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� li <br /> ___ � <br /> BOARP OF ADJUSTlSENT <br /> FINDIN6S, CONCLUSIONS AND ORDER � <br /> JANUARY 7, 1985 I <br /> FLLE U26-84 <br /> �I <br /> � <br /> Based upon the written request for a variance irom the City's zoni.ng �, <br /> i <br /> code, specificall� 19.16.050, n & B, made by Jule VanDerMeersche at 2113= <br /> 44th S.E. , hereinafter referred to as "Applicant," the Beard of Adjustment, <br /> I following a public hearing on said application held un January 7, 1985, and I <br /> � further having reviewed all testi�aony, makes the following £indi.ngs, I, <br /> � Conclusione,, and Order: <br /> �� FIADINGS AND CONCLUSIONS: <br /> �I1. That there ha��e been exceptional or extraordinary circumstances or <br /> � conditions applying to the subject property or as to the in!ended use ' <br /> rhereof that do not apply generally to o[her prcperCies in the same i <br /> Ivicinity or zone. � <br /> � <br /> � a. Finding: The applicant owns a parcel of property aL 2ll3 - <br /> 44th S.E. The property is a corner lot 5�� x 1.20'. A single <br /> 1 I1 <br /> family resideece was moved on the site seven (7) feet from the <br /> property line ad�acent to 44th Street. The house sits on blocks � <br /> now. The applicant has had a difficult time making the home �i <br /> mover place it in its appropriate lncation. � <br /> I�II <br /> b. Conclusion: The ext=aord:[nary circumstances are related to [he I <br /> :act that tiie moving contrsctor thought the setback was five (5) � <br /> I� feet. The applicant lias tried to get the contractor to move the � <br /> house to its appropriaCe location with no luck. The front yard <br /> 'I setback f�r this house is conaistent with the other dwellinga or, ' <br /> the block. <br /> 12. Thzt sach variance '_s necessary for the presecvation and enjoyment of a <br />� �, :ubstant_ial groperty tight of the appe.l?ant possessed by the owners o£ I <br /> Iother pruperties Ln the same vicinity or zone. I <br /> a. Finding: The applicant's pioperty is located in an R-2 zone, � <br /> corner lot, adjacent to 4rh and 44th which are 80' R.O.[4. I <br /> � <br /> � <br /> i b. Conclusion: This varianc� would not affect the public street � <br /> � which has significant amount of right-oi-way that is not bcing � <br /> used by the City. Most all of the right-af-way is being used by 'I <br /> �� adjacent propertp owners for lawn. <br /> i � <br /> I�3. That the authorization of such variance wil? not be materislly <br /> detr.imental to the public welfare oc injurious to propert.y in the II <br /> I� vicinity cr zone in which the properr.y ie located. <br /> il <br /> a. Finding: Fourth and 44th Street are 80' public right-of-way. <br /> The variance is adjacent to 44th ai:d 4th. <br /> I� b. Conclusion: Granting the varinr�ce would have no adverse effect <br /> �i on property in the area. � <br /> i <br />� <br /> I <br /> i <br /> 0405F <br /> I <br /> -1- <br /> il i <br />