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i <br />� <br /> r <br />� sonan oF nnausxMErrt <br />, FINDINGS, CONCLIISIONS AND OEDER <br /> JANOARY 7, 1985 I <br /> i FILE 626-84 <br /> I I <br /> IBased upon the written request for a variance from the City's zoning <br /> Icode, specifically 19.16.050, A 6 B, made by Jule VanDerMeerache at 2113 - , <br />' I 44th S.E. , hereinafter referred to as "Applicant," the Soard of Adjustment, I <br /> S I following a publ3c hearing on said application held on January 7, 1985, and i <br /> � <br /> i� further having reviewed all testimony, makes the iollowing Findings, I z <br /> 0 <br />� �IConclusions, and Order: I � <br /> il � m <br /> I` i I FINDINGS AND CONCLUSIONS: .. .� <br /> ...� T� <br /> I 1. That there have been exceptional or extraordinary circumstances or ' v�= <br /> � conditions applying to the subject property or as to the intended use c o <br />, � thereof that do not apply generally to other properties in the same m � <br />� vicinity or zone. -� c <br /> r I o - <br /> m <br />'� � a, Finding: The applicant owns a parcel of property at 2113 - _ -+ <br />� i m .. <br /> 44th S.E. The property is a corner lot 50' x 120'. A single p z <br />� i family residence was moved on the site seven (7) fzet from the y � <br />� property line ad jacent to 44th Street. The house sits on blocks I ,.r., � <br /> I noW. The applicant has had a diEficult time making the home < �' <br /> '�i mower place it in its appropriate location. � o A <br /> � <br />�i b. Conclusion: The extraordinary circumstances are related to the i "' <br /> fact that the moving contractor thought the setback was five (5) m � <br /> N <br />� feet. The appl:cant has Cried to get the contractor to move the o m <br />� house to its appropriate location with no luck. The front yard c cn <br /> setback for thie house is consistent with the other dwellinge on m `" <br /> the block. Z �' <br /> --i r <br />, m <br /> n <br /> 2. That such variance is necessary for the preservation and en�oyment of a A <br /> substantial property right of the appellant possessed by the owners of s� <br /> other properties in the same vicinity or zone. � <br /> � a. Finding: The applicant's property is located in an R-2 zone, I � <br />� corner lot, adjacent to 4th and 44th which are 80' R.O.W. �' <br /> z <br /> c <br /> b. Conclusion: This variancn uould not a:fect the public street �-� <br />� which has significant amount of right-of-way that is not being � <br />� used by the City. Most all of the right-of-way is being used by <br /> ad�acent propercy owners for lawn. I <br />� I <br /> 3. That the authorization of such variance will not be materially i <br />, detrimental to the public welfare or in3urious to property in the <br /> vicinity or zone in vhich the property ia located. <br />� a. Finding: Fourth and 44th Street are 80' public right-of-way. <br />` The variance is adjacent to 44th and 4th. <br />' b. Conclusion: Granting the variance crould have no adverse effect <br /> on properCy in the area. <br />( i i: Ufll;::�------ -----_ - <br /> i�L1ti"riY �(P��� L"G.C_fli <br /> i p <br /> i . . . y-�� �/(r�0 "� .a <br /> J': S !:,(:I( ��i' J� <br /> � <br />' ;�,..�... �/�/G��-.� F�._ � - <br /> _� rlGft6f --- ��Lt:,.;,:c _ <br /> , i !?!(fA?J �'�Uc _ . <br /> 0405F <br /> -1- i i�_�� <br />� � <br />., <br />