other owners of land in the same district. 16. That undue hardship will result if the variance request is denied due to the existence of special conditions and circumstances which are peculiar to the Town Center District. The motion for the adoption of the foregoing resolution was duly seconded by Board Member Van Scoy, and upon vote being taken thereon, the following voted in favor thereof: Chairperson Nixt Board Member Van Scoy Board Member Brauer Board Member Levine Board Member Shepherd Board Member Watson and the following voted against: None RESOLUTION #05-12-394 Page 2 of 3